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Home My WebLink AboutAgenda Packet 2005/07/26 ~v?- ~~-~ _-<~:s. '-~~'" I declare under penalty of perjury that I am employed by the City 01 Chula Vista In the. Office of the City Clerk and that I posted thiS document on the bulletin board according to Brown Act require:ents. ~ ~ . Dated '7 (z2joS S:g;;6d ~ ClIT OF CHUlA VISTA Stephen C. Padilla, Mayor Deputy Mayor Patty Davis Councilmember John McCann Councilmember Jerry R. Rindone Councilmember Steve Castaneda David D. Rowlands, Jr., City Manager Ann Moore, City Attorney Susan Bigelow, City Clerk July 26, 2005 6:00 P.M. AGENDA Council Chambers 276 Fourth Avenue Public Services Building CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Davis, McCarm, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED POLICE OFFICERS CONSENT CALENDAR (Items I through 8) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. I. APPROVAL OF MINUTES of the Adjourned Regular Meeting of June 28, 2005. Staff recommendation: Council approve the minutes. Page 1 - Council Agenda July 26, 2005 2. WRITTEN COMMUNICATIONS . Letter from Mayra Reyes, a student at EastLake High School, requesting financial support to attend the Junior Statesmen Summer School at Stanford University. Staff recommendation: One hundred dollars be granted from the Council Contingency Fund to the Junior Statesmen Foundation towards Ms. Reyes's expenses, in exchange for which she will make a presentation to a City youth group. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 3.18.010 TO ESTABLISH A NEW AMOUNT FOR THE SEWERAGE FACILITIES REPLACEMENT COMPONENT OF THE SEWER SERVICE CHARGE AND ALLOWING THE CITY COUNCIL TO ESTABLISH SUCH AMOUNTS IN THE FUTURE BY COUNCIL RESOLUTION (SECOND READING) The sewer service charge is paid by all users who are connected to the City's wastewater collection system. Revenues derived from this fee are used to fund the cost of wastewater treatment, system maintenance and operation. Based on the findings of a study, it was determined that over the long term, the existing sewer rates would not generate the revenues needed to meet the obligations of the sewer fund, therefore the rates need to be adjusted. This ordinance was introduced at the Regular Meeting of July 19,2005. (City Engineer) Staffrecommendation: Council adopt the ordinance. 4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 12-M (VILLAGE 7) B. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 12-M (VILLAGE 7 -FIRST READING) Proceedings were previously initiated for the formation of Community Facilities District (CFD) 12-M. On July 19,2005, a Special Tax Election for CFD 12-M was conducted. Adoption of the ordinance authorizes the levy of Special Taxes within CFD 12-M. This district will fund the perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with Village 7. 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. (City Engineer) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. Page 2 - Council Agenda July 26, 2005 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A WARDING A CONTRACT TO TRUGREEN LANDCARE IN THE AMOUNT OF $164,926 FOR ANNUAL LANDSCAPE MAINTENANCE OF AUXILIARY OPEN SPACE AREAS, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENT FOR FIVE ADDITIONAL, ONE-YEAR OPTION PERIODS Bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians & Parkways were opened on April 14, 2005. Auxiliary areas were omitted due to their relatively small size or recent inclusion in the City's landscape maintenance program. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $227,493 FOR NINE REPLACEMENT POLICE SEDANS TO VILLA FORD, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO COOPERATIVE BID A3044-00-A AND Q2865/00 The Fiscal Year 2005/2006 equipment replacement budget provides for the replacement of nine police sedans. Chula Vista Municipal Code Section 22.56.140 and Council Resolution 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City has an opportunity to participate in a current City of San Diego bid for favorable terms and pricing. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 7. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 2.37.010, 2.37.020,2.37.30 AND 2.37.040 OF THE MUNICIPAL CODE, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON AGING (FIRST READING) The role of the Commission on Aging in the community has been evolving to include representation of not only older adults, but adults with disabilities as well. Adoption of the ordinance amends the municipal code to redefine the functions of the Commission. (Director of Recreation) Council place the ordinance on first reading. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND APPROVING THE FOURTH AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING SERVICES, RELATED TO MITIGATION MONITORING AND REPORTING, PREPARATION OF ENVIRONMENTAL DOCUMENTS AND THE COORDINATION AND OVERSIGHT OF THE PREPARATION OF ENVIRONMENTAL DOCUMENTS Page 3 - Council Agenda July 26, 2005 Adoption of the resolution approves the fourth amendment to an existing contract with Marion B. Borg in an amount not to exceed $86,000. This consultant has performed as an extension of City staff in the capacity of an environmental project manager, and has performed well. (Director of Planning and Building) Staffrecommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND, AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Adoption of the resolution enhances the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment is received on a more timely basis. (Director of Finance) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL 10. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Page 4 - Council Agenda July 26, 2005 Adoption of the resolution enhances the collection process for solid waste service charges by reducing the amount of uncollectible losses and ensuring that payment is received on a more timely basis. (Director of Finance) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL II. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING ORDINANCE 2898, RELATING TO THE PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PROGRAM FOR OT A Y RANCH VILLAGE 11 Adoption of the ordinance and resolution updates the Pedestrian Bridge Development Impact Fee program for Otay Ranch Village II to account for construction cost increases of the pedestrian facilities. The fee, payable at issuance of a building permit, will increase from $827 to $1,728 per equivalent dwelling unit. This will be the first adjustment of the fee since its inception on February 18,2003. (City Engineer) Staff recommendation: Council conduct the public hearing, adopt the following resolution and place the following ordinance on first reading: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY DEVELOPMENT PLANNING & FINANCING GROUP RECOMMENDING THE UPDATE OF THE EXISTING PEDESTRIAN BRIDGE DEVELOPMENT IMP ACT FEE PROGRAM FOR OTAY RANCH VILLAGE II B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 2898 RELATING TO THE PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PROGRAM FOR OT A Y RANCH VILLAGE II 12. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S ACTION REGARDING THE TERM LIMIT FOR THE UNIVERSITY OF PHOENIX, AND APPROVAL OF A CONDITIONAL USE PERMIT FOR AN EIGHT-YEAR TERM Adoption of the resolution allows the University of Phoenix to operate at 2060 Otay Lakes Road for an eight-year term instead of the five-year term approved by the Planning Commission. (Director of Planning and Building) Page 5 - Council Agenda July 26,2005 Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT PCC-05-043, TO ALLOW AN ADULT EDUCATIONAL FACILITY FOR A PERIOD OF EIGHT YEARS, LOCATED IN AN EXISTING BUILDING AT 2060 OTAY LAKES ROAD IN THE EASTLAKE PROFESSIONAL PLAZA, EASTLAKE COMMERCIAL DISTRICT, PROFESSIONAL AND ADMINISTRATIVE ZONE 13. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW BONITA COUNTRY DAY SCHOOL TO CONTINUE TO OPERATE A PRIVATE, NON- PROFIT ELEMENTARY SCHOOL Adoption of the resolution allows the existing school to continue to operate at 625 Otay Lakes Road for an additional five years. (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 CONDITIONAL USE PERMIT, PCC-05-021, TO ALLOW BONITA COUNTRY DAY SCHOOL TO CONTINUE TO OPERATE A PRIVATE NON-PROFIT ELEMENTARY SCHOOL FOR AN INTERIM PERIOD OF FIVE YEARS AND TO WAIVE ALL APPLICATION FEES FOR THIS PROJECT AT 625 OTAY LAKES ROAD IN THE BONITA LONG CANYON, PLANNED COMMUNITY PUBLIC QUASI ZONE ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS IS. MAYOR'S REPORTS A. Ratification of reappointments to the following boards, committees and commissions: . Board of Library Trustees: Virginia Martinez . Charter Review Commission: Armida Martin Del Campo, Cheryl Cox . Child Care Commission: Debora Munoz . Civil Service Commission: Salvador Saucedo . Cultural Arts Commission: Frances Cornell . Growth Management Oversight Commission: Steve Palma . Housing Advisory Commission: Steven Zasueta Page 6 - Council Agenda July 26, 2005 . Human Relations Commission: Anne Cordon . Mobilehome Rent Review Commission: Edmond LaPierre (Ex-officio), Thomas Teagle · Nature Center Board of Trustees: Herbert Young, Margery Stinson · Parks & Recreation Commission: Chris Searles · Resource Conservation Commission: Tracy-Lynn Means . Safety Commission: Mark Perrett, Angel Rosario · Veterans Advisory Commission: Bobby Price, Stephen Milliken B. Council appointment to the Chula Vista Veterans Home Support Foundation C. Council appointment to the City Schools Task Force D. Council appointment to the Police Activities League 16. COUNCIL COMMENTS ADJOURNMENT to an Adjourned Regular Meeting on August 2, 2005 at 4:00 p.m., in Conference Rooms 2 and 3 in the Public Services Building (the Regular Meeting of August 2, 2005 has been cancelled). Page 7 - Council Agenda July 26, 2005 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 28,2005 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09 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 ORAL COMMUNICATIONS Lisa Cohen, Executive Director of the Chula Vista Chamber of Commerce, along with Tina Medina, General Manager of the Chula Vista Convention & Visitors Bureau, invited the Council to attend the Celebrate Chula Vista event on Monday, July 4, 2005 at Bayside Park from 12:00 p.m. to 9:00 p.m. Mayor Padilla recessed the meeting at 6:11 p.m. to the joint meeting of the City Council and Redevelopment Agency. Mayor Padilla reconvened the meeting at 7:39 p.m. with all Councilmembers present. CONSENT CALENDAR (Items I through 2) IA. RESOLUTION NO. 2005-212, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR ENVIRONMENTAL SERVICES ON THE GENERAL PLAN UPDATE WITH RECON, WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT lB. RESOLUTION NO. 2005-213, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT FOR FINANCIAL CONSULTING SERVICES ON THE GENERAL PLAN UPDATE WITH ECONOMIC RESEARCH ASSOCIATES, WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT Page 1 - Council Minutes / June 28, 2005 CONSENT CALENDAR (Continued) lC. RESOLUTION NO. 2005-214, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR TRANSPORTATION SERVICES ON THE GENERAL PLAN UPDATE WITH KlMLEY HORNE & ASSOCIATES, WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT lD. RESOLUTION NO. 2005-215, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT FOR GROWTH MANAGEMENT CONSULTING ON THE GENERAL PLAN UPDATE WITH ECONOMICS & PLANNING SYSTEMS, INC., WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT IE. RESOLUTION NO. 2005-216, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES ON THE GENERAL PLAN UPDATE WITH FOX AND SOHAGI, LLP, WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT After receiving substantial public comments during the public review period and at the Planning Commission public hearing on the General Plan Update (GPU) documents, the City extended the GPU to consider and respond to comments, and to revise and re- circulate the associated Draft Environmental Impact Report. Due to the unforeseen extension and duration of the GPU process, additional consulting services are needed beyond the scope of current contracts. Adoption of the resolutions approves the amendment of five consultant contracts and related budget actions to take the General Plan Update through completion in calendar year 2005. (Director of Planning and Building) Staffrecommendation: Council adopt the resolutions. 2. RESOLUTION NO. 2005-217, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PAYMENT OF $106,881 TO THE COUNTY OF SAN DIEGO FOR THE CITY'S SHARE OF THE OTAY RIVER WATERSHED MANAGEMENT PLAN FROM THE EXISTING EXPENDITURE BUDGET OF THE PLANNING AND BUILDING DEPARTMENT As a member of the Joint Exercise Powers Agreement, with an interest in the Otay River, the City is responsible for its share ofthe cost for a watershed management plan. As the lead agency, the County of San Diego presented the City with an invoice for said plan. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes June 28, 2005 CONSENT CALENDAR (Continued) Councilmember McCann stated that he represents the City on the Otay River Watershed Management Plan Board and that additional information on the process would be forthcoming. He assured everyone that the actions being taken would improve water quality and protect the watershed for future generations. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. ORAL COMMUNICATIONS There was none. OTHER BUSINESS 3. CITY MANAGER'S REPORTS There were none. 4. MAYOR'S REPORTS There were none. 5. COUNCIL COMMENTS Deputy Mayor Davis asked the City Manager to check with the Chula Vista Police Department and local law enforcement agencies, and bring a report back to the Council, regarding whether or not they support the Minuteman group coming to San Diego from Arizona to patrol the border. Mayor Padilla stated that he chairs the Public Safety Committee of SANDAG and will request a report from the Committee, as well. Councilmember Rindone stated that the University Blue Ribbon Committee is moving forward and making good progress. Mayor Padilla recessed the meeting at 7:43 p.m. to the Special Meeting of the City Council, meeting jointly with the Public Financing Authority. He reconvened the meeting at 8:44 p.m. with all Councilmembers present. CLOSED SESSION 6. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 · Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo · Employee organizations: Police Officers Association, Chula Vista Employees Association, International Association of Fire Fighters, Western Council of Engineers No reportable action was taken on this item. Page 3 - Council Minutes June 28, 2005 ADJOURNMENT At 9:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of July 12, 2005, at 6:00 p.m. in the Council Chambers. ------::;. "- -.- - tu~~<(~. Susan Bigelow, MMC, City Clerk Page 4 . Council Minutes June 28, 2005 0lY OF CHUlA VISTA July 20, 2005 FROM: The Honorable Mayor and City Council David D. Rowlands, J~ Manager TO: SUBJECT: July 26, 2005 Council Agenda Item #2 -- Written Communication Request for Financial Support Written Communications #2 on the July 26, 2005 agenda is a request from Ms. Mayra Reyes, a junior at EastLake High School, for financial support in order that she may attend The Junior Statesmen Summer School at Stanford University in July. Under Council Policy 159-02, Council has approved the expenditure of funds for various Chula Vista students to attend similar conferences in exchange for a presentation to a City youth group. IT IS STAFF'S RECOMMENDATION THAT $100 FROM THE COUNCIL CONTINGENCY ACCOUNT BE GRANTED TO MS. REYES TOWARD EXPENSES INCURRED FOR HER ATTENDANCE AT THE JUNIOR STATESMEN SUMMER SCHOOL AT STANFORD UNIVERSITY. 2-1 c..c. : ffL,..y () t; Jim D, + 'Za/ne:f~ Mayra Reyes 897 Maria Way Chula Vista, CA 91911 (619) 261-6975 JUI/ I ~ i7 .'"' .. ,} ?" ~ .(,. !",Joo. '-'UJ June 6th, 2005 To: Chula Vista Police Department Community Relations I have been selected to attend The Junior Statesmen Summer School at Stanford University in July. This month-long program is limited to 250 outstanding high school students who are interested in politics and government. It is an honor to be selected for the Summer School, and I am excited about attending. I am writing to ask for your financial support to help me attend. At the Summer School, I will be studying college-level Macroeconomics with distinguished college professors. We will also have an opportunity to meet and question California's political leaders. The total amount I need in order to attend the Summer School is $3,675 due June 20th. This includes the tuition and room and board. Due to special circumstances, my family cannot afford to pay the entire amount. I need to raise at least one-half of my tuition. That is why I am asking you for assistance. A donation of any amount from you to The Junior Statesmen Foundation will make a big difference. The Junior Statesmen Foundation is a 501 (cX3) educational organization, and your contribution will be used to help local students like me attend the Summer School where we will learn how to get involved in government and develop the skills to make a difference. If you are interested in helping, please make your tax-deductible donation to the Junior Statesmen Summer School. Thank you very much for your time and consideration. I hope to hear from you soon. _M~erelY, tile. l7f/~ , ~ . MaYfll,Reyes _____ P.S. If you'd like to reach me, I'm available after 3:00 p.m. 2-2 Mayra Reyes 897 Maria Way Chula Vista, CA 91911 (619) 261-6975 Education: Eastlake High School, Class of2006 Overall GPA: 3.83 Class Rank: Top 10% Curriculum: AP Art History AP U.S. History Newspaper AP English Literature Math Analysis Chemistry Grade: A Grade: A Grade:. A Grade: A Grade: B Grade: B AP Score: TBA AP Score: TBA AP Score: TBA Previous Courses: AP Spanish Language AP European History Grade: B Grade: A AP Score: 4 AP Score: 4 Extra-Cun-icular Activities: Washington Mutual High School Internship Program (WMHIP) . 2004-Present California Scholarship Program (CSF) . 2003-Present Edge Newspaper · Staff writer, 2004-2005 · Features Editor, 2005-Present Varsity Swim and Dive Team · 2003-Present Water Polo Team · 2003-2004 Awards and Honors: · Principals Honor Roll, 2003-Present · Young Women's Leadership Program, 2005 Community Service: · Animal custodian, PetsMart, 2005 2-3 ORDINANCE NO. t\OO?I\ON SECONO RE~.o\NG ~~O ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 3.18.010 TO ESTABLISH A NEW AMOUNT FOR THE SEWERAGE FACILITIES REPLACEMENT COMPONENT OF THE SEWER SERVICE CHARGE AND ALLOWING THE CITY COUNCIL TO ESTABLISH SUCH AMOUNTS IN THE FUTURE BY COUNCIL RESOLUTION WHEREAS, on June 16, 1987, the City Council created a sewerage facilities replacement fund to pay the cost of refurbishment and/or replacement of structurally deficient sewerage facilities, including related evaluation, engineering, and utility modification costs; and WHEREAS, during Fiscal Year 2003, the City retained Post, Buckley, Schuh, & Jernigan, Inc. ("PBS&J") to analyze the sewer rehabilitation program and the sewer facilities replacement fee as components of the Update to the City's Wastewater Master Plan; and WHEREAS, based on the review of the available data, it was determined that the funding for the current sewer rehabilitation program was inadequate; and WHEREAS, a portion of the monthly sewer service charge is allocated to the sewerage facilities replacement fund, which funds the sewer rehabilitation program; and WHEREAS, to fully fund the rehabilitation program the allocation must be increased; and WHEREAS, setting the sewerage facilities replacement component of the sewer service charge is can be a cumbersome process because the component is set by ordinance while the sewer service charge is set by resolution. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain that: SECTION I. Section 3.18.010 of the Chula Vista Municipal Code is amended to read as follows: (Red lined text is deleted; underlined is added) 3-1 Ordinance No. Page 2 of 3 3.18.010 Established - Disposition of revenue - Expenditures permitted. A. There is established a fund to be designated as the "sewerage facilities replacement fund." B. The City Council shall set by resolution or ordinance the amount to be deposited into the seweraqe facilities replacement fund. Any monies deposited shall be derived from the revenue collected from the monthly sewer service charQe set forth in CVMC Section 13.14.110. The amount to be deposited may be a lump sum or a portion of each user's sewer service charqe.From tho revonuo Elorivod fror:F1 tho monthly sowor sorvioo SAafgO sot fortMn Chaptor 13.11 CVMC, tho following amounts shall bo dopoeitod inte-EHlch SOWefa@O facilities roplacomont fuf14 1. Domostic. For oach single far:F1i1y dwolling unit sorviood by a S€f)8fate-wat~f--ffietor, $0.70 por month., 2. Domostic. For othor parcole of roal property used f-or domoGtic purpoeos and sorviood by a wator motor, an ar:F1ount caloulatod 3t tho rata of--$0.06 por oach 1-GG cubio foot of wator ueago by such parcol, btIf-.in.--R0 oaso lose than $0.70 por-month, nor mor-e-tRafl $Gc7G por dwolling unit por month. 3. Commorcial and Induetrial. For promisos usod f-or othor than domostic purpoces,aA-<lmount caloulotod at tho roto of $0.06 pef oaoh 100 cubic f-oot of wator uGago by such pror:F1isoG, but in no oaGO lOGS than $0.70 por r:F1onth. C. Nothing herein shall be construed as superseding or conflicting with the existing sewer fund, sewer service revenue fund, or the trunk sewer capital reserve fund. D. The fund shall be used solely for the purpose of paying the cost of refurbishment and/or replacement, in connection with the CIP program and with council approval, of structurally deficient sewerage facilities, including related evaluation, engineering, and utility modification costs, unless the city council shall by four-fifths vote appropriate such funds for another purpose; provided, such purpose shall be for the construction, maintenance or operation of sewers or incidental thereto, including any charge for its collection. 3-2 Ordinance No. Page 3 of 3 SECTION II. For the fiscal years 2006 (retroactively to July 1st) through 2010, the sewerage facilities replacement fund shall be funded according to the following table. USER CLASS MONTHLY AMOUNT Single-Family - A Flat Rate $1.97 Multi-Family - A Variable Rate per HCF* $0.11 Commercial - A Variable Rate per HCF* $0.11 'But in no case less than $1.97 per month ("HCF" means 1 00 cubic feet of water) In the future, amendments to this table may be made by resolution. SECTION III. This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Submitted by: Approved as to form by: Alex AI-Agha City Engineer n f 3-3 COUNCIL AGENDA STATEMENT , Item Meeting Date 07/26/05 ITEM TITLE: Declare Election Results regarding levy of Special Taxes within each Improvement Area of Community Facilities District No. 12M (Village 7) and the establishment of an Appropriations Limit therein and Authorize the levy of Special Taxes A. Resolution of the City Council of the City of Chula Vista, California, declaring the results of a special election in such Community Facilities District No. 12M (Village 7). B. Ordinance of the City Council of the City of Chula Vista, California, authorizing the levy of a special tax within each improvement area of such Community Facilities District No. 12M (Village 7). SUBMITTED BY: City Engineer eA:- REVIEWED BY: City Manager ~ (4/5ths Vote: Yes_Noll) On June 7, 2005, the City Council initiated proceedings for the formation of CFD No. 12M by adoption ofResolutions 2005-179 through 2005-181. On July 12,2005, the City Council approved the formation and establishment of CFD No. 12M by adoption of Resolution. On July 19, 2005, a Special Tax Election for CFD No. 12M was conducted. Tonight's action will be the next step in the proceedings to authorize the levy of Special Taxes within CFD No. 12M. This district will fund the perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with Village 7. 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. RECOMMENDATION: That Council: 1. Approve the resolution declaring the results of a special election in Community Facilities District No. 12M (Village 7), and 4-1 Page 2, Item ~ Meeting Date 07/26/05 2. Approve the ordinance authorizing the levy of special tax within each improvement area of Community Facilities District No. 12M (Village 7). BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On January 13, 1998, Council adopted the. "City of Chula Vista Statement of Goals and Policies regarding the establishment of Community Facilities Districts" (the "Goals and Policies"). The approval of this document ratified the use of CFDs as a public financing mechanism for (1) the construction and/or acquisition of public infrastructure, and (2) the financing of authorized public services. Taxes levied by maintenance districts, such as CFD No. 12M, are currently excluded from the criterion set forth in the Goals and Policies that the total of all ad valorem and special taxes shall not exceed 2% of the initial sales price of the home. On April 28, 1998, Council, acting under its Charter authority, enacted the "Chula Vista Community Facilities District Ordinance" (the "Ordinance"). The Ordinance adopted the Mello-Roos Act with modifications to accomplish the following: 1) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" ("1972 Act"), 2) include certain maintenance activities not listed in the "Mello-Roos Act" or the "1972 Act", and 3) establish an operating reserve fund for open space districts. .CFD 12M will provide the necessary funding for the operation and maintenance of public landscaping and storm water improvements serving Village 7 by levying an annual "special tax", which is collected from the property owners within CFD 12M in conjunction with the property taxes. There is no direct cost to the City. All expenses related to the district administration, including levying and collecting the special taxes, are also funded from such special taxes. The proposed CFD No. 12M is consistent with the above-mentioned Ordinance and the Goals and Policies. In addition, staff has met with the developers to discuss relevant issues, clarify the intent of the Goals and Policies and Ordinance, and review the proposed special tax rates and the methodology for the apportionment of the special taxes. All of the issues raised by the developers have been discussed and solutions, satisfactory to. all parties, were incorporated in the "Rate arid Method of Apportionment" (the "RMA") approved at the July 12, 2005, Council meeting. During its June 7, 2005, meeting, City Council approved Resolution No. 2005-181, which ordered the preparation of a Community Facilities District Report ("Report"). The CFD report was approved by the City Council on July 12, 2005. 4-2 Page 3, Item 4 Meeting Date 07/26/05 During its July 12, 2005, meeting, City Council approved Resolution 2005-247, which ordered the formation and establishment of Community Facilities District No. 12M and authorized the electors to vote on the special taxes. On July 21, 2005, the City Clerk conducted the special election. Resolution/Ordinance There is one resolution and one ordinance on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION DECLARING ELECTION RESULTS is the formal action of the City Council declaring the results of a special election, which was conducted on July 19, 2005, in Community Facilities District No. 12M. The ORDINANCE AUTHORIZING THE LEVY OF A SPECIAL TAX is the formal action of the City Council authorizing the levy of a special tax within each improvement area of Community Facilities District No. 12M. FISCAL IMPACT All costs of formation of the district are being paid by the developers and the on-going administration will be funded entirely by CFD No. 12M. Staff costs will be fully reimbursed for the following activities: 1) District formation (Staff cost estimated at $50,000, and 2) District annual administration costs (estimated annual staff cost each year is $23,850 and an additional $11,000 for contractual administration by the Engineering Department). J:EngineerlAGENDA ICAS2005\7-26-05ICFD 12M Staff agenda. doc 4-3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City COlillCil"), has previously undertaken proceedings to create and did establish a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is referred to as COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7) (the "District"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of each Improvement Area within the District a proposition relating to the levy of special taxes within the District and a separate proposition relating to the establishment <if an appropriations limit for the District; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable votes of at least 2/3 's the qualified electors of each Improvement Area within the District, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State ofCalifomia. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement identifying the measures voted upon and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so incorporated. R VPUBIMUM\692172.2 1 4-4 SECTION 3. The City Clerk is hereby directed, pursuant to the proVISIOns of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. PREPARED BY: APPROVED AS TO FORM BY: Sohaib AI-Agha City Engineer RVPUBlMUM\692172.2 2 4-5 EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7) SPECIAL ELECTION in said City, held July 19, 2005. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District in said City, and the whole number of votes cast for the Measures in said District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. 1. VOTES CAST ON PROPOSITION A: YES NO 2. VOTES CAST ON PROPOSITION B: YES NO , ,). VOTES CAST ON PROPOSITION C: YES NO WITNESS my hand and Official Seal this day of ,2005. CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA RVPUBIMUM\692172.2 3 4-6 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT 12M (VILLAGE 7) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special taxes within a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Titie 5 of the Government Code of tile State of California (tile "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to tile powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (tile "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7) (tile "District") and include two improvement areas therein designated as IMPROVEMENT AREA A and IMPROVEMENT AREA B (collectively the "Improvement Areas"). The City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 12M (Village 7), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of tius ordinance, authorize the levy of special taxes witlun the Improvement Areas of the District pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECTION 2. The City Engineer is hereby further authorized, by Resolution, to annually determine tile special taxes to be levied witilin the District for the tilen current tax year or future tax years, except tilat the special tax to be levied within the District shall not exceed the maximum special tax calculated pursuant to the Special Tax Formula, but tile special tax may be levied at a lower rate. SECTION 3. The special taxes herein autilorized, to the extent possible, shall be collected in the same marmer as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, tile District may utilize a direct billing procedure for any special taxes that cannot be collected on the COlmty tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special taxes shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of tile special tax. The lien of the special tax shall continue in force and effect wltil the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or RVPUBIMUM\692166.1 I 4-7 lmtil the special tax ceases to be levied by the City COlU1cil in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on July 26,2005; Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on the day of , 2005, by the following vote: AYES: NOES: ABSTAIN: ABSENT: PREPARED BY: APPROVED AS TO FORM BY: Sohaib Al-Agha City Engineer RVPUB\MUM\692166.1 2 4-8 RVPUB\MUM\692166.1 Exhibit "A-I" CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12M RATE AND METHOD OF APPORTIONMENT FOR VILLAGE 7 IMPROVEMENT AREA A A-l-l 4-9 RVPUB\MUM\692166.1 Exhibit "A-2" CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12M RATE AND METHOD OF APPORTIONMENT FOR VILLAGE 7 IMPROVEMENT AREA B A-2-1 4-10 COUNCIL AGENDA STATEMENT ..- Item J Meeting Date 07/26/05 SUBMITTED BY: Resolution awarding a contract to TruGreen LandCare in an amount of $164,921 for annual landscape maintenance of auxiliary open space areas and authorizing the Purchasing Agent to renew the agreement for five (5) additional, one (1) year option periods. Director of Public Works Operations f City Manager W (4/Sths Vote: Yes No---.X.J ITEM TITLE: REVIEWED BY: Bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians & Parkways opened on April 14, 2005. Auxiliary areas were omitted due to their relatively small size or recent inclusion in the City's landscape maintenance program. BOARD/COMMISSION RECOMMENDATION: N/ A RECOMMENDATION: That Council adopt a resolution to award a contract to TruGreen LandCare in an amount of$164,921 for annual landscape maintenance of auxiliary open space areas (District 20, Zone 3; Turf by Fire Station 4; MTDB; Olympic Parkway - Brandywine/Oleander, Phases 1-3, Brandywine NE; TCRD & 805; District 23/Palm Island), and authorizing the Purchasing Agent to renew the agreement for five (5) additional, one (1) year option periods. DISCUSSION: Formal bids for Citywide Open Space Landscape Maintenance were received on April 14, 2005. During the mandatory pre-bid conference and subsequent bus tours, prospective respondents were informed that auxiliary areas not included in the bid specifications would be negotiated after award. These areas were omitted due to their relatively small size or recent inclusion in the City's landscape maintenance program. Auxiliary areas include: District 20, Zone 3; Turfby Fire Station 4; MTDB; Olympic Parkway - Brandywine/Oleander, Phases 1-3, Brandywine NE; TCRD & 805; District 23/Palm Island. Quotes were obtained from the contractor currently performing work in the auxiliary areas, Blue Skies Landscape Maintenance. TruGreen Landcare also submitted pricing. TruGreen has been awarded a contract for maintenance of citywide Medians & Parkways, terrain similar in topography to the auxiliary areas. In addition, TruGreen has been awarded contracts for landscape maintenance in districts geographically adjacent to the auxiliary areas as well as for citywide Tree Trimming Service. 5-1 Page 2, Item ~ Meeting Date 07/26/05 Summary of Bids Received (Annual Maintenance, Including Trees) Auxiliary Area TruGreen Blue Skies District 20, Zone 3 $13,973 No Bid Turfbv Fire Station 4 $4,809 No Bid MTDB $9,116 $14,400 Oly Pkwy, Brand-OIean $18,673 $12,400 Oly Pkwy, Phase I $40,616 $76,424 Olv Pkwy, Phase 2 $38,650 $19,520 Olv Pkwy, Phase 3 $17,834 $49,996 Olv Pkwv & Brandywine $693 $4,150 TCRD & 805 $2,139 $4,800 District 23lPalm Island $18,418 No Bid Total (All Areas) $164,921 $181,690 Despite Blue Skies not submitting bids for three areas, TruGreen is the low, overall bidder. TruGreen is recommended for award of all areas based on their overall pricing, past performance, and ability to assign maintenance crews to the contiguous areas and open space districts they service. City Open Space Inspectors will also be able to manage work performed by one contractor more efficiently than if multiple awards are made. Performance standards and terms & conditions of Landscape Maintenance of Open Space Districts Bid #1-04/05 shall apply to the auxiliary areas. TruGreen will provide a performance & payment bond through the life of the contract, including option periods. The contract is for one year with five one-year options, if work performance is satisfactory. Additional one-year extensions shall be by mutual agreement of the Contractor and City. Prices shall remain firm for the first contract year. For the option years, price increases are based on changes in the annual San Diego Consumer Price Index, for an amount not to exceed 5%. The City reserves the right to accept option year price increases or terminate the contract without penalty. Original bid submittals are available in the Purchasing Agent's office. FISCAL IMPACT: The impact to the General Fund is $35,430. The remaining $129,491 will be borne by the respective homeowners in each Open Space District or Community Facility District. 5-2 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO TRUGREEN LANDCARE IN AN AMOUNT OF $164,921 FOR ANNUAL LANDSCAPE MAINTENANCE OF AUXlLLARY OPEN SPACE AREAS, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENT FOR FIVE (5) ADDITIONAL, ONE (1) YEAR OPTION PERIODS WHEREAS, bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians & Parkways opened on April 14, 2005. Auxiliary areas were omitted due to their relatively small size or recent inclusion in the City's landscape maintenance program; and WHEREAS, formal bids for Citywide Open Space Landscape Maintenance were received on April 14, 2005. During the mandatory pre-bid conference and subsequent bus tours, prospective respondents were informed that auxiliary areas not included in the bid specifications would be negotiated after award. These areas were omitted due to their relatively small size or recent inclusion in the City's landscape maintenance program; and WHEREAS, auxiliary areas include: District 20, Zone 3; Turf by Fire Station 4; MTDB; Olympic Parkway - Brandywine/Oleander, Phases 1-3, Brandywine NE; TCRD & 805; District 23/Palm Island; and WHEREAS, TruGreen has been awarded a contract for maintenance of citywide Medians & Parkways, terrain similar in topography to the auxiliary areas. In addition, TruGreen has been awarded contracts for landscape maintenance in districts geographically adjacent to the auxiliary areas as well as for citywide Tree Trimming Service; and Summary of Bids Received (Annual Maintenance, Including Trees) Brand-Olean Phase 1 Phase 2 Phase 3 Blue Skies No Bid No Bid 14400 12400 76 424 19520 49 996 4150 4800 No Bid 181690 5-3 WHEREAS, Blue Skies did not submit bids for three areas, TruGreen is the low, overall bidder. TruGreen is recommended for award of all areas based on their overall pricing, past performance, and ability to assign maintenance crews to the contiguous areas and open space districts they service. City Open Space Inspectors will also be able to manage work performed by one contractor more efficiently than if multiple awards are made; and WHEREAS, performance standards and terms & conditions of Landscape Maintenance of Open Space Districts Bid #1-04/05 shall apply to the auxiliary areas. TruGreen will provide a performance & payment bond through the life of the contract, including option periods; and WHEREAS, the contract is for one year with five one-year options, if work performance is satisfactory. Additional one-year extensions shall be by mutual agreement of the Contractor and City. Prices shall remain firm for the first contract year. For the option years, price increases are based on changes in the annual San Diego Consumer Price Index, for an amount not to exceed 5%. The City reserves the right to accept option year price increases or terminate the contract without penalty. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby award a contract to TruGreen LandCare in an amount of $164,921 for annual landscape maintenance of auxiliary open space areas ((District 20, Zone 3; Turf by Fire Station 4; MTDB; Olympic Parkway - Brandywine/Oleander, Phases 1-3, Brandywine NE; TCRD & 805; District 23lPalm Island), and a BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to renew the agreement for five (5) additional, one (1) year option periods. Presented by Approved as to form by Dave Byers Director of Public Works Operations J:\attorney\reso\Contract TruGreen Landcare 7 26 05 5-4 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 7/26/2005 ITEM TITLE: Resolution Awarding a Purchase Agreement in the amount of $227,493 for nine replacement police sedans to Villa Ford, in accordance with the terms and conditions of City of San Diego cooperative bid A3044-00-A and Q2865/00 SUBMITTED BY: Director of Public Works operation.h /' DirectorofFina~ ~ REVIEWED BY: David D. Rowlands, Jr., City Manager (4/5ths Vote: Yes_No 1U The FY 2005-06 Equipment Replacement Budget provides for the replacement of nine police sedans. The Chula Vista Municipal Code Section 22.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City has an opportunity to participate in a current City of San Diego bid for favorable terms and pricing. RECOMMENDATION: That the City Council approve the Resolution awarding the Purchase Agreement in the amount of $227,493 to Villa Ford for nine police sedans. DISCUSSION: In the past, the City of Chula Vista has entered into purchasing agreements with the City of San Diego for various pieces of equipment. Several local agencies combined requirements for this bid and, as a result, received favorable terms and pricing based on volume discounts. The City of Chula Vista has an opportunity to participate in the City of San Diego Bid and realize these cost benefits. The nine police sedans assigned to Police are being replaced in their normal retirement cycle. As a provision of the contract the pricing and terms have been extended one month past the expiration date allowing Chula Vista to purchase sedans at last year's prices prior to the manufacturer's new model price increase. FISCAL IMPACT: Sufficient funds are available in the Equipment Replacement Budget for the replacement of nine police pursuit sedans. A total of $1 ,262,563 was approved during the budget process for FY05- 06 to purchase vehicles and equipment being replaced in their normal replacement cycle. Of this amount, $227,493 is available for the replacement of nine police sedans. File No: 1320-50-DG C:\Documents and Settings\robertb\My Documents\Bob\equipment\A113 PDSedans FY06.doc 6-1 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $227,493 FOR NINE REPLACEMENT POLICE SEDANS TO VILLA FORD, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO COOPERATIVE BID#A3044-00-A AND Q2865/00 WHEREAS, the FY 2005-06 Equipment Replacement Budget provides for the replacement of nine police sedans; and WHEREAS, the Chula Vista Municipal Code Section 22.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage; and WHEREAS, in the past, the City of Chula Vista has entered into purchasing agreements with the City of San Diego for various pieces of equipment. Several local agencies combined requirements for this bid and, as a result, received favorable terms and pricing based on volume discounts; and WHEREAS, several local agencies combined requirements for a cooperative bid on police sedans and, as a result, received favorable terms and pricing based on volume discounts; and WHEREAS, nine police sedans assigned to Police are being replaced in their normal retirement cycle; and WHEREAS, as a provision of the contract the pricing and terms have been extended one month past the expiration date allowing Chula Vista to purchase sedans at last year's prices prior to the manufacturer's new model price increase. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby award a Purchase Agreement in the amount of $227,493 for nine police sedans to Villa Ford. Presented by Approved as to form by -Yl~ Ann Moore City Attorney ~r Dave Byers Director of Public Works Operations J:\Attomey\purchase agreements\award police sedans 7 26 05.doc 1 6-2 COUNCIL AGENDA STATEMENT Item Meeting Date 7/26/05 7 ITEM TITLE: Ordinance ofthe City Council of the City of Chula Vista amending Sections 2.37.010, 2.37.020, 2.37.30 and 2.37.040 of the Municipal Code relating to the duties and functions of the Commission on Aging SUBMITTED BY: Commission on Aging REVIEWED BY: Director ofRecreation;Jj0roM REVIEWED BY: City Manager f,i;) (4/5ths Vote: Yes_ No---XJ BACKGROUND The Commission on Aging was established by Ordinance 2016 of the City Council in December 1982, at which time Chapter 2.37 was added to the Municipal Code. It was the intent of the Council to create an official body to work in an advisory capacity to survey, intelligently plan and use the tools of education and motivation on all matters affecting the older residents of the city. Section 2.37.020 delineated the duties and functions of this Commission. Since then, the role of the Commission in the community has been evolving to include representation of not only older adults, but adults with disabilities as well. Many programs utilized by older adults (50 years and over) are also available to adults with disabilities (18 years and older) and many grants available for senior programs include availability for disabled adults (over age 18) as well. The Commission therefore requests the Council to adopt an ordinance amending Chapter 2.37 of the Municipal Code redefining the Commission's duties to include its representation of adults with disabilities. RECOMMENDATION: That Council place the ordinance on first reading. COMMISSION RECOMMENDATION: The Human Relations Commission met Wednesday, March 9, 2005 and supported the Commission on Aging's revised language for their charter (Attachment A). The Commission on Aging voted to take this action at their September 8, 2004 meeting. DISCUSSION: The federal Older Americans Act requires that any materials discussing older Americans must also include adults with disabilities. In updating the Commission on Aging's duties 7-1 Item 1 Page2 Date 7/26/05 and functions as outlined in the Boards and Commissions Handbook, the Commission desires to modify some of the language pertaining to its roles and functions to include adults with disabilities, and to change all references to "seniors", to "older adults". Inasmuch as the language in the Boards and Commissions Handbook is derived from the section of the Municipal Code (Chapter 2.37) that establishes these duties, as a housekeeping measure it is necessary to amend the Code to reflect these changes. In July 1993, the Human Relations Commission established a transit subcommittee that works with HandyTrans and the SCOOT Board regarding transportation issues for people with disabilities, but, other than that, adults with disabilities in our community do not have local representation on a City Board or Commission. The Commission on Aging feels it would be appropriate to represent adults with disabilities as well as the older population, as San Diego County's Aging and Independent Services program does. The Commission therefore recommend amending Chapter 2.37 ofthe Municipal Code as follows, with the changes underlined: CHAPTER 2.37 COMMISSION ON AGING Sec. 2.37.010 Purpose and Intent It is the purpose and intent of the City Council to establish a special Commission on Aging which would make recommendations and advise the City Council and the City Manager on all matters affecting the older residents and adults with disabilities of the City ofChula Vista. No change to Paragraph 2 of this section. Sec. 2.37.020 Duties and Functions In addition to investigative research activities, the Commission on Aging IS specifically charged with a responsibility to: A. Take such steps as are necessary based upon their analysis of the current situation to develop a mutual understanding and respect between older adults and adults with disabilities with the balance of the community. B. Promote new and improved programs of service to older residents and adults with disabilities in cooperation with peer boards and commissions as well as the City Manager. C. Review the effectiveness of programs presently in being and when necessary to recommend modification, redirection, and use of alternate or additional resources. 7-2 'i Item , Page3 Date 7/26/05 D. Work together with City, County, State and Federal agencies in developing programs for the older residents and adults with disabilities. E. Actively encourage local retirement clubs, churches and senior groups to exchange ideas on programs, activities and social action which will benefit older adults and adults with disabilities and decrease their isolation from the community. F. Promote intergenerational programs which will cause and result in an interchange of ideas and activities between older adults, disabled adults. and the youth of our community. G. Determine the extent of older adult and disabled adult involvement and participation in the processes of government and ability to make recommendations. H. Provide a forum before which older adults and adults with disabilities may bring their specific problems. 1. Periodically prepare comprehensive reports to the Council describing the Commission's activities, accomplishments and recommendations as to future efforts. J. Establish a list of priorities of needs and programs and advocate appropriate action by the City Council in accordance with such lists of needs and programs. Sec. 2.37.030 Objectives of Commission The Commission shall undertake investigations and studies for the purpose of making recommendations to the City Council concerning, but not limited to, the following: Social Service and/or human service programs and facilities. Leisure time activities and recreational and social program. Development of part-time employment opportunities. Programs for the understanding of the problems of older adults and adults with disabilities. Sec. 2.37.040 Created - Appointment of Members There is hereby created a Commission on Aging consisting of seven (7) members, one (1) member appointed by each Councilmember, and three (3) appointed by the Mayor, to be ratified by the City Council, from the qualified electors of the 7-3 Item -1-Page4 Date 7/26/05 City in the manner prescribed and in accordance with the provisions of the Charter of the City of Chula Vista. The members so selected shall be representative of the total racial, religious, ethnic and social spectrum of the older and disabled adult citizenry. No changes to the rest of the Ordinance. FISCAL IMPACT: None Attachment A - Human Relations Commission meeting minutes of March 9, 2005 7-4 Attachment Al Human Relations Commission Meeting Minutes Wednesday, March 9, 2005, 5:30 P.M. Chula Vista Police Department, Community Room 1. Roll Call The meeting was called to order at 1740 hours by Vice Chairman Anne Cordon with the following commissioners present: Edna Concepcion, Perny Cosca-Reese and Michael Palomo. Staff present: Capt Wedge 2. Declaration of Excused/Unexcused Absences Comm. Celaya - unexcused. Comm. Celaya's busy schedule may conflict with HRC meeting attendance Comm. Palomo asked about status of Comm. Avalos letter of resignation from the Commission. No declaration on Comm. Jemison's absence. (Note after the meeting, Comm. Jemision arrived and stated that he had been outside the building since 5:45pm and even though he called the Police communication office, as well as Comm. Cordon and Cosca-Reese, no one could unlock the door and let him in. Comm. Jemision's absence will be excused.) 3. Approval of Minutes Tabled since the Feb. 9th meeting minutes were not available to review. 4. Public Remarks None. Acknowledgment of Guests Steve Palma, Commission on Aging 5. Old Business A. Literary Contest Comm. Palomo passed out paper copies of the flier and rules. Revisions were discussed and noted for future versions and copies. Comm. Deadline for contest is April 8. For the April meeting, Comm. Cordon will draft an entry screening form and procedures to review submissions. The final decision on winners will be made at the May meeting. B. Botterman Award 2004 Comm. Cosca-Reese inquired as to when Beverly Roush would be notified of her selection as the 2005 recipient. Since Commissioner Jemison was not at the meeting, the item will be followed up by Comm. Cordon with Ms. Endaya and Comm. Jemison. C. Mission Statement No discussion. Members present thought the mission statement was finalized. Comm. Cordon will review changes and bring to the next meeting. 1 7-5 Attachment A2 Added Old Business: Steve Palma from the Commission on Aging presented the revision to their charter to include advocacy for the disabled. Comm. Cordon suggested adding in the discussion section that it was in 2004 that the Commission on Aging visited the HRC to discuss its interest and desire to advocate for disabled adults 18 years and older. HRC Comm. Cordon and Palomo suggested that the Commission on Aging consider revising their name to reflect the disabled adult population. HRC Commissioners supported the Commission on Aging's revised language for their charter. 6. New Business No new business 7. Other Business A. Written Correspondence None B. Commissioners' Comments Invitation to other cities' HRCs to visit at the next meeting in April. Suggestion was to have a very brief agenda which would include any updates on Literary Contest submissions and screening procedures. The chair can then open the floor to a general discussion on the roles and activities of HRC. Afterward, the visitors can go on an hour long tour of the building with highlights of the communications room, lab and building layout. For lack of time, the tour of the jail will be skipped. Comm. Concepcion requested an update on the HRC budget. For 2003, the budget was about $350. This year, the budget will be at least $800: $700 for the Literary Contest and at least $100 for several plaques for Botterman and Civic awardees. Capt. Wedge noted the budget number and will research. Comm. Concepcion also requested that we all get business cards and name tags. Capt. Wedge will also look into this. General discussion on the role of the CV HRC and a proposed review of the Roles and Functions of the HRC as outlined in the City Clerk's 2004 Handbook. Comm. Palomo reminded that a review of 2004 crime statistics would be helpful to HRC to identify community issues. C. Administrative Staff Comments None 8. Adjournment The meeting was adjourned at 1840 hrs, until the next scheduled meeting on April 6, 2005 at 5:30 p.m. Anthony Jemison HRC Chairperson Wendy Endaya HRC Secretary 7-6 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, AMENDING SECTION 2.37.010, 2.37.020, 2.37.030 AND 2.37.040 OF THE MUNICIPAL CODE RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON AGING WHEREAS, the Commission on Aging was established by Ordinance 2016 of the City Council in December 1982, at which time Chapter 2.37 was added to the Municipal Code; and, WHEREAS, Section 2.37.020 delineated the duties and functions of this Commission. Since then, the role of the Commission in the community has been evolving to include representation of not only older adults, but adults with disabilities as well.; and, WHEREAS, many programs utilized by older adults (50 years and older) are also available to adults with disabilities (18 years or older) and many grants available for senior programs include availability for disabled adults (over age 18) as well; and WHEREAS, updating the Commission on Aging's duties and functions as outlined in the Boards and Commissions Handbook, the Commission desires to modify some of the language pertaining to its roles and functions to include adults with disabilities, and to change all references to "seniors" to "older adults"; and WHEREAS, the Commission on Aging feels it would be appropriate to represent adults with disabilities as well as the older population, as San Diego County's Aging and Independent Services program does. The Commission therefore recommend amending Chapter 2.37 of the Municipal Code as follows: with the changes underlined: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: CHAPTER 2.37 COMMISSION ON AGING Sec. 2.37.010 Purpose and Intent It is the purpose and intent of the City Council to establish a special Commission on Aging which would make recommendations and advise the City Council and the City Manager on all matters affecting the older residents and adults with disabilities of the City of Chula Vista. 7-7 Ordinance No. Page 2 No change to Paragraph 2 of this section. Sec. 2.37.020 Duties and Functions In addition to investigative research activities, the Commission on Aging IS specifically charged with a responsibility to: A. Take such steps as are necessary based upon their analysis of the current situation to develop a mutual understanding and respect between older adults and adults with disabilities with the balance of the community. B. Promote new and improved programs of service to older residents and adults with disabilities in cooperation with peer boards and commissions as well as the City Manager. C. Review the effectiveness of programs presently in being and when necessary to recommend modification, redirection, and use of alternate or additional resources. D. Work together with City, County, State and Federal agencies in developing programs for the older residents and adults with disabilities. E. Actively encourage local retirement clubs, churches and senior groups to exchange ideas on programs, activities and social action which will benefit older adults and adults with disabilities and decrease their isolation from the community. F. Promote intergenerational programs which will cause and result in an interchange of ideas and activities between older adults, disabled adults. and the youth of our community. G. Determine the extent of older adult and disabled adult involvement and participation in the processes of government and ability to make recommendations. H. Provide a forum before which older adults and adults with disabilities may bring their specific problems. 1. Periodically prepare comprehensive reports to the Council describing the Commission's activities, accomplishments and recommendations as to future efforts. J. Establish a list of priorities of needs and programs and advocate appropriate action by the City Council in accordance with such lists of needs and programs. 7-8 Ordinance No. Page 3 Sec. 2.37.030 Objectives of Commission The Commission shall undertake investigations and studies for the purpose of making recommendations to the City Council concerning, but not limited to, the following: Social Service and/or human service programs and facilities. Leisure time activities and recreational and social program. Development of part-time employment opportunities. Programs for the understanding of the problems of older adults and adults with disabilities. Sec. 2.37.040 Created - Appointment of Members There is hereby created a Commission on Aging consisting of seven (7) members, one (1) member appointed by each Councilmember, and three (3) appointed by the Mayor, to be ratified by the City Council, from the qualified electors of the City in the manner prescribed and in accordance with the provisions of the Charter of the City of Chula Vista. The members so selected shall be representative of the total racial, religious, ethnic and social spectrum of the older and disabled adult citizenry. No changes to the rest of the Ordinance. SECTION 2: Effective Date. This ordinance shall take effect and be in full force thirty (30) days after its adoption. Buck Martin Director of Recreation J)CM- Ann Moore City Attorney ~r' J:Attorney/Ordinance/Amendment to CYMe commission on aging 72605 7-9 COUNCIL AGENDA STATEMENT ~ Item No.: v Meeting Date: 7/26/05 SUBMITTED BY: Resolution of the City Council of the City of Chula Vista waiving the formal consultant selection process; and approving the Fourth Amendment to an agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting services related to mitigation monitoring and reporting, preparation of environmental documents and the coordination and oversight of the preparation of environmental documents. . Director of Planning and Building~ City Manager LJ ( 4/5ths Vote: Y ~ No -K....J ITEM TITLE: REVIEWED BY: The item before the City Council is a request to approve the Fourth Amendment to an existing contract with Marion B. Borg Environmental Consulting for environmental consulting services related to mitigation monitoring and reporting, preparation of environmental documents and the coordination and oversight of the preparation of environmental documents for eastern Chula Vista master planned community projects. The Fourth Amendment is for an amount not to exceed $86,000. RECOMMENDATION: That the City Council adopt the Resolution of the City Council of the City of Chula Vista waiving the formal consultant selection process; and approving the Fourth Amendment to the agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The continuing services of Marion B. Borg Environmental Consulting is needed for the environmental processing of projects such as the Eastlake Seniors Project, Otay Ranch Eastern Urban Center (EVC), Otay Ranch Village 2 and mitigation monitoring for such projects as Eastlake Village Shopping Centers, Otay Ranch Village 7 and San Miguel Ranch. Consultant Services Marion B. Borg, Environmental Consulting In October 2001, the City entered into a contract (Original Agreement) with Marion B. Borg Environmental Consulting for the purpose of: a) mitigation monitoring to ensure applicant's compliance with the California Environmental Quality Act for master planned community projects, such as the San Miguel Ranch and EastLake; b) preparing environmental documents such as initial studies, negative declarations and mitigated negative declarations for projects in 8-1 P 2It N .c age , em 0.: i) Meeting Date: 7/26/05 eastern Chula Vista; and 3) providing oversight and coordination of envirorunental documents such as Envirorunental Impact Reports for eastern Chula Vista master planned community projects. In April 2002, the City entered into a First Amendment to agreement with Marion B. Borg Envirorunental Consulting to continue envirorunental consulting services specified in the Original Agreement. In July 2003, the City entered into a Second Amendment to agreement with Marion B. Borg Envirorunental Consulting to continue envirorunental consulting services specified in the Original Agreement. In September 2004, the City entered into a Third Amendment to agreement with Marion B. Borg Envirorunental Consulting to continue envirorunental consulting services specified in the Original Agreement. Scope of work The detailed scope of work for Marion B. Borg Consulting is set forth in Attachment 4. Waive the Formal Consultant Selection Process Marion B. Borg Consulting is a one-person company, and Ms. Borg has worked exclusively on City projects since the inception of the original contract with the City in 2001. In fact, Ms. Borg has performed as an extension of staff and has performed her tasks in a professional and satisfactory manner. Due to her familiarity with the City and City processes, and due to the absence of the need to train Ms. Borg in these processes, the City would be materially better served by waiving the formal consultant selection process. FISCAL IMPACT: The proposed Fourth Amendment will add $86,000 to the total services provided to the City by the Consultant and cover services to be provided through June 30, 2006. The original contract was for $49,500 and covered services through April 30, 2002. The First Amendment added $74,200 to the original agreement and covered services through June 30, 2003. The Second Amendment added $86,000 to the original agreement and covered services through June 30, 2004. The Third Amendment added $86,000 to the original agreement and covered services through June 30, 2005. Total contract value of services provided to the City by the Consultant is $381,700 over a five-year period. Funding for all services has been and will continue to be completely covered by developer deposit reimbursements, and both expenditures and revenues are included in the FY 2006 Planning & Building Department operating budget. Attachments 1. Original Contract with Marion B. Borg Envirorunental Consulting dated October 2001. 2. First Amendment to agreement between the City of Chula Vista and Marion B. Borg Envirorunental Consulting. 3. Second Amendment to agreement between the City of Chula Vista and Marion B. Borg Envirorunental Consulting. 4. Third Amendment to agreement between the City of Chula Vista and Marion B. Borg Envirorunental Consulting. s. Fourth Amendment to agreement between the City of Chula Vista and Marion B. Borg Envirorunental Consulting. 8-2 /I n4::.H ttt !ZJ\i T I Parties and Recital Page(s) Agreement between City of Chula Vista and Marion B. Borg Environmental Consulting For Environmental Consulting Services This agreement ("Agreement"), dated /t:'- C-c/ , for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the- attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the expertise of an Environmental Consultant is necessary and requires the hiring of a Consultant; and WHEREAS, the Consultant is currently on the City's list of certified environmental consultants; and WHEREAS, implementation of the Planning & Building Department's work plan necessitates the expertise of an environmental consultant and requires the hiring of an environmental consultant; and WHEREAS, the Consultant has demonstrated the ability to perform mitigation monitoring, and the preparation of environmental documents while working as a Temporary Expert Professional for the City of Chula Vista; and WHEREAS, the Consultant is uniquely familiar with the City's environmental process and procedures; and WHEREAS, it is in the City's best interest to waive the City's formal bidding process as well as impractical, in that the City is in immediate need of an experienced environmental consultant; and WHEREAS, the Consultant, is uniquely qualified to serve as the Consultant for this contract based on the firm's experience and expertise with environmental impact assessment, resource management and mitigation monitoring within this region. 9/26/01 J:\Planning\MARIL YN\MBBContractrevised.doc Page I 8-3 WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in Section 6.5.2 ofthe Environmental Review Procedures; and WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mUJually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties". B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials baii.is at the rates set forth in 9/26/01 J:\Planning\MARIL YN\MBBContractrevised.doc Page 2 8-4 the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in perforining any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance 9/26/01 J:\Planning\MARIL YN\MBBContractrevised.doc Page 3 8-5 Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term,- "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide ~irection and guidance to 9/26/01 J:\Planning\MARIL YN\MBBContractrevised.doc Page 4 8-6 achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subj ect to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who .is authorized by said party to represent them in the routine administration of this agreement. 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 9/26/01 J :\Planning\MARI L YN\MBBContractrevised.doc Page 5 8-7 Failure to complete the Defined Services within the allotted time period specified in this Agreement shaH result in the foHowing penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shaH pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a"Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Consultant is designated as an FPPC Filer, Consultant shaH not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in -the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 9/26/0 I J :\Planning\MARIL YN\MBBContractrevised.doc Page 6 8-8 E. Duty to Advise of Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for (i) those claims, damages, liability, costs and expenses (including without limitation, attorney fees) arising from the sole negligence or sole willful misconduct of the City its officers, employees, or (ii) with respect to losses arising from Consultant's professional errors or omissions, those claims arising from the negligence or willful 9/26/01 J:\Planning\MARtL YN\MBBContractrevised.doc Page 7 8-9 misconduct of City its officers, employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination ofthis Agreement. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shaH have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shaH reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shaH be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 9/26/01 J:\Planning\MARIL YN\MBBContractrevised .doc Page g 8-10 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material . All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose ofresolving any dispute over the terms of this Agreement. 9/26/01 J:\Planning\MARIL YN\MBBContractrevised.doc Page 9 8-11 15. Attorney's Fees Should a dispute arising out ofthis Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision ~ereof may be amended, 9/26/01 J:IPlanninglMARIL YNIMBBContractrevised.doc Pllge 10 8-12 modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] 9/26/01 J:\Pfanning\MARIL YN\MBBContractrevised.doc Page 11 8-13 Signature Page to Agreement between City ofChula Vista and Marion B. Borg Environmental Consulting for environmental consulting services IN WITNESS WHEREOF, City and Consultant have executed this. Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2001 City ofChula Vista by: ~___-.,t?&. ~ David D. Rowlands, Jr. City Manager Attest: ~ ~Lu t.u': ~i-_L! ~ Susan Bigelow, City Clerk Approved as to form: ~~ rf~tChC~3 Jo . y, CIty Attorney Dated: c;brjj/ Marion B. Borg Enviommental Consulting BY7i~~. d,]-= Marion B. Borg, Owner Exhibit List to Agreement (X) Exhibit A. 9/26/0 I J:\Planning\MARIL YN\MBBContractrevised.doc Page 12 8-14 Exhibit A to Agreement between City ofChula Vista and Marion B. Borg Environmental Consulting 1. Effective Date of Agreement: October 5. 2001 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a () Other: form] , a [insert business ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Marion B. Borg Environmental Consulting. 5. Business Form of Consultant: (X) Sole Proprietorship ( ) Partnership ( ) Corporation 9/26/01 J:\Planning\MARIL YN\MBBContractrevised.doc Page 13 8-15 6. Place of Business, Telephone and Fax Number of Consultant: 16110 Country Day Road Poway, CA 92064 Telephone (858) 676-7987; Fax Number (858) 676-0646 7. General Duties: Under the direction of the Environmental Review Coordinator Marion B. Borg Environmental Consulting will function as an Environmental Consultant acting as an extension of the Environmental Review Section staff on various projects. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The primary responsibility of the Environmental Consultant will be to provide environmental review and assessment support to City staff pertaining to environmental projects as identified and approved by the Environmental Review Coordinator. At the direction of City staff, tasks will include but are not limited to: a. Mitigation Monitoring: Verification of Applicant's compliance with the San Miguel Ranch Final EIR (EIR 97-02) Mitigation Monitoring and Reporting Program (MMRP) and associated agreements as they relate to the MMRP including but not limited to review of grading plans, improvement plans, revegetation/habitat enhancement plans and Final Maps; preparation of environmental documents (i.e., Initial Studies, Negative Declarations/ Mitigated Negative Declarations and Addendums) necessary for the implementation of the San Miguel Ranch Sectional Planning Area (SPA) plan, site visits, meetings with the applicant, team meetings and any other activity deemed necessary by the Environmental Review Coordinator to assure Applicant's compliance with the FSEIR for San Miguel Ranch (EIR 97-02); and b. Preparation of Environmental Documents: As deemed necessary by the Environmental Review Coordinator, preparation of environmental documents including Initial Studies, Negative Declarations, Mitigated Negative Declarations and Addendums to previously prepared documents for projects within, but not limited to the Planned Communities located in Eastern Chula Vista including the Otay Ranch and EastLake; and c. Coordination and Oversight of the Preparation of Environmental Documents: As directed by the Environmental Review Coordinator, coordinate the preparation of City environmental documents such as Environmental Impact Reports and Supplemental Environmental Impact Reports including preparation of Notices of Preparation, review of screen check drafts, coordination of public review of documents, preparation of staff reports to 9/26/01 J:\Planning\MARIL YN\MBBContractrevised.doc Page 14 8-16 Planning Commission and City Council, review of draft Findings of Fact and any necessary statements of overriding considerations and mitigation monitoring reporting program related to the environmental document. All tasks associated with this contract shall be coordinated with and have prior authorization by the Environmental Review Coordinator who will be overseeing administration of the contract. All work performed by the environmental Consultant shall be performed to the satisfaction of the City's Environmental Review Coordinator. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: N/ A Deliverable No.1: Deliverable No.2: Deliverable No.3: D. Date for completion of all Consultant services: April 1 , 2002 9. Insurance Requirements: ( ) Statutory Worker's Compensation Insurance () Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: All applicable previous environmental documentation the Environmental Review Coordinator deems relevant to each assigned task for each proj ect. 11. Compensation: A. () Single Fixed Fee Arrangement. 9/26/01 J :\Planning\MARIL YN\MBBContractrevised.doc Page 15 8-17 For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) I. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any p"ayments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. () Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase I. $ 2. $ 3. $ 9/26/01 J:IPlanninglMARIL YN\MBBCantractrevised.dac Page 16 8-18 ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion bi the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (I) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $49,500.00 including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) () Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $49,500 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. 9/26/01 J:\Planning\MAR1L YN\MBBContractrevised.doc Page 17 8-19 Rate Schedule Category of Employee of Consultant Name Hourly Rate Project Manager Marion B. Borg $90.00 (X) Hourly rates may increase annually by 3% for services rendered after January 2002. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) None, the compensation includes all costs. Cost or Rate (X) Reports, not to exceed $ (X) Copies, not to exceed $ (X) Travel, not to exceed $ (X) Printing, not to exceed $ (X) Postage, not to exceed $ (X) Delivery, not to exceed $ ( ) Long Distance Telephone Charges, not to exceed $ (X) Other Actual Identifiable Direct Costs: not to exceed $ Cost + 15% Cost + 15% $0.32/mile Cost + 15% Cost + 15% Cost + 15% N/A Cost +15% 13. Contract Administrators: City: Marilyn R.F. Ponseggi, Environmental Review Coordinator Consultant: Marion B. Borg, Marion B. Borg Environmental Consulting 14. Liquidated Damages Rate: N/A ( ) $_perday. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( X) Not Applicable. Not an FPPC Filer. 9/26/01 J:\Planning\MARIL YN\MBBContractrevised.doc Page 1 g 8-20 ( ) FPPC Filer ( ) Category No. 1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale ofreal property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of ChuIa Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: None 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarter! y ( ) Other: B. Day of the Period for submission of Consultant's Billing: 9/26/01 J :\Planning\MARl L YN\MBBContractrevised.doc Page 19 8-21 (X) First of the Month ( ) 15th Day of each Month ( ) End ofthe Month ( ) Other: C. City's Account Number: To be assigned after agreement is processed 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services to the satisfaction of the Environmental Review Coordinator. ( ) Other: 9/26/01 J:IPlanninglMARIL YNIMBBContractrevised.doc Page 20 8-22 47T4CHtUEtV7 'L FIRST AMENDMENT to the Agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting For Environmental Consulting Services Recitals Tllis First Amendment is effective as of April 2, 2002 by and between the City Df Chula Vista ("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the following facts: WHEREAS, City and Consultant previously entered into an agreement on October 5, 2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental documents and coordination and oversee the preparation of other environmental documents ("Original Agreement"); and WHEREAS, Exhibit A, item 8D required Consultant to complete all services by April 1, 2002; and WHEREAS, Exhibit A, item 11C required Consultant to complete all services for $49,500 including all materials, and other "reimbursable" ("Maximum Compensation"); and WHEREAS, the workload has continued and professional environmental consulting services continue to be needed; and WHEREAS, Consultant is uniquely qualified due to previous work in this project area NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all Consultant Services, is hereby amended to read as follows: June 30, 2003 2. Exhibit A, item 11C (1) of the Original Agreement, entitled Compensation, IS hereby amended to read as follows: Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the defined services herein required of Consultant for $74,260 including all Materials, and other "reimbursables" ("Maximum Compensation"). 8-23 ~)U) d- -if IS 1 3. All other terms and conditions of the Original Agreement not specifically modified by this First Amendment shall remain in full force and effect. SIGNATURE PAGE TO FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING FOR ENVIRONMENTAL CONSULTING SERVICES IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista Marion B. Borg Environmental Consulting B~,6 ~ Marion B. Borg By: '~ Shirley Ho on, Mayor Dated: Dated: 0,/;~O;:;'- Approved as to form: ~1m~~ Jo . aheny, City Attome . J:\Planning\Rosemarie\Jim\Mami Contract.doc 2 8-24 ~ ?""">'i /tc; W<:?z7~ .~ "'.) .4 tT4C.1f M ENT .3 SECOND AMENDMENT To the Agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting For Environmental Consulting Services Recitals This Second Amendment is effective as of?ldIE.by and between the City of Chula Vista ("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the following facts: WHEREAS, City and Consultant previously entered into an agreement on October 5, 2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental documents and coordinate and oversee the preparation of other environmental documents ("Original Agreement"); and WHEREAS, City and Consultant previously entered into a First Amendment to the Original Agreement on April 2, 2002 to continue environmental consulting services specified in the Original Agreement; and WHEREAS, the workload has continued and professional environmental consulting services continue to be needed; and WHEREAS, Consultant is uniquely qualified due to work experience in the City ofChula Vista and experience acting as an extension of the Environmental Review Section staff on various projects; and WHEREAS, all work performed by Consultant has been performed to the satisfaction of the City's Environmental Review Coordinator; NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all Consultant Services, is hereby amended to read as follows: June 30. 2004 2. Exhibit A, item llC (1) of the Original Agreement, entitled Compensation, IS hereby amended to read as follows: Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the defined services herein required of Consultant from the date of this Second Amendment to I 'J,--iS; ~ .....-- (...::r::xo-.,.- ",,"j I . ~ June 30, 2004, for $86,000 including all Materials, and other "reimburseables" ("Maximum Compensation"). 3. All other terms and conditions of the Original Agreement and First Amendment not specificalIy modified by this Second Amendment shalI remain in full force and effect. SIGNATURE PAGE TO SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARlON B: BORG ENVIRONMENTAL CONSULTING FOR ENVIRONMENTAL CONSULTING SERVICES IN WITNESS THEREOF, City and Consultant have executed this Second Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: :~~~c2-Li( Stephen C./Padi la, Mayor Marion B. Borg Environmental Consulting BY:~~~~ Marion B. Borg . n... dcf9 Approved as to form: ~~ - Dated: f}v~ 7/" ,;)<) c?- I ~M(~ Ann e, CIty Attorney J:\Planning\MARNm\templates\contractamdmtMBB.doc sf- Z6 - 3:z.. ATT.4C#M.eAlT f TIDRD AMENDMENT To the Agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting For Environmental Consulting Services Recitals This Third Amendment is effective as of 7/1/2004 by and between the City of Chula Vista ("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the following facts: . WHEREAS, City and Consultant previoUsly entered into an agreement on October 5, 2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental documents and coordinate and oversee the preparation of other environmental documents ("Original Agreement''); and WHEREAS, City and Consultant previously entered into a First Amendment to the Original Agreement on April 2, 2002 and a Second Amendment on July 8, 2003 to continue environmental consulting services specified in the Original Agreement; and WHEREAS, the workload has continued and professional environmental consulting services continue to be needed; and WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula Vista and experience acting as an extension of the Environmental Review Section staff on various projects; and WHEREAS, all work performed by Consultant has been performed to the satisfaction of the City's Environmental Review Coordinator; NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all Consultant Services, is hereby amended to read as follows: June 30. 2005 2. Exhibit A, item llC (1) of the Original Agreement, entitled Compensation, IS hereby amended to read as follows: Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the defined services herein required of Consultant from the effective date of this Third -.,'.11 8-27 Amendment to June 30, 2005, for $86,000 including all Materials, and other "reimburseables" ('~Maximum Compensation"). 3. All other terms and conditions of the Original Agreement and First Amendment and Second Amendment not specifically modified by this Third Amendment shall remain in full force and effect. C:\Word\Word\Contrllcts\2ptyBorg Amend 3.doc 8-28 SIGNATURE PAGE TO THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARlON B. BORG ENVIRONMENTAL CONSULTING FOR ENVIRONMENTAL CONSULTING SERVICES IN WITNESS THEREOF, City and Consultant have executed this Third Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: By: Marion B. Borg Environmental Consulting BY:~I5.~ Marion B. Borg Dated: q - /if .cJt/ Dated: a_a ;AjAr- ~/~ ;2()()'! o Appr\lved as to form: u~~ f .IhJL C:\Word\Word\Contracts\2ptyBorg Amend 3.doc 8-29 RESOLUTION NO.2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS; AND APPROVING THE FOURTH AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING SERVICES RELATED TO MITIGATION MONITORING AND REPORTING, PREPARATION OF ENVIRONMENTAL DOCUMENTS AND THE COORDINATION AND OVERSIGHT OF THE PREPARATION OF ENVIRONMENTAL DOCUMENTS WHEREAS, in October 2001, the City entered into an agreement with Marion B. Borg Environmental Consulting ("Consultant") for environmental consulting services related to the California Environmental Quality Act; and WHEREAS, in April 2002, the City entered into a First Amendment with Consultant to continue environmental consulting services specified in the Original Agreement; and WHEREAS, July 2003, the City entered into a Second Amendment to the Original Agreement; and WHEREAS, September 2004, the City entered into a Third Amendment to the Original Agreement; and WHEREAS, the projects that Consultant would be assigned to are time sensitive and environmental processing delays would be detrimental to the City of Chula Vista; and WHEREAS, based upon Consultant's intimate knowledge of these projects, and satisfactory performance on numerous complex and time-sensitive projects to date, the City will receive continuity of environmental services which are materially in the City's best interests; and WHEREAS, approval of the Fourth Amendment would enable the City to meet the environmental processing demands of important projects on schedule. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Fourth Amendment to an agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting services related to mitigation monitoring and reporting, preparation of environmental documents and the coordination and oversight of the preparation of environmental documents, a copy of which shall be kept on file in the City Clerk's office. 8-30 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby waive the formal consultant selection process. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Fourth Amendment on behalf of the City of Chula Vista. Presented by Approved as to form by Jim D. Sandoval Planning & Building Director /'1\ t ~ C:\Word\Council ActionslBorg Fourth Reso.doc 8-31 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL I~i~ / Ann Moore City Attorney Dated: q /'2- oil J'- Agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting for Environmental Consulting Services 8-32 FOURTH AMENDMENT To the Agreement between the City of Chula Vista and Marion B. Borg EnviTonmental Consulting For Environmental Consulting Services Recitals This Fourth Amendment is effective as of 7/1/2005 by and between the City of Chula Vista ("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the following facts: WHEREAS, City and Consultant previously entered into an agreement on October 5, 2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental documents and coordinate and oversee the preparation of other environmental documents ("Original Agreement"); and WHEREAS, City and Consultant previously entered into a First Amendment to the Original Agreement on April 2, 2002, a Second Amendment on July 8, 2003 and a Third Amendment on September 14, 2004 to continue environmental consulting services specified in the Original Agreement; and WHEREAS, the workload has continued and professional environmental consulting services continue to be needed; and WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula Vista and experience acting as an extension of the Environmental Review Section staff on various projects; and WHEREAS, all work performed by Consultant has been performed to the satisfaction of the City's Environmental Review Coordinator; NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all Consultant Services, is hereby amended to read as follows: June 30. 2006 2. Exhibit A, item lIC (1) of the Original Agreement, entitled Compensation, is hereby amended to read as follows: Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the defined services herein required of Consultant from the effective date of this Fourth. 8-33 Amendment to June 30, 2006, for $86,000 including all Materials, and other "reimburseables" ("Maximum Compensation"). 3. Exhibit A, item llC of the Original Agreement, entitled Compensation Rate Schedule is hereby amended to read as follows: Hourly Rate $95.00 4. Exhibit A, item 12 of the Original Agreement, entitled Materials Reimbursement Arrangement, is hereby amended to read as follows: (X) Travel, not to exceed $OAO/mile 5. All other t=s and conditions of the Original Agreement and First Amendment and Second Amendment and Third Amendment not specifically modified by this Fourth Amendment shall remain in full force and effect. C:lDo<:umcnts and Scttings\MamiBILocal Scttingslrcmporary Intcm~14\2ptyBorg Amend 4.do<: SIGNATURE PAGE TO FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING FOR ENVIRONMENTAL CONSULTING SERVICES IN WITNESS THEREOF, City and Consultant have executed this Fourth Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista Marion B. Borg Environmental Consulting By: By: ../J1L~L /!J I~ Marion B. Borg Stephen C. Padilla, Mayor Dated: Dated: . --- ?-?~I d \ Approved as to form: Ann Moore, City Attorney C:\Docurnents and Settings\MamiB\Local Settings\Temporary hlterr8-Ei86=>LK.14\2ptyBorg Amend 4.doc COUNCIL AGENDA STATEMENT Item Meeting Date .Jllly 26 2005 q ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION No. Assessing Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill REVIEWED BY: Director of FinancefTreasurer ('ft... City Manager j2) (4/5ths Vote: Yes _NoLl SUBMITTED BY: In order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment be received on a more timely basis. This is the identical process approved by City Council since August 1998. RECOMMENDATION: That Council open the public hearing to consider assessing delinquent sewer service charges as recorded liens on the affected properties, consider all testimony, and adopt the resolution overruling all protests and assessing these charges as liens upon the respective owner occupied parcels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City 9-1 Page 2, Item_ Meeting Date July 28, 2005 /.:.n v~ I Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. In May 2005, City Council approved midyear liens for 147 delinquent sewer service accounts valued at $46,900 to be forwarded to the County for collection on the next regular property tax bill. Staff has currently identified 88 owner occupied accounts totaling $23,200 as being over 60 days delinquent (see attached listing). Many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid. These property owners have been notified of their delinquencies, and last month, they were notified of the public hearing and were asked to pay their delinquent sewer service charges prior to this public hearing to avoid a lien being placed on their property. Payment arrangements will be set up as needed, and staff will continue to update this list as payments are received and accounts are cleared. A final update will be given to the City Council for consideration as soon as all payments are recorded. Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. FISCAL IMPACT: By placing delinquent sewer service charges on the property owner's regular tax bill, an additional $101,000 in sewer fund revenues should be realized in FY04-05. 9-2 0 <D (!) 00 ~ a- @ @) ~ N @) (D~ ~ [)\ '" u 0; => '" '" a- ~ -0 c-i - .,;. 0 N a- t"- 0.. Cii M - - .,., 0 '2 I- 00 N '" 0 0 ;:; '" '" 0 0 N 0 0 0 .;j ~ 0 0 M 0 - 0 - "! - - - "! '" - - - N u .,;. .:; .,;. 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"'9-3'1'" '" '" "'''' "'''' '" '" M'" M '" r) () N , ~ rj, ~ v ~ \J \.) <S C><l \Xl L P 6190812500 5692510400 5725340400 6193001809 5734902600 5682632700 5722401000 56811 02500 5682630300 5722220800 5752311800 5691331400 5652611300 5710500900 5651101800 5722010100 5712610400 5702010400 5752520500 5660902200 5660202200 5650901500 5681630401 5733810700 5742311100 5662310801 5690600200 5721620300 5755000100 5671023500 5735210800 6395601000 5652700100 5751910800 5692410100 5683531400 5730820600 5722602300 6392220100 , 5754330300 I 6232720800 5693731600 5693520900 1/-:>-..../0:; c " ~ \ . /",\ \ " SEWER LIENS/PUBLIC HEARlNG mL Y 26,2005 496.24 397.30 240.23 241.49 276.41 290.43 228.00 384.21 39236 295.10 455.98 354.61 182.18 513.22 15433 390.12 516.25 397.30 241.34 611.12 29638 71135 1 20533 i 320.96 I 180.65 210.58 460.31 166.55 I 424.99 , 199.98 477.77 I 392.44 i 182.70 : 476.37 \ 320.96 i 488.70 i 676.57 187.05 1 551.87 ! 25633 418.98 206.25 397.30 ... 5732501500 5742611200 5710630400 6202513300 5735001200 5663004600 6395920800 5650401700 5671020200 i 6232502500 . 6203203000 6390104900 I 6200440400 6392720100 6202240600 5710610600 5712710900 5712910500 6394110300 6201930900 6200430900 5692630400 6201702100 6394141000 5755202500 6193502200 6200212300 6200221100 6202621600 6200731400 6193425700 5742610400 5672310700 5734820300 5741020700 5730731700 5684104500 5672120700 5673730800 5730630400 5740600400 5712630400 5711821400 320.96 414.16 684.04 310.36 263.63 1,954.79 238.63 237.12 316.35 10,764.87 232.40 238.23 471.90 374.04 428.16 192.55 359.19 215.94 324.59 469.57 452.24 219.03 330.39 319.81 250.18 297.15 467.31 173.D7 190.75 242.87 309.34 750.26 209.39 553.16 206.37 320.96 389.30 557.85 583.96 246.88 320.96 224.38 209.59 ~& e .$ ql CZ-cY657 I RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THENEXTREGULARTAXB~L WHEREAS, the City ofChula Vista (the "City") has identified numerous properties within the City that have received sewer service but are over 90-days delinquent in paying for this service; and WHEREAS, Chula Vista Municipal Code Section 8.24 allows delinquent sewer service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, the City has prepared a list identifying the properties for which sewer service payments are delinquent and a copy of that list is on file and has been provided and approved by the City Council; and WHEREAS, adoption of this resolution will enhance the collection process for delinquent sewer service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a more timely basis; and WHEREAS, Section 8.24 authorizes the City Council to hold a public hearing to consider the delinquency of sewer service accounts, together with any objections or protests by interested persons; and WHEREAS, the City Council held such a public hearing on July 26,2005, and the affected property owners were properly notified of the hearing; and WHEREAS, after holding that public hearing, the City Council approved the list of delinquent sewer service accounts on file with the City Clerk and determined that these charges should be forwarded to the County, assessed as liens on the respective owner-occupied parcels of land and ultimately placed on the next regular tax bill for collection. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista overrules all protests and assesses the delinquent sewer service charges as liens upon the respective parcels of/and. Presented by Approved as to form by 2. r /JZ-r. 'i7 , hYl.. :1 ~ ~ Moore City Attorney Maria Kachadoorian Director of Finance J:I.ttorneylresolsewerldeliq sewer srve ehgs 2005 7 26 05 9-32 COUNCIL AGENDA STATEMENT r Item V Meeting Date July 26, 2005 ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Solid Waste Service Charges as Liens Upon the Respective Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection REVIEWED BY: RESOLUTION No. Assessing Delinquent Solid Waste Service Charges as Liens Upon the Respective Parcels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill Director of Financerrreasurer (N-- City ManageP (4/5ths Vote: Yes _NoL) SUBMITTED BY: In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change of ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a more timely basis. This is the identical process approved by City Council on a regular basis since mid- 2001. RECOMMENDATION: That Council open the public hearing to consider assessing delinquent solid waste service charges as liens on the affected properties, consider all testimony, and adopt the resolution overruling all protests and assessing these charges as liens upon the respective parcels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: In November 1998, City Council amended Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment. To ensure that all residents pay their fair share of the costs of this program, the ordinance allows delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as 10-1 )"'\ Page 2, Item_ ' v Meeting Date Jllly 26, 2005 submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Pacific Waste Services less the City's Franchise Fees, AB939 fees and late charges. In April 2005, City Council approved 393 delinquent accounts valued at $56,300 to be placed on the property tax bills for collection. Since then, Pacific Waste Services has identified and submitted an additional 443 delinquent accounts valued at over $54,000 to the city for collection. Through the City's preliminary collection efforts, 195 accounts have been resolved, and the remaining. 248 accounts valued at $31,300 are now being submitted (see attached listing). The account status and property ownership on these accounts have been verified by both Pacific Waste and City staff. Many of these delinquent accounts have gone through the lien process before as they continue to remain unpaid. These property owners were notified of their delinquencies through a series of past due notices sent by Pacific Waste until they were ultimately submitted to the City for collection. City staff also sent out a past due letter, and last month, these property owners were notified of the public hearing and were asked to pay their delinquent solid waste service charges prior to the hearing date to avoid a lien being placed on their property. City staff has been working with Pacific Waste to resolve any customer disputes as they arise and payment arrangements have been set up as needed. Staff will continue to update this list as payments are received and accounts are cleared. A final update will be given to the City Council for consideration as soon as all payments are recorded. Staff is recommending that the City Council approve the final list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. FISCAL IMPACT: By using the property tax bill as the ultimate collection method for delinquent solid waste service charges, over $279,000 will be collected in FY 04-05. These funds are forwarded to Pacific Waste Services less the city's Franchise Fees, AB939 fees and late charges. The city should realize approximately $22,000 in Franchise Fees, $5,500 in AB939 fees, and $15,000 in late charges for FY04-05. 10-2 July 13, 2005 Account Site Address 3963 5990 6325 10038 11550 14535 15414 16321 16571 17313 20596 22499 22685 22862 23239 25519 25883 26055 28193 28932 29449 29811 30603 32588 32887 35802 36136 36765 47595 47629 47945 48046 54062 57327 58198 58853 ~{f? = ~--~ ---.c~~ - ~~ ellY OF CHULA VISfA Finllnce DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent ParcelNo Owner Nam Balance Due $133.94 $101.40 $125.70 $115.93 $170.44 $109.90 $136.23 $125.71 $141.45 $86.30 $163.84 $125.71 $63.58 $109.90 $114.62 $141.45 $109.91 $115.94 $125.04 $109.90 $129.78 $109.90 $212.00 $136.29 $130.20 $109.91 $120.19 $109.91 $131.74 $131.73 $109.90 $109.54 $115.94 $273.51 $109.90 $89.34 PaQe 1 of 7 10-3 July 13, 2005 Account Site Address 59034 59789 61178 65694 65937 69180 70397 72670 74546 75017 75114 77704 78337 79112 79844 81945 82072 83455 84235 84841 88054 87113 88259 89649 90165 90715, 92677 92756 92807 92816 92867 93083 93207 93717 94041 94784 ~V~ ~ ~...-::="""C"~ ~-~~ ellY OF CHUlA VISfA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent ParcelNo Owner Nam Balance Due $109.90 $109.91 $115.93 $141.D7 $131.73 $115.94 $130.20 $183.58 $115.94 $95.38 $124.94 $125.71 $109.90 $112.02 $183.58 $134.02 $160.65 $125.41 $115.93 $141.45 $109.90 $109.91 $109.90 $109.90 $115.94 $125.70 $109.91 $115.94 $139.72 $109,90 $136.23 $135.36 $123.81 $109.90 $199.82 $109.90 PaQe 2 of 7 10-4 July 13, 2005 Account Site Address 94796 95487 96271 96555 97803 98086 98983 100050 100718 100752 101272 101356 102552 103002 103529 104186 104305 105503 105705 106752 107335 107770 110767 111696 114079' 116944 117374 117768 119224 119339 119511 119859 120608 121006 121105 121358 ~{f? ~ ~~-::~ -~~~ CllY OF CHUlA VISTA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent Parcel No Owner Nam Balance Due $109.90 $157.24 $109.90 $109.90 $109.90 $131.73 $109.90 $109.90 $124.32 $125.71 $109.90 $125.70 $109.90 $109.91 $131.73 $150.17 $109.90 $109.91 $281.29 $112.10 $109.91 $109.91 $125.71 $115.93 $115.93 $125.70 $109.90 $109.90 $125.70 $50.00 $109.90 $109.90 $109.91 $109.90 $109.91 $112.69 Paoe 3 of 7 10-5 July 13, 2005 Account Site Address 121676 121691 123012 123328 124370 124917 125326 125464 127012 127328 127475 127491 128808 129342 129855 129930 130918 131339 132351 132410 132869 132896 134265 134622 135541 136001 136522 136526 136570 136627 136629 136633 136965 137686 137839 138212 ~V?- ~ ~~~~ - ~~~ ellY OF CHULA VISTA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent ParcelNo Owner Nam Balance Due $109.91 $130.21 $157.24 $109.90 $182.33 $141.17 $276.14 $109.90 $127.30 $109.90 $157.24 $109.91 $125.71 $109.91 $109.91 $89.34 $59.99 $109.90 $130.20 $115.94 $135.86 $131.74 $98.72 $157.25 $115.23 $109.90 $109.91 $109.91 $133.44 $157.24 $187.39 $115.94 $109.91 $125.71 $109.90 $131.73 Paqe 4 of 7 10-6 July 13, 2005 Account Site Address 140476 141885 141921 142709 142789 143104 143130 143218 143543 143562 143977 144906 145919 147389 149238 149345 149754 149865 150203 150243 150919 151322 152186 153553 154032 155489 155790 155853 156394 156759 157301 159636 159683 160228 160603 160924 ~~f? ~ ~ -- = CllY OF CHUlA VISfA Finance Deoartment Collections Unit Accounts With Notice Of Public Hearing Sent Parcel No Owner Nam Balance Due $131.73 $109.90 $130.21 $132.72 $125.71 $125.71 $125.71 $125.71 $131.73 $125.71 $89.35 $97.26 $160.75 $131.73 $167.24 $111.41 $130.20 $143.10 $131.74 $112.69 $109.91 $80.53 $125.71 $109.91 $131.74 $109.91 $109.91 $50.46 $240.47 $109.91 $102.79 $231.41 $129.91 $157.24 $222.81 $180.53 PaQe 5 of 7 10-7 ~V~ ~ '~.....:i:""';:-:: ~- -- em OF CHUlA VISfA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent July 13, 2005 Account Site Address 161147 161154 161640. 161852 161870 162056 162165 162292 162704 162785 162878 4131 12301 19006 25222 26439 32018 32207 61394 83210 86444 87321 94241 94998 98399 104001 111895 . 113301 122556 123259 125111 126629 132658 133650 134221 134924 ParcelNo Owner Nam Paoe 6 of 7 10-8 Balance Due $140.88 $160.09 $134.21 $123.35 $121.82 $187.39 $119.85 $200.20 $122.85 $151.12 $105.40 $112.62 $68.90 $84.12 $109.88 $89.35 $108.99 $128.79 $129.84 $130.48 $115.94 $109.91 $109.91 $86.53 $115.94 $109.91 $119.45 $109.91 $125.71 $228.04 $132.02 $109.91 $48.26 $125.71 $109.91 $109.91 ~V?- ~ - - -- - - ~- C/1Y OF CHUlA VISfA Finance DeDartment Collections Unit Accounts With Notice Of Public Hearing Sent July 13, 2005 Account Site Address Parcel No Owner Nam Balance Due 135735 $140.08 140510 $115.94 144856 $125.71 147256 $124.34 147487 $109.91 148142 $144.67 148949 $96.36 153665 $109.91 159360 $95.51 159754 $125.71 160077 $69.35 160116 $129.91 161027 $109.91 162120 $109.91 162781 $134.63 162696 $145.65 162934 $192.83 162978 $140.17 162992 $143.16 163112 $142.16 163132 $140.17 163170 $176.64 163260 $174.11 163425 $100.17 16342\ $137.96 163662 $115.94 163691 $199.23 16364, $157.96 16409: $169.35 16421: $51.49 164371 $111.93 164581 $120.88 No Of Accounts 248 Total Due: $31,359.67 Paoe 7 of 7 10-9 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, the City ofChula Vista (the "City") has identified numerous properties within the City that have received solid waste service but are over 90-days delinquent in paying for this service; and WHEREAS, Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, the City has prepared a list identifying the properties for which solid waste service payments are delinquent and a copy of that list is on file and has been provided and approved by the City Council; and WHEREAS, adoption of this resolution will enhance the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a more timely basis; and WHEREAS, Section 8.24 authorizes the City Council to hold a public hearing to consider the delinquency of solid waste service accounts, together with any objections or protests by interested persons; and WHEREAS, the City Council held such a public hearing on July 26,2005, and the affected property owners were properly notified of the hearing; and WHEREAS, after holding that public hearing, the City Council approved the list of delinquent solid waste service accounts on file with the City Clerk and determined that these charges should be forwarded to the County, assessed as liens on the respective owner-occupied parcels of land and ultimately placed on the next regular tax bill for collection. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista overrules all protests and assesses the delinquent solid waste service charges as liens upon the respective parcels ofland. Presented by Approved as to form by . ~A/)~~ AnnM e City Attorney Maria Kachadoorian Director of Finance J:\attorneylresolsewerldeliq solid waste srve eJigs 2005 72605 10-10 COUNCIL AGENDA STATEMENT Item /1 Meeting Date 07/26/05 ITEM TITLE: Public Hearing to consider the adoption of an Ordinance amending Ordinance No. 2898 relating to the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village II. Resolution Accepting a report prepared by Development Planning & Financing Group recommending the update of the existing Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village II. Ordinance Pedestrian Bridge Ranch Village 11. amending Ordinance No. 2898 relating to the Development Impact Fee Program for Otay SUBMITTED BY: City Engineer 6~ ..---., REVIEWED BY: City Manager A:-P (4/S'h'Vote: Yes_No.JL) The City Council established the original Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11 (Ped Bridge DlF) on February 18, 2003 by Ordinance No. 2898. The original Ped Bridge DlF was created to finance half of the construction cost of two Pedestrian Over-Crossings (pOC) for the Otay Ranch Village 11 (Winding Walk): the Hunte Parkway POC and the Eastlake Parkway POCo The remaining cost of the Pedestrian Over-Crossings will be funded by the adjacent projects as a condition of development. Tonight, Council will consider the adoption of an update to the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11 to account for construction costs increases of the pedestrian facilities. The fee, payable at issuance of a building permit, will increase from $827 to $1,728 per equivalent dwelling unit (EDU). This will be the first adjustment of the fee since its inception in February 18, 2003. The public hearing has been duly noticed. RECOMMENDATION: That Council: 1. Conduct the Public Hearing. 2. Approve the Resolution accepting the report prepared by Development Planning and Financing Group (Ped Bridge Report). 3. Adopt the Ordinance amending Ordinance No. 2898 relating to the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village (first reading). 11-1 Page 2, Item II Meeting Date 07/26/05 BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: Otay Ranch Village 11 is located at the eastern edge of the Otay Valley Parcel, south of Olympic Parkway, west of Hunte Parkway and the Salt Creek open space corridor, east of Eastlake Parkway and northwest of the future University site (Villages Nine and Ten, see Exhibit 1). The Otay Ranch Village 11 tentative map conditions of development required the establishment of a Development Impact Fee, or other funding mechanism, to fund Village 11 ' s share of the two pedestrian bridges serving Village 11. One bridge crosses Hunte Parkway, connecting Village 11 to the future University site and the second bridge crosses Eastlake Parkway, connecting Village 11 to the Eastern Urban Center (see Exhibit 1). Village II's share of these two bridges is 50% as approved by Council on February 18, 2003, with Ordinance No. 2898. Developers of the Eastern Urban Center and the future university site will address the balance of the funding during the entitlement process for each project. Area of Benefit The Area of Benefit for the updated Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11 is generally described as the area surrounded by Olympic Parkway, Hunte Parkway and Eastlake Parkway (see Exhibit 2). The area of benefit remains unchanged as outlined by Ordinance No. 2898. Pedestrian Bridge Report The "Pedestrian Bridge Development Impact Fee Report for Dtay Ranch Village I I" (see Exhibit 3), dated May 26, 2005, was prepared by Development Planning & Financing Group at the request of Brookfield Shea Otay, LLC. The intent of this report is to determine an appropriate pedestrian bridge development impact fee based on the updated cost of the two pedestrian bridges, the area of benefit, the type of land-use and its corresponding benefit. City staff concurs with the findings of the report. The report contains the revised total cost estimate for the Eastlake Parkway and Hunte Parkway pedestrian bridges: $1,923,704 and $3,379,974 respectively. The fee, payable at issuance of a building permit, will be $1,728 per single-family detached (SFD) dwelling unit and $1,281 per multiple-family (MF) dwelling. This represents a 109% increase in the fee from the original $827 SFD, $614 MF rates, established on February 18,2003. The fee increase was due to increased concrete and steel prices as well as fewer units remaining to spread the cost over. The report also outlines in greater detail the methodology used to develop the Pedestrian Bridge Development Impact Fee. In short, the fee is based on people per household factors similar to the parkland dedication as used in Municipal Code 17.1 0 where households with larger numbers of people per household inure greater benefit than 11-2 Page 3, Item ! I Meeting Date 07/26/05 smaller households. The people per household factors used for the Pedestrian Bridge Development Impact Fee are 3.52 for single-family detached dwellings and 2.61 for multifamily dwelling units. The methodology has not changed with this amendment. Pedestrian Bridges and Village Connectivity The Otay Ranch Village Eleven Sectional Planning Area ("SPA") Plan-Parks, Recreation, Open Space, and Trails Master Plan has been designed, in part, to promote the pedestrian and bicycle trials as alternatives to using an automobile to access the village core, neighboring SPA's, which will serve as the co=ercial hub for Village 11 and the Otay Valley Regional Park. Pedestrian trails have also been designed to provide access to schools, parks, residential neighborhoods, and open space within villages, as well as between SPA's. The Eastlake Parkway and the Hunte Parkway Pedestrian Bridges are an integral part of the pedestrian trail system. The Eastlake Parkway Bridge will cross Eastlake Parkway, just north of Hunte Parkway and will connect the pedestrian trail system within the Eastern Urban Center to the pedestrian trail system within Village 11. The Hunte Parkway Bridge will cross Hunte Parkway about equal distance between Eastlake Parkway and the San Diego Gas & Electric (SDG&E) and San Diego County Water Authority Easement. This bridge will connect the pedestrian trail system in Village 11 to a planned pedestrian trail system in Village 10 (University Village). Land within Village 11 will benefit from the installation of these bridges primarily due to: (1) the location and proximity to the bridge, and (2) the ease of access to the bridge based on the trail configuration. Annual Fee Adjustment Tonight's action also includes a provision in the ordinance whereby future construction cost increases are to be automatically adjusted using the Engineering News Record (ENR)'s Construction Cost Index. The annual average changes in labor and materials costs as computed by this index reflect industry standards, and are appropriate for the calculation construction cost changes. The proposed automatic annual update of the fee is identical to the methodology applied to other development related fees and PAD fees within the City such that all automatic fee increases from July to July will be effective the first of October 1 of each year. This mechanism will ensure the collection of sufficient funds to construct the facilities while minimizing the expense to the City associated with the preparation of a Master Fee Schedule update. Meetings with the Master Developers Staff has had meetings with Brookfield Shea Otay, LLC to discuss the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11. The Developer does not object to the proposed Pedestrian DIF adjustment. Environmental Review The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA 11-3 Page 4, Item I ( Meeting Date 07/26/05 Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review will be required prior to the approval of final design plans and the awarding of construction contracts for facilities funded through Pedestrian Bridge Development Impact Fee. FISCAL IMPACT: The Ped Bridge Development Impact Fee, including all of the City's Development Impact Fees, is maintained separately from the general fund. The developers have paid for all costs related to update including the preparation of the Report. The fair-share maintenance costs associated with all Otay Ranch pedestrian bridges are funded by the Community Facilities Districts in which they are located. Exhibits: 1. Pedestrian Bridge Facility Map 2. Area of Benefit 3. Pedestrian Bridge DIF Report 4. Strikeout ordinance amending Ordinance No. 2898 J:\Engineer\LANDDEV\Projects\Otay Ranch Village ll\ped bridge update\A113 OR VII Ped Bridge DIF v2.doc Last Updated: 07/14120053:00 PM 11-4 EXHIBIT 1 PEDESTERIAN BRID(;E DEVELOPMENT IMPACT FEE REPORT MAP OF PEDESTERIAN BRIDGE LOCA TrONS <2l!EIt 01'!N sPM:l! """'" llO>\a 1IlIbpa..,. .... .---...--- .... ----- _1>;ois ......... ~I'rinrwt ~oooo..WbpO'~__ 'I Villtp.c.mSaIlld ------ --- vm.p~Sfm( 1IlIbp~ ~ IC~CI 0adL~~ Q) --- P _ M/__ .. E!!!ll CpIa_ = = "--~ l'<Irb, ilI<roolloII, Opoa Spae &. nd& PIq EXHIBIT 2 Pedesterian Bridge Development Impact Fee Report Area of Benefit Jf[t-v..rw. -.:r CllIIl!ll - - -_. ~ ....- ....... c:etl>;lt -.. CD ...- EXHIBIT 3 CITY OF CHULA VISTA PEDESTRIAN BRIDGE DEVELOPJ\.1ENT I1\1PACT FEE REPORT FOR OT A Y RANCH VILLAGE 11 MAY 26, 2005 Prepared by: . Development Planning & Financing Group 27127 Calle Arroyo, Suite 1910 San Juan Capistrano, CA 92675 11-7 CITY OF CHULA VISTA PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT INDEX DESCRIPTION PAGE 1. Background and Purpose of Report 2 2. Description of Pedestrian Bridges and Cost Estimates 3 3. Area of Benefit 4 4. Development within the Area of Benefit 5 5. Pedestrian Bridge Development Impact Fee Methodology 6 6. Implementation of Pedestrian Bridge Development Impact Fee 7 Map of Pedestrian Bridge Locations Area of Benefit Exhibit 1 Exhibit 2 Summary of Pedestrian Bridge Development Impact Fee Pedestrian Bridge Planning Study (Simon Wong Engineering, dated June 20, 2002) Exhibit 3 Exhibit 4 Pedestrian Bridge Development Impact Fee Ordinance Exhibit 5 Village II May 26, 2005 Pedestrian Bridge Development Impact Fee Report Pagel 11-8 1. Background and Purpose of Report The Pedestrian Bridge Development Impact Fee Report ("Report") is being updated at the request of Brookfield Shea Otay, LLC ("Brookfield Shea"). In connection with developing residential and non-residential property in Village 11, the Brookfield Shea area is currently conditioned through the mapping process to construct portions of two pedestrian bridges. The enactment of a pedestrian bridge development impact fee has been determined to be the appropriate method of securing the funding for the bridges. Fees have already been collected from 1,046 units which have been issued a building permit within neighborhoods R-l though R-lO. It is the City's intent that the cost of the two pedestrian bridges be shared among the various beneficiaries of such bridges. The purpose of the Report is to determine an appropriate pedestrian bridge development impact fee based on the cost of the two pedestrian bridges, the area of benefit, the type of land use and its corresponding benefit. The two bridges described in this Report are considered an additional facility need of the City arising as a result of new development. Gove=ent Code Section 66000 requires that a City establish a reasonable relationship or "nexus" between a development project or class of development projects, and the public improvements for which a development impact fee is charged. To meet the requirements of Gove=ent Code 66000, the Report must demonstrate compliance with the following items: D Identify the purpose of the fee; D Identify the use to which the fee will be put; D Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed (i.e., a "type" nexus); and D Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed (i.e., a "burden" nexus). In addition, when a city imposes a fee as a condition of development approval, it must determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of that facility attributable to the development on which the fee is imposed. Gove=ent Code Section 66000 also requires that a public agency segregate and account for the fees received separate from the general fund. Additionally, if a public agency has had possession of a developer fee for five years or more and has not committed or expended the funds for a public facility, then the public agency must make Village!! May 26, 2005 Pedestrian Bridge Development Impact Fee Report Page 2 11-9 a finding describing the continuing need for the fees each fiscal year after the five year period has expired. 2. Description of Pedestrian Bridges and Cost Estimates The two pedestrian bridges included within this Report are described as follows: (i) Hunte Parkway, and (ii) Eastlake Parkway. The location of each bridge is depicted on the map attached to this Report as Exhibit L Also, included on the map in Exhibit 1 is the Village 11 pathway system and its linkage with the pedestrian bridges described in this Report. A summary of the total estimated cost of constructing each bridge, including soft cost are summarized as follows: Hunte Pky EastIake Pky. Brid2e Brid". Hard Cost. Construction Cost $ 1,921,464 $ 1,093,971 Contingency @ 25% 480366 273.448 Total Hard Cost 2.401.830 1.367238 Soft Cost: Design Cost @ 15% 360,274 205,086 Construction & Special Inspection Cost @ 15% 360,274 205,086 Project Admin. (Audit) @ 2% 48,037 27,345 Program Administration @ 5% 120,091 68,362 Contingency @ 10% 88.686 50.588 Total Soft Cost 977.544 556.466 Total Hard & Soft Cost ~" "79 974 ~1 921704 The hard construction cost estimate for each bridge was updated as of April 18, 2005 by Simon Wong Engineering, and the details of such estimate are described in Exhibit 4. The two bridges will be constructed using cast-in-place reinforced concrete. Aesthetic features include columns and abutments with simulated stone fascia, rectangu1ar columns with a 2-way taper, walkway accent lighting and concrete stain on exposed concrete surfaces. The Hunte Parkway Bridge is planned to be 12 feet wide with a 10 foot wide walkway, a total vertical clearance of 18 feet 6 inches, and 556 feet in length. The East1ake Parkway Bridge is planned to be 12 feet wide with a 10 foot wide walkway, a total vertical clearance of 18 feet 6 inches, and 295 feet in length. A hard cost contingency factor of 25% has been applied to both the Hunte Parkway Bridge and the Eastlake Parkway Bridge. The design cost includes the cost of preparing design-related plans, including the cost associated with checking and reviewing such plans. The construction and special inspection cost includes the City inspection cost and the cost of retaining an outside firm with special experience in bridge inspections. The project administration cost includes the City's cost associated with verifying and auditing bridge expenditures and related documentation. The program administration cost includes the City's cost associated with monitoring and updating this fee program including, but not limited to, tracking building permits and changes in land use, collecting the fee, and revising cost estimates to ensure the adequacy of this fee program. Village 11 May 26, 200S Pedestrian Bridge Development Impact Fee Report Page 3 11-10 3. Area of Benefit The Otay Ranch Village Eleven Sectional Planning Area ("SPA") Plan - Parks, Recreation, Open Space, and Trails Master Plan has been designed, in part, to promote the pedestrian and bicycle trials as altematives to using an automobile to access the village core, neighboring SPA's, which will serve as the commercial hub for Village 11 and the Otay Valley Regional Park. A map depicting the General Development Plan land uses of Village 11 is enclosed in Exhibit 2. Pedestrian trails have also been designed to provide access to schools, parks, residential neighborhoods, and open space within villages, as well as between SPA's. The pedestrian bridges described in this Report are an integral part of the pedestrian trail system for the system to operate as designed. The Eastlake Parkway Bridge crosses Eastlake Parkway between Olympic Parkway and Hunte Parkway near the intersection of Birch Road and serves to connect the existing pedestrian trail system within Freeway CommerciallEaster Urban Center to the planned pedestrian trail system within Village 11. Land within Village 11 will benefit from the installation of this bridge primarily due to: (i) its location and proximity to the bridge, and (ii) its ease of access to the bridge based on the trail configuration. One half of the Eastlake Parkway Bridge cost will be included in a future pedestrian bridge development impact fee program prepared for the Freeway CommercialJEastern Urban Center. The Hunte Parkway Bridge crosses Hunte Parkway about equal distance between Eastlake Parkway and the SDG&E and San Diego County Water Authority Easement. This bridge serves to connect the pedestrian trail system in Village 11 to the planned pedestrian trail system in Village 10 (University Village). Land within Villages 11 and 10 will benefit from the installation of this bridge primarily due to: (i) its location and proximity to the bridge, and (ii) its ease of access to the bridge based on the trail configuration. It is anticipated that one-half of the Hunte Parkway Bridge cost will be included in a future pedestrian bridge development impact fee program to be prepared for Village 10 prior to developing this area. A summary of the two pedestrian bridges and the three areas of benefit ("AOB") based on the discussion above are as follows. Hunte Parkway Eastlake Pky. Bridl!e Bridl!e Villal!e 11 AOB AOB Villlll!:e 10 AOB(a) Freeway AOB(a) CommercialJEastern Urban Center (al This Village will be included in a future pedestrian bridge impact fee program to fund Y, of the cost of the applicable bridge. Village II May 26, 2005 Pedestrian Bridge Development Impact Fcc Report Page 4 11-11 4. Development within the Area of Benefit The properties within the AOB described in this Report are in various stages of the entitlement process. Property within the AOB has development approvals ranging from General Plan Designation to a Tentative Map. An "A" Map allows the transfer of ownership of individual neighborhood areas. A "B" Map functions as a final map and allows property owners to obtain building permits and create individual lots. The current entitlement status and land use for property within the AOB by Village, is as follows: Brookfield/Shea Otay LLC: ~ Villa!te II: This area consists of approximately 2,304 residential units, 4.4 acres of co=unity purpose facility, 2.9 acres of mixed use and 7.7 acres of parks. A portion of this area has approved "B" Maps which function as a final map, obtained building permits, paid their respective bridge fees and closed units to individual home buyers. The remaining portion of Village II is at various stages of entitlement status and consists of 1,258 residential units, which will pay their fees upon building permits issuance. The approved tentative tract map land uses for Village 11 for residential dwelling units and non-residential acres are described in greater detail in Exhibit 3. The land use assumptions in Exhibit 3 will serve as the basis for allocating the benefit of the two pedestrian bridges and determining the pedestrian bridge development impact fee in this Report. The residential land uses within Village II will have different degrees of benefit from the installation of the two pedestrian bridges. Residential units containing larger square footage will typically hold more people per household than the residential units containing smaller square footage. As such, residential units with a larger number of people per household will inure greater benefit from using the pedestrian trail system and its two bridges than residential units with a smaller number of people per household. The City utilizes people per household factors ("PPHF") in determining the amount of parkland dedication required by new development projects pursuant to City Ordinance, Chapter 17.10. The PPHF used in Chapter 17.10 can serve as a reasonable method of allocating the bridge benefit to different residential uses. Chapter 17.10.040 applies PPHF to the following residential uses: . 3.52 2.61 er household er household For purposes of clarification and the ease of program administration, we have developed the following definitions for the above mentioned residential land use categories: "SFD" means a single residential unit on a single assessor's parcel in within a tract with a density ofless than or equal to 8 residential units per acre. Village II May 26, 2005 Pedeatrian Bridge Development Impact Fee Report Page 5 11-12 "MF" means any residential unit within a tract with a density greater than 8 residential units per acre. For purposes of allocating the bridge benefit to different types of residential uses, the PPHF's described in the preceding table were used in this Report. Brookfield Shea has provided, as noted in Exhibit 3, the estimated residential product types anticipated to be developed for each planning area. The non-residential property consisting of mixed use, co=unity purpose facility, schools, and parks is considered to inure insignificant benefit from the installation of the two bridges. A small number of employees related to the mixed use and co=unity purpose facility uses may utilize the pedestrian trail system and its two bridges for fitness and recreation purposes during and after work hours, however the degree of this use and benefit inured to these types of properties is considered immaterial and insignificant. The school and park uses are designed to serve and acco=odate the residential users in the villages. These land uses do not generate pedestrian trail users, instead their purpose is to serve or acco=odate the residential users in the villages. As such, mixed use, co=unity purpose facility, school and park uses within Village 11 are considered exempt from the pedestrian bridge fee obligation described in this Report. 5. Pedestrian Bridge Development Impact Fee Methodology The Steps or methodology used to develop the pedestrian bridge development impact fee applicable to residential units within Village 11 is as follows: Step 1: Determine the total construction cost estimate for each of the two bridges. Step 2: Multiply the total construction cost estimate of the Eastlake Parkway Bridge from Step 1 by 50% to account for costs allocable to Freeway Co=ercial and Eastern Urban Center in connection with an existing development impact fee program. Multiply the total construction cost estimate of the Hunte Parkway Bridge from Step 1 by 50% to account for costs allocable to Village lOin connection with a future development impact fee program. ~: Subtract from the total construction cost estimate in Step 1 the cost estimate in Step 2 to determine the net bridge cost estimate allocable to Village 11. Step 4: For each bridge and corresponding AOB, determine the total number of people per planning area by multiplying the actual and/or planned residential units within the planning area by the applicable PPHF. Step 5: For each bridge and corresponding AOB, determine the total number of people within the AOB by SlImming the results of each planning area from Step 4. ~: For each bridge and corresponding AOB, determine the bridge cost allocable to a planning area by multiplying the applicable bridge cost in Step 3 by the fraction Pedestrian Bridge Development Impact Fee Report Page 6 Village II May 26, 2005 11-13 obtained by dividing the total number of people per planning area as determined in Step 4 by the total number of people within the AOB as determined in Step 5. ~: For each bridge and corresponding AOB, determine the applicable bridge cost per residential unit by dividing the bridge cost allocable to the planning area as determined in Step 6 by the actual and/or planned residential units within each planning area. ~: For each bridge and corresponding AOB, determine the combined cost of all bridges per residential unit by aggregating the results of Step 7 for all bridges and related AOB. Exhibit 3 outlines on a detailed basis the methodology used to calculate the pedestrian bridge development impact fee applicable to residential units within Village 11. 6. Implementation of Pedestrian Bridge Development Impact Fee The City Council may periodically review the adequacy of the pedestrian bridge development impact fee established in this Report and the attached Ordinance. The City Council, by resolution, may adjust the amount of this pedestrian bridge development impact fee, as necessary, to reflect changes in: (i) the Engineering News Record Construction Cost Index, (ii) the cost of the two pedestrian bridges, and (ill) the land use assumptions used in this Report. The pedestrian bridge development impact fee is required to be paid upon the issuance of a building permit. A developer may request authorization from the City to construct one or more of the pedestrian bridges. Upon application by a developer to construct a pedestrian bridge, an agreement shall be prepared for City Council action which contains at least the following information and requirements: a) A detailed description of the project, including a preliminary cost estimate; b) The developer shall: (i) prepare plans and specifications for approval by the City, (ii) secure and dedicate any right-of-way required for the project, (ill) secure all required permits, environmental clearances necessary for the construction of the project, (iv) provide performance bonds, and (v) pay all City fees and costs; c) The developer shall advance all necessary funds to construct the project. The City will not be responsible for any construction costs beyond those agreed to in advance by the City; d) The developer shall secure at least three (3) qualified bids for the construction. Any extra work charges during construction shall be justified and documented; Village 11 May 26, 2005 Pedestrian Bridge Development Impact Fee Report Page 7 11-14 e) When all work has been completed to the satisfaction of the City, the developer shall submit verification to the City of payments made for the construction. The City Manager shall make the fin.al determination on expenditures eligible for credit or cash reimbursement; f) The City shall inspect all construction and verify quantities, in accordance with the City and state code, to ensure the fin.al improvement complies with all applicable standards and is constructed to the satisfaction of the City Engineer; g) The developer will receive a credit against the required development impact fees during the issuance of building permits for the proposed development. If the total construction cost amounts to more than the total required development impact fees, the developer will be paid the excess cash when funds are available as determined by the City Manager. The ordinance attached herein as Exhibit 5 addresses, among other things, the developer construction of the pedestrian bridge(s), the pedestrian bridge development impact fee, the procedure for waiver or reduction of the development impact fee, and exemptions. With the adoption of the pedestrian bridge development impact fee, the following development impact fees identified in Exhibit 5 would apply. Village 11 May 26, 2005 Pedestrian Bridge Development Impact Fcc Report Page 8 11-15 EXHIBIT 1 11-16 PEDESTERIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT MAP OF PEDESTERIAN BRIDGE LOCATIONS ..... - CIUK ~ RACI "......, - -------- '-: CD ----- -,... . . . . . . . ..........., ..o..o.~a-~__ . ,. Villtltc.._ ----- --- .......-- ......- --- , - _,_...... 01 _ ...... = = ".,..,....... I'tI1aI, - ''1M. 0,........... ........... __~u.c 11-17 EXHIBIT 2 11-18 Pedestrian Bridge Development Impact Fee Report Area of Benefit hilI."'" Ml' - - - -- -: .- - - Ir CD 11-19 EXHIBIT 3 11-20 EXHIBIT 3 SUMMARY OF PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PER UNIT Date: 5/26/05 11-21 EXHIBIT 3 CALCULATION OF PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE HUNTE PARKWAY BRIDGE Unissued Total Building Persons No. of Permits per Persons per Cost per Planning Product as of Household Household Planning Cost per Area Type Density Unijs Acres 5/11/05 Factor (1)' (2) Area Unit (1) (2) Village Eleven: R-1 SFD 8.4 163 19.4 0 3.52 0.00 $0 $0 R-2 SFD 4.4 47 10.6 0 3.52 0.00 0 0 R-3 SFD 4.1 46 11.1 0 3.52 0.00 0 0 R-4 SFD 5.6 56 9.8 0 3.52 0.00 0 0 R-5 SFD 6.0 34 5.7 0 3.52 0.00 0 0 R-6 SFD 6.1 38 6.2 0 3.52 0.00 0 0 R-7 SFD 7.8 67 8.6 0 3.52 0.00 0 0 R-8 SFD 7.1 58 8.2 0 3.52 0.00 0 0 R-9 SFD 7.0 60 8.6 0 3.52 0.00 0 0 R-10 SFD 6.7 89 13.2 0 3.52 0.00 0 0 R-11 SFD 6.0 34 5.7 34 3.52 119.68 39,173 1,152 R-12 SFD 6.9 57 8.3 57 3.52 200.64 65,672 1,152 R-13 SFD 6.0 54 9.0 54 3.52 190.08 62,216 1,152 R-14 SFD 6.6 54 8.2 54 3.52 190.08 62,216 1,152 R-15 SFD 8.3 67 8.1 67 3.52 235.84 n,193 1,152 R-16 SFD 9.7 59 6.1 59 3.52 207.68 67,976 1,152 R-17 MF 11.7 182 15.5 182 2.61 475.02 155,480 854 R-18 MF 12.9 110 8.5 110 2.61 287.10 93,972 854 R-19 MF 16.0 207 12.9 207 2.61 540.27 176,837 854 R-20121122 MF 32.9 270 8.2 0 2.61 0.00 0 0 R-23 SFD 7.1 119 16.7 0 3.52 0.00 0 0 R-24/25 MF 28.7 369 12.6 359 2.61 936.99 306,689 854 MU-1 MF 7.5 75 10.0 75 2.61 195.75 64,072 854 CPF-1 CPF 4.4 0 P-1 Park 7.7 0 MU-1 Comm. 2.9 0 Grand Total Village Elaven 2,304 276.1 1,258 3,579.13 $1,171,496 Date: 6/26/05 11-22 EXHIBIT 3 CALCULATION OF PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE EASTLAKE PARKWAY BRIDGE Unissued Total Buiiding Persons No. of Permits per Persons per Cost per Pianning Product as of Household Household Planning Cost per Area Type Density Units Acres 5/11/05 Factor (1)' (2) Area Unit (1) (2) Village Eleven: R-1 SFD 8.4 163 19.4 0 3.52 0.0 0 $0 R-2 SFD 4.4 47 10.6 0 3.52 0.0 0 0 R-3 SFD 4.1 46 11.1 0 3.52 0.0 0 0 R-4 SFD 5.6 55 9.8 0 3.52 0.0 0 0 R-5 SFD 6.0 34 5.7 0 3.52 0.0 0 0 R-6 SFD 6.1 38 6.2 0 3.52 0.0 0 0 R-7 SFD 7.8 67 8.6 0 3.52 0.0 0 0 R-8 SFD 7.1 58 8.2 0 3.52 0.0 0 0 R-9 SFD 7.0 60 8.6 0 3.52 0.0 0 0 R-10 SFD 6.7 89 13.2 0 3.52 0.0 0 0 R-11 SFD 6.0 34 5.7 34 3.52 119.7 22,299 656 R-12 SFD 8.9 57 8.3 57 3.52 200.6 37,384 656 R-13 SFD 6.0 54 9.0 54 3.52 190.1 35.416 656 R-14 SFD 6.6 54 8.2 54 3.52 190.1 35,416 656 R-15 SFD 8.3 67 8.1 67 3.52 235.8 43,942 656 R-16 SFD 9.7 59 6.1 59 3.52 207.7 38,695 656 R-17 MF 11.7 182 15.5 182 2.61 475.0 88,507 486 R-18 MF 12.9 110 8.5 110 2.61 287.1 53,493 486 R-19 MF 16.0 207 12.9 207 2.61 540.3 100,664 486 R-20/21/22 MF 32.9 270 8.2 0 2.61 0.0 0 0 R-23 SFD 7.1 119 16.7 0 3.52 0.0 0 0 R-24/25 MF 28.7 359 12.5 359 2.61 937.0 174,582 486 MU-1 MF 7.5 75 10.0 75 2.61 195.8 36,473 486 CPF-1 CPF 4.4 P-1 Park 7.7 MU-1 Comm. 2.9 Grand Total Village Eleven 2,304 276.1 1,258 3,579.1 $666,872 Date: 6/26/05 11-23 EXHIBIT 3 City of Chula Vista Pedestrian Bridge Cost Estimate Hunte Parkway Bridge Eastlake Parkway Pkwy Bridge Hard Costs: Construction Cost Approach Ramps Contingency @ 25% Total Hard Costs $1,921,464 o 480,366 2,401,830 $1,093,791 o 273,448 1,367,238 Soft Costs: Design Cost @ 15% 360,274 205,086 Construction & Special Inspection Cost @ 15% 360,274 205,086 Project Admin. (Audit) @ 2% 48,037 27,345 Program Admin. @ 5% 120,091 68,362 Contingency @ 10% 88,868 50,588 Total Soft Costs 977,544 556,466 Total Hard & Soft Cost 3,379,374 1,923,704 One Half of Bridge Cost 1,689,687 961,852 Less: Available Funds (a) 518,191 294,980 Remaining Bridge Cost $1,171,496 $666,872 (a) Available funds represents fees collected from units which have issued a building permit as of May, 2005 and interest earned on funds held by the City for construction of the bridges. Date: 5/26/2005 11-24 EXHIBIT 4 11-25 PLANNING STUDY ESTIMATE ENGINEER: REVIEWED BY: A. SANFORD COMPANY: DATE: SIMON WONG ENGINEERING 4/18/05 STRUCTURE: EASTLAKE PARKWAY PEDESTRIAN OVER CROSSING LENGTH: 295'-0" WIDTH: 12'-0" DECK AREA (SF) : 3540 ITEM NO. CONTRACT ITEMS UNIT QUANTITY PRICE AMOUNT 1 STRUCTURE EXCAVATION (BRIDGE) CY 295 $60.00 $17,700.00 2 STRUCTURE BACKFILL (BRIDGE) CY 190 $80.00 $15,200.00 3 STRUCTURAL CONCRETE, BRIDGE CY 460 $1,200.00 $552,000.00 4 STRUCTURAL CONCRETE, BRIDGE FOOTING CY 65 $400.00 $26,000.00 5 BAR REINFORCING STEEL (BRIDGE) LB 96,500 $1.35 $130,275.00 6 METAL BRIDGE RAILING 4'-6" LF 330 $100.00 $33,000.00 7 METAL BRIDGE RAILING 8'-0" LF 260 $165.00 $42,900.00 8 JOINT SEALS LF 24 $95.00 $2,280.00 11 PILES DRIVE (CLASS 70C) EA 40 $2,500.00 $100,000.00 12 PILES FURNISH (CLASS 70C) LF 1200 $25.00 $30,000.00 13 BRIDGE LIGHTING LS 1 $45,000.00 $45,000.00 SUBTOTAL $994,355.00 MOBILl2ATION (10%) $99,435.50 SUBTOTAL $1,093,790.50 CONTINGENCIES (25%) $273,447.63 TOTAL $1,367,238.13 FOR BUDGET PURPOSE USE $1,368,000.00 sa FT COST $ 308.98 COMMENTS: Pile foundations assume with depth of plies and number of plies estimated. Actual foundation will be determined during design once Solis Report has been provided. Indudes only bridge items 01 work. Site grading, Bridge embankment construction and metal beam guardrail not included In this estimate. Legend: CY ..cubic Yards EA - Each LB - Pounds LF . LInear Feet 11-26 PLANNING STUDY ESTIMATE (BRIDGE ITEMS) ENGINEER: REVIEWED BY: A. SANFORD COMPANY: DATE: SIMON WONG ENGINEERING 4/18/05 STRUCTURE: HUNTE PARKWAY PEOESTRAlN OVERCROSSING LENGTH: 556'-0' WIDTH: 12'.0" DECK AREA (SF) : 6672 ITEM NO. CONTRACT ITEMS UNIT QUANTITY PRICE AMOUNT 1 STRUCTURE EXCAVATION (BRIDGE) CY 466 $80.00 $28,080.00 2 STRUCTURE BACKFILL (BRIDGE) CY 284 $80.00 $22,720.00 3 STRUCTURE EXCAVATION (RET WALL) CY 89 $60.00 $5,340.00 4 STRUCTURE BACKFILL (RET WALL) CY 274 $80.00 $21,920.00 5 STRUCTURAL CONCRETE, BRIDGE CY n1 $1,200.00 $925,200.00 6 STRUCTURAL CONCRETE, BRIDGE FOOTING CY 141 $400.00 $56,400.00 7 STRUCTURAL CONCRETE, RET WALL CY 50 $800.00 $40,000.00 8 BAR REINFORCING STEEL (BRIDGE) LB 174,050 $1.25 $217,5B2.50 9 BAR REINFORCING STEEL (RET WALL) LB 2,666 $1.25 $3,332.50 10 METAL BRIDGE RAILING (4'-6") LF 862 $100.00 $86,200.00 11 METAL BRIDGE RAILING (8'-0") LF 250 $165.00 $41,250.00 12 JOINT SEALS LF 24 $95.00 $2,280.00 13 PILES DRIVE (CLASS 70C) EA 62 $2,500.00 $155,000.00 14 PILES FURNISH (CLASS 70C) LF 1660 $25.00 $46,500.00 15 BRIDGE LIGHTING LS 1 $85,000.00 $85,000.00 16 MINOR CONRETE (RAMPS) LS 1 $10,000.00 $10,000.00 SUBTOTAL $1,746,785.00 MOBILIZATION (10%) $174,878.50 SUBTOTAL $1,921.463.50 CONTINGENCIES (25%) $480.365.88 TOTAL $2,401,829.38 FOR BUDGET PURPOSE USE $2,402,000.00 SQ FT COST $ 287.99 COMMENTS: Pile fOl.J1dations assune with depth of piles and number of plies estimated. Actual foundation will be determined during design once Salls Report has been provided. Includes only bridge Items ofwofk and concrete for rwnp system. Site gradIng, Bridge embankment constnJctlon and metal beam guardrail not Included In this estimate. Legend: CY -Cubic Yards EA. Each LB - Pounds LF - UnBar Feet 11-27 ..........Study 9968 Hibm Slrret. Suttl202. SanD/liD. CA 92/31 (llSB) 566-3l1.3 . f=(llSB) 5~ www.J1"""""""geng.csm .' 11-28 '-v~ SIMON WONG ENGINEERING May 16, 2002 Brookfield Homes 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014-3859 Attention: Dale Gleed SUBJECT: OTAY RANCH VILLAGE 11 PEDESTRIAN BRIDGE PLANNING STUDY Dear Mr. GIeed: Simon Wong Engineering is pleased to provide the Draft Otay Ranch Village 11 Pedestrian Bridge Planning Study, for your review and comment. Induded in the study are recommended design features, cost estimates, elevation and plan views for the foIlqw1ng structures: . Hunte parltway POC . EasUake Parkway POC Cost estimates for the approach trails and grading of embankment slopes were not Induded In this report. If we can be of further assistance, please call. ~j/1 Andrew N. Sanford, P.E. Simon Wong engineering Attachments U~MIng S1IldylJel\lr1.doc 9968 Hibert Street, Suite 202' San Diego, CA 92131 . (858) 566-3113' FAX (858) 566-6844 11-29---- ~~ IVV\ OTA Y RANCH VILLAGE 11 PLANNING STUDY EXECUTIVE SUMMARY Two bridges 818 proposed for Olay Ranch VdJage 11. In orderto define the bridge configuration, material types, architectural features, and approximate costs, Simon Wong Engineering has prepared this Planning Study. The results are summarized below: Brlclge Geomeby The two bridges are on a tangent alignment, 00 sk_, with Hunte Parkway, and EastIake Partway. Each bridge is assumed to be 12' wide with a 10' clear walkway, with the antk:ipated bridge lengths as follows: · Hunte Parkway POC - 556' long · Eastlake Parkway POC - 295' long Structu... Type and &0..... The architectural theme for Olay Ranch Village 11 is based upon the designs of Irvin GiH. To closely resemble this style and to match existing slruc:turas, a1rrent1y located within the Otay Ranch Community, Cast-in-Place Reinforced Concrete was sal!:tecl as the buncfmg material for both structuras. The total project cost for both bridges is as foIlciws: Bridge Bridge Construction Estimate Hunte Pa $1 515 000 Eastlake $892 000 Add-on Costs A e cost . Construction Total: $1 15000 $150 000 $2 995 Design F8Itu.... A number of design features _ included in the costs noled above. These features 818 intended to resemIlIe the a..4l1tWl.ll'lll styte of Irvin GiB. . Haunched girders In each span · RectBlgular columns wilh arched opening at each bent · Flat exterior face of bridge wiIhout overhaIlgS . Column capitaJs at each bent Paae I 11-30 OTAY JlAlIlCB VILLAGE 11 PLANNING STUDY A. INTRODUCTION Simon Wong Engineering is pleased to present this Planning Study for the Olay Ranch Vdlage 11 Pedes1rian Overcrossings. Our scope of wort for this phase of the project includes a study of possible bridge material types, span arrangements, and alternative aesthetic features. Based upon comments from Dale GIeed of Brookfield homes, selected features have been included in this study. There are two Pedestrian Overcrossings (POC) proposed for the Otay Ranch Village 11: . Hunte Partway POC . Eastlake Partway POC For this study, both the Hunte Partway POC and EaslIake Parkway POC superstructures are comprised of two haunched exterior girders supporting the walkway between them. The Hunte Parkway POC aosses Hunte Parkway, a Prime Arterial I Ranch Theme street, to provide access to the Salt Creek Open s~ PreselV8 and Univefsity site. The bridge is aligned with one of the Village 11 patt...ays that provicIe pedestrian access throughout the Otay Ranch Community, with an approximsta length of 556'. The Eastlake P8lXway POC is IoaIled approximately 350' north of the intersection with Hunte Partway, and has a tolaIlength of approximately 2M'. It atlsses Eastlake Parkway, a Prime Arterial I Ranch Theme street, providing eoca!! to Village 1210caled to the east. B. Brtdge Geometry The bridge layouts are based on infonnalion provided by Hunsaker & Associates, with P&D Consultants providing assumed chanlCteristic:s fA Vilage1210cated to the east. Both bridges are assumed to be on tangent alignments ancl cross the roadways at a goo angle (0" skew). It is anticipated that the Hunte Pal\...ay struc:Iure will have along pathway leading to the stludure on the north, but wiD require a ramping portion on the lIoullulueto '1R':llKlainllesinttlefuluAt llM. GUile URMIIlIilySi&e. llIe EII1Iake Parkway struc:lure Is a1IIcipatecl to have long pethways IeacfIl1g up to the structure on both sicIes of the bridge. Due to the prelminary nature of the project grading plans, the bridge locations and lengths are approximate. Assumptions have been Ill8cIe for the grading, which may result In an CIVlII'IlStim8l of the bridge lengths and project costs. Adjustments to the grading on the lIOUth 8icIe of Hunte P."oo'8Y that would provide an embankment slope would shorten the bricIge considerably. The constnJcIIon of fill embanlcmenls. where space is available, is usually less expensive than the buldlng or a bridge structure. The horizontal cIeaJance at each bridge was based on requIrementa found in the CaJtrens H"lCIhwav Desian Manual and the CaIlrans Briclae Deelan AicIa Manual. Columns edjsIc:ent to the I08dway shoulders and within the mecrl8l'l wiD require MelaI Beam Guard Railing (MBGR) or equivalent protection for the traveling pubic. In order to resemble the lIVing Gill style, columns are proposed Blfj8Cllnt to the outside shoulders anc:I wilhin the 16' median for both bridges, (eee Diagram 1). --Wong IVV\ El..,jIl_" __ Page 2 11-31 OTAY RANCH VILLAGE 11 PLAl'lNING STUDY [ II ~~ 1il[. -~ rc- -*- ~- ~ _a _.I _. Diagram 1 , The vertical clearance at each bridge was also based on requirements found in the Catrans Iiia'- Desion Manual and the Catrans Bridae Desion AIds Manual. The standard minimum vertical cIealance from the traveled way below a freeway or expressway is 16'-6'. With an assumed JlllIted speed of 45 MPH, Hunte Parkway and Easllake Paltway should both be CXIl1siclered expressways. For pedestrian , ovela'OSS/ngs, the standard of praclIce Is to add 2: to the minlmLm required height for a total vertical clearance in this case of 18'-6' (See Diagram 1). The addilionaJ vertical clearance is justified by the higher probabiIily of significant structural damage to the bridge in the event of an irnpact wIh an civersizad vehicle. Both the bridgesWll meet or exceed this minimum cIeerance. The bridge proIiIe grades define the ..aIlon change along the length of the structure and provide for drainage of the 1f.8Ikway surface. The maximum acceptable slope of the walkway surface is 8.33% (or l' in 12:) with landings provided for ev8IY 30" change in eIevaIion. In addIlon, a handnil far use by the Altablecl must be provicled where the slope is greater than 5%. For ElISIIake PaItway, the assumed, grading plans do not require a change in eIewtion lD meet the ~ deamnce over the roadway, and therefore can be aesigned with reIaIiveIy ftat profiles. In order to minimize the ~~~~t~~~~~~~~~~= and a parabolic QlMl transIIion ~. At Hunte Parkway, a ramp system is proposed for the south IIde of the 8Iruclure with a lIllIlCimum grade of 8.333% with intennecflllle landings to acccmmodate access 10 the structure. Delermination of the walkway width for a pedsstrlan 0Vti.c..-h IQ requlla a site-apec:ific analysis. The width is not mandated by code except as required for -"bIecI .x sssibil/ty. HcMever, the .....d of practice is to provide a minimum clear wicIIh of 8' far ai, 0INl.........lng IIi'uctures. Currently the lIIruc:ture IocaIed acroas La Media Road has a clear walkway width of 15'. Other Planning Studies have been 'ccmpleled thatldentlry 10' cle8r walkways for structures that ClOSS Olympic PaM.ay anc:I La I.1edia Road. For the two bridges incIudad in this planning study, cost estimates ere provIdecI for 10' clear walkway widths for both Hunte Parkway 8I1d EasIIake Parkway. :'7'':: ,'^^ Pqe3 11 :n: OTAY RANCH VlLLAGI: 11 PLANNING STUDY In SlII11ll1lIIY for the two struclures, the fcIowing assumptions were made: . Tangent algnmenl wiIh ()O skew . Columns Iocaled adjacent to the roadway and in the 16' med"18I1 . Minimum 18'~" Yel1icaI clearance . Maximum 2%% proIIe grade without landings (Eastlake ParXway POC) . Maximum 8.333% plOliIe grade with L.andngs (Hunte Parkway POC) . WaIkwfroJ widths 0110'-0" C, Supendrudure Type The most important type selection clec:ision for a bridge prcjec:t Is the superstructure material type and configuration. It Is also the decision thai will define the character of the bridge. There are many possible material types and construclion methods available for this project. The following table lists some rA the options: PEDESTAIM OVERCROSSIfIG. $liCut; lulU: TYPES TYPE COST COIRIENTS SlSF Concrete 70-140 DeIaiIs and form work simplest rA any type. Best Slab for short less tt8I eo' for POCS. Concrete 80-140 Mare campticakMf form work but ec:oncmic;aI for T -Beam - rA SO' - SO' for PCCs. Concrete 90-165 EIe&t suiled for spans rA SO' -120'. Clean lines Box Girder and good lIpp Ill_a. Usual}' mare eCDIIDmlcal 1tIan steel or ~ c:a'lCI'N . . Post- 100-180 Similar to 1lDIliXlIl-tensloned option but can be Tension used for IfI8IlS up to 600'. Box GlIder Precast 110-190 GocId.for __ wbent .1111 ~ ls.dilIicuIl to I-Girders ~ ~ltidellb Igs wIII1law vetticaI clearance. I nmae fRlIn 50' -120'. Steel 120-220 ~to~~~use"bul~~ GiIsIeI:. .. . ~'.h_"'~, ... -,." Steel 120..500 p..r,*r1tllllrd bridges _. " Lleror PCCs. Truss OpliElo1lll nit UJ IIIIhering tInIlIh has "1UI8I" apP! I aACI and does not requIIe periodlc; . Fill! lWl'k not ror Inr'rr~on. Tunber 120-500 QHlIm members slow ror longer splII'I8IIc:I Truss econamicaIlIIruc:tIns. C8n IIChieve "nlllll" look. Based on prevIaus CDII1I11eIltS by BI'DOIdIeId Homes, to resemble the erchltec:lural style rA IMn GiR, the selected supentruc:ture type for Hunte Parkway POC encI ~-e Palltway POC Is cast-ln-place I8ilIforoed COi...... wIIh haunched exIeIillI girders sup, arlntJthe p 11tl~ __. No the euPPBrII e&CII Wuct lie illu" DIted 011 multi- column bents with an archecl apenIng between them. ;;ow.:: IVV\ Pose 4 11-33 OTAY IlANCIl VILlAGE 11 PLAl'lNDlG STUDY The supntruc:lIn conIiguraIion for Hunte P8Ikway and 1= ~-':e P8IItway match the architectural styling diNing GiU. Gil's use d simple forms, 8I'Ct15, colonnades, and smooth finishes are included in U- 8lnx:tur8s. Existing pedul>., slructures located within the Villages d Otay Ranch utilize stained COIlCRIIe on the superstructure n stone fa;ade at the abuIments nlXllumns. These fealures are not preS81d in the Hunte Paltway and EaIIake Parkway structures. However the axnmon use of arches, rec:langular lXlIumns, and reinfort:ed CO! ""~ wiD tie the structures togeIher visualy. The concrete bridge type is typicaIy the IowesI in initial cost, has a design life span d CMII' 75 years, and has reIaIiveIy low IYlllintenanc:e casts. Concrete can be coIoIed or stained to achieve a Yo! IlhereclIook or to meet other IS sIhetic goals. AIl:lli!edIIraI ll........nl can also be added to the Y8Ilir.:aI faces. The "ralkirlllY surface for the two structures is a COllaN deck. Examples d concrete pedestJian oveta ;esings are shown in Figures 1, 2, ancI3. t..." . J ......,..... La Media lla8d POC ~~ IVV\. PI&e s 11-34 OTAY RANCH VILLAGE 11 PLANNING STUDY Cost eslinales for the bridges are as fcIows: OTAY RANCH PEDESTRIAN OVERCROSSING BRIDGE PLANNING STUDY Bridge Hunte EutIake Pa Bridge Construction Estimate $1,515,000 $892,000 Construction Total: 6nea1 foot brill Individual General Plan Estimates are included in Appendix A and include a 25% contingency. Costs for the approach trails have not been included in the cost estimate, but bridge railing, and bridge lighting has. The add-on costs have been estimated at approximately $150,000 each and include bridge design, construction engineering, and jnspedion. The acluaI add-on costs wiD be based on the final bridge type selection and an approved consullanfs cost proposal. Agency review and permit fees are not induded in the cost estimates. Afthough &hallow spread footings Were used for La MecfI8 Roed POC, deep foundations are assumed for all options in Village 11. Further refinement of the foundation system . estimate win proceed after deIaiIed field investigations of the subsUrface conditions are completed. The foundations make up approximately 20% of the total bridge constn.K:tlon cost. D. Column Type The selected column type for both bridges is a mulli-column bent with rectangular columns and arched opening between the columns. This simulates the colonnades of Inrin Gin and ere ales an openness to the structures. E. Bridge Railing and LIgIdIng The general requirements for the bridge handraing are based on the CaItrans Highway Design Uanual8lld BAdgeIJeligA Aka Melli l1li ""jr,.. _""""tIlUYto flIe.8Ill. pecte.sllians and blcycIists from acddenlaIy falng from the structure. In the caee of OIr8laClSings, prclective railing is necenaryto prevent objects from being thrown, dropped or discharged onto the roadway below. WhIe it is not possible to completely eliminate this serious problem, installing a ptotedive mesh on the portions of the bridge over the roadway can signlicanlly reduce the risk. A vinyl co&tetl wire mesh with 1" maximum size opetings and an CMnII height of approximately S' has been adopted by Caltrans as the standard for this situation. Wire mesh allemalives indude vIny\ coated steel chain-link ancl vinyl coated crimped wire mesh. ~"':: ,'^^ Pap 6 I I 35 OTAY RANCH VILLAGE 11 PLAMmfG STUDy The minimum failing height assumed for these tWo struc:Iures is as fallows: · For bicycle and pedestJian failings: 4'-6" · Over roadways: 8'-()" with protective screening The selected bridge railing is similar to that on the existing slruclure over La Media Road. This metal railing wiD may be colored 10 match existing raiting found throughout the OIay Ranch Villages. The bridge fighting options are anticipated to be similar 10 those on La Media Road and include walkway tighting along the approach trails and on the bridge. Walkway lights are similar 10 slreelflQhts but on a reduced scaJe. Final decision of Ihe style and location of the rlQhting will lake place during the design of the bridge. Maintenance of the lights, consisIing of replacing right bulbs, win require the use of a ladder for the walkway lights on the approach trails and bridge. Bridge walkway surface lighting costs are generally between $75 - $170 per linear fool of bridge, with a projecllolaJ of approximately $130,000 forlhe bridge portion of this project. ::-:: I\IV\. Pege 7 OTAY RANCH VILLAGE 11 I'LANNlNG STUDY APPENDIX A PLANNING STUDY ESTIMATES 11-37 OTAY RANCH VILLAGE 11 PLANNING STUDy OTAY RANCH Vll..LAGE 11 PEDESTRIAN OVERCROSSING PLANNING STUDY Bridge fiunte Eastlake Parkway Parkway Bridge Construction Estimate $1,515.000 $892,000 Construction Total: $1,515,000 $892,000 Add-on Costs $150,000 $150.000 Average cost per lineal foot bridee ($/LF) $2,995 $3,532 Total Project: $1,665,000 $1.042.000 Individual General Plan Estimates are included in Appendix A and include a 25% contingency. The add-on costs have been estimated at approximately $150,000 for each bridge, and include bridge design, construction engineering, and Inspection. The actual add-on costs will be based on the final bridge type selection and an approved consultanfs cost proposal. Agency review and permit fees are not included in the cost estimates. 11-38 PLANNING STUDY ESTIMATE (BRIDGE ITEMS) ENGINEER: A. SANFORD COMPANY: SIMON WONG ENGINEERING REVIEWED BY: OAT(: 5/16102 STR\JCT\JRE: HUNn: PAllKWAY PEIlESTIWN ovtIlCllOSSlNG . LENGTH' 556'.0' WIDTH: 12'-0' D[CK AREA (SF) , 6672 ITEM NO. CONTRACT ITEMS UNIT QUANTITY PRICE AMOUNT I STRUCTUR! EXCAVATION (BRIDGE) c:t 46B $55.00 $25,740.00 2 STRUCTURE BACKFIU (BRIDGE) c:t 284 $<5.00 $12,780.00 3 STRUCTURE EXCAVATION (RET WAUl c:t 89 $40.00 $3,560.00 4 STRUCTUR! BACKFIU (REi WAU) c:t 274 $<5.00 $12,330.00 5 STRUCTURAL CONCRETE. BRIDGE c:t nl $650.00 $501.ISD.OO 6 STRUCTURAL CONCRETE, BRIDGE FOOTING c:t 141 $4OD.OO SS6.4OD.OO 7 STRUCTURAL CONCRETE, RET WAU c:t SD $35D.00 $17~.00 B BAR REINFORCING STEEL (BRIDGE) LB 174,050 $0.65 $113,132.50 9 BAR RElNFG1lC1NG STEEL (RET WAUl LB 2.666 $0.65 $1,732.90 10 METAL BRIDGE RAILING (4'-6") LF B62 $70.00 $60.340.00 II. METAL BRIDG[ RAILING (8'.0') LF 25D $1&5.00 $41~.00 12 JOINT SEALS LF._ 24 $SO.OO $1,200.00 13 P1W DRIVE (ClASS 70C) EA 62 $2.DDD.OO $124,000.00 14 PILES fURNlSH (ClASS 70C) LF 1860 $2D.00 $37,200.00 IS BRIDGE UQHTING LS I $85,DDD.OO $85,000.00 16 MINOR CCNRETE(RAMPS) LS I $B.DDD.oo $B.DDD.oo SUBTOTAL $1,101,315.40 M09IUZATlON (10lQ $110.131.54 SUBTOTAL $1,211 ,446.94 CONTINGENCIES (25") $302,161.74 TOTAL $I,514.301l.68 FOR BUDGET PURPOSE USE $1,515,DDD.DO sa FT COST . 111.IT -: PIo__wIIl_dplooond_dploo_ __...._......_ ---..-- -cnr_......_..._...__ ..._,....~,......._._...___""_....._ '-'I: CV.QM:v_ EA._ lJI._ LF.. .....F. 11-39 PLANNING STUDY ESTIMATE ENGINEER: REVIEWED BY: STRUCTURE: A. SANFORD COMPANY: OATE: EASTlAKE PARKWAY PEDESTRIAN OVER CROSSING SIMON WONG ENGINEERING 5/13/02 LENGTH: 295'.0' WIDTH: 12'.0' DECK AREA (SF) : 3540 ITEM NO. CONTRACT ITEMS UNIT QUANTITY PRICE AMOUNT 1 STRUCTURE EXCAVATION (BRIDGE) c:t 295 $55.00 $16.225.00 2 STRUCTURE BACKFILL (BRIDGE) c:t 190 $45.00 58.550.00 3 STRUCTURAL CONCRETE. BRIDGE c:t 460 sea.OO $299.000.00 4 STRUCTURAL CONCRETE. BRIDGE FOOTING c:t 65 $400.00 526.000.00 5 BAR REINFORCING STEEL (BRIDGEl LB 96.500 $0.75 $72,375.00 6 METAL BRIDGE RAILING 4'-6" LF 330 $100.00 $33.000.00 7 METAL BRIDGE RAILING 8'.()' LF 260 $165.00 $42.900.00 8 JOINT SEALS LF 24 $50.00 $1.200.00 11 PILES DRIVE (ClASS 70C) EA 40 $2.0Q0.00 $80.000.00 12 PILES FURNISH (CLASS 70C) LF 1200 $20.00 $24.000.00 13 BRIDGE LIGHTING LS 1 $45.000.00 $45.000.00 SUBTOTAL 5648.250.00 MOBILIZATION (lll"> 564.825.00 SUBTOTAL $713.075.00 CONTINGENCIES (25"> $178,268.75 TOTAL $891.343.75 FOR BUDGET PURPOSE USE $892;lIll&,OO sa FT COST $ 201.~ ~: PIe rex-. -- - cIopII oIpIoo IJld numborolploo __ ActulII ~... bo j,l ........ duItn; dooIgn .... ScIo ~... -1IIMlId. -onIybrtdge_oI-. SIIovrMlng.IIddsIo_...._~_IJld_ -~nat_lnthlo___ ~: r:r -CUbIc_ EA. &ch LB-_ LF.u.r_ 11-40 OTAY RANCH VILLAGE 11 PLANNING STUDY APPENDIX B CONCEPTUAL BRIDGE ELEVATIONS 11-41 ~ i ~ , ; // !<1 J ------r------' 1$1 --~--- ~ It I ....;....>'" ~ ; / \ Ii' ___L~ I -----~----~- : --~-- I ;" Ii l !II~ ~z i - - - , llli~ i , ...... ....... ....... ...... ...... ; & 11-42 '" ,... '!:2 ., ,.. ~:::t o z I . ; ; 'II; :r c ~ ~~ AZ ::E" ~:e rH> O~ ~~ . >z ~~ t5 ~ ~ ~~ ~.~ ~~ ~~ 0- ~. i~ ~~ ~~ 3Ew ~ < w II ~I I ' . ti I ! ~ ~ ~ ~l ~__ -------Y- .~ I .....____ V" ---y---- -Y- I 1 -Y--1 : Ii. :51; ; .5 i .A_______^-___~.A__ -^-__~_.A______A._ i n_n_n_.__.._ I ..- _.._n_n_.._n-.' I , (=ul :. , - I , '~III \ , _____ h . ---- I ______ \ -- '----y ~ . I y- . -<C--~- i , 5 i :11 ~ :11 ' tl;1 Idj ~j~~ ~~~ !! ~s . I . I 11-43 I~ ~I l~ S I~ . ~I ~i ' . . ~ ~ '.'" , II ~ ti ~ z 2 .... u .... CII, <c !,! 0.. ~ z. . :s ' o..c I ~ I @ lI"YUmD;Tm' A. ili~~iliWiA ~ ' ~! ORDINANCE NO. ~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHINC AMENDING ORDINANCE NO. 2898 RELATING TO THEA PEDESTRIAN BRIDGE DEVELOPMENT IMFACT FEE PROGRAM FOR OTAY RANCH VILLAGE 11 ,\r'ID THE .\RK'. OF BENEFIT WHEREAS, the City's General Plan Land Use and Public Facilities Elements require that adequate public facilities be available to accommodate i.ncreased population created by new development; and WHEREAS, the City Council has determined that new development within certain areas within the City of Chula Vista as identified in this ordinance, will create adverse impacts on certain existing public facilities which must be mitigated by the financing and construction of those facilities identified in this ordinance; and WHEREAS, developers of land within the City are required to mitigate the burden created by their development by constructing or improving those facilities needed to provide service to their respective developments or by the payment of a fee to finance their portion of the total cost of such facilities; and WHEREAS, development within the City contributes to the cumulative burden on pedestrian facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and WHEREAS, the goal of the Otay Ranch General Development Plan (GDP) is to organize land uses based upon a village concept to produce a cohesive, pedestrian friendly community, encourage non vehicular trips and foster interaction amongst residents; and WHEREAS, a component of the Otay Ranch circulation system is a comprehensive trail system to provide for non-vehicular alternative modes of transportation; and WHEREAS, the Otay Ranch GDP requires a non-auto circulation system, such as pedestrian walkways and bike paths, shall be provided between villages. And, where appropriate and feasible grade separated arterial crossings should be provided to encourage pedestrian activity between villages; and WHEREAS. the City Council adopted the Pedestrian Bridge Development Impact Fee (DIP) Program for Otav Ranch Village II bv Ordinance No. 2898 in order to pay for 11-44 Ordinance No. ~ Page 2 pedestrian bridge facilities that wiH serve Otav Ranch Village II; and WHEREAS, the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan also identifies two potential pedestrian bridges in Village 11 that are currently Partially funded by the Pedestrian Bridge DIP Program; and WHEREAS, the Conditions of Approval for Otay Ranch Village 11 tentative maps require that a funding mechanism be established to pay for Village 11 bridges; and WHEREAS, pedestrian facilities have been built, or are proposed, that will connect Village 11 trail sys~em to the planned pedestrian trail system in Village 10 (University Village), and to the pedestrian trail system within Planning Area 12 (Freeway Commercial/Easter Urban Center) including a continuous village pathway and cart path system. The pedestrian facilities cross major streets and their use would be encouraged and facilitated by the provision of over-crossings of these major streets; and WHEREAS, land within Village 11 will benefit from the installation of these bridges primarily due to: (i) its location and proximity to the bridge, and (ii) its ease of access to the bridge based on the trail configuration; and WHEREAS, the completion of the pedestrian bridges in Village 11 will complete the linkage of the pedestrian facilities in Village 11, serving to enhance overall pedestrian access in and among the nearby Villages and would be facilitated by including the funding for the construction of the bridges required by the Village 11 tentative maps in current Impact Fee program by: I) establishing the per unit fees payable at issuance of a building permit; 2) identifying the facilities to be fmanced by the Impact Fee; and 3) establishing the territory to which the Impact Fee is applicable to include Village 11; and WHEREAS. tile original Pedestrian Bridge DlF Program for Otav Ranch ViIlag:e II used the persons per dwelling: unit rates established in Section 17.1 0.040 of the Chula Vista Municipal Code for the various residential land use categories in deriving the Equivalent Dwelling Unit ratio upon which the Impact Fee is based: and WHEREAS, the person per dwelling unit rates for Parkland Dedication in Sec. 17.10.040 were modified by Ordinance No. 2886. The rates for single family went from 3.22 persons per unit to 3.52 persons per unit and the multiple-family rates went from 2.21 persons per dwelling units to 2.61 persons per unit. The attached, cluster housing or planned unit development and the duplex categories were deleted from Sec. 17.10.040; and WHEREAS, Otay Ranch, Village 11 is that area of land within the City of Chula Vista surrounded by Olympic Parkway, Hume Parkway, Eilstlake Parkway, Birch Road, and State Route 125. This area is shown on the map marked Exhibit "I," and included as an attachment to the City of Chula Vista Pedestrian Bridge Development Impact Fee 11 -45 Ordinance No. ~ Page 3 Report for Otay Ranch Village 11, dated February 1,2003, and the updated Pedestrian Bridge Development Impact Fee Report for Otav Ranch Village 1 L dated Mav 26.2005 on file in the Office of the City Engineer; and WHEREAS, City Engineering Staff has approved the City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 11, dated February I, 2003 and the updated Pedesh'ian Bridge Development Impact Fee Report for Otay Ranch Village 11. dated Mav 26. 2005 ("Report"); and WHEREAS, said report, recommends pedestrian over-crossing facilities needed for pedestrian access, and establisacG the adiustment of the Pedestrian Bridge DIF a--ree payable by persons obtaining building permits for developments within Otay Ranch Village 11 benefiting from the construction of these facilities; and WHEREAS, there are two Pedestrian Over Crossings (POC) proposed for the Otay Ranch Village 11: Hunte Parkway POC and Eastlake Parkway POe. The Hunte Parkway POC crosses Hunte Parkway, a Prime Arterial/Ranch Theme street, to provide access to University site. The bridge is aligned with one of the Village 11 pathways that provide pedestrian access throughout the Otay Ranch Community, with an approximate length of 556 feet. The Eastlake Parkway POC is located approximately 350' north of the intersection with Hunte Parkway, and has a total length of approximately 295'. It crosses Eastlake Parkway, a Prime ArteriallRanch Theme street, providing access to Planning Area 12 located to the east; and WHEREAS, a series of meetings have been held with the owner and developer of properties located within Otay Ranch Village 11 to discuss the report and City staff recommendations establishiag adiusting the Otay Ranch Village II Pedestrian Bridge Development Impact Fee; and WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the report and other information received by the City Council in the course of its business, that imposition and adiustment of the Impact Fee on all developments within Otay Ranch Village 11 in the City of Chula Vista is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and WHEREAS, the City Council has determined that the amount of the Impact Fee levied by this ordinance does not exceed the estimated cost of providing the public facilities identified by the report. NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows: SECTION 1. Environmental Review 11-46 Ordinance No. ~ Page 4 WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defmed under Section IS378 of the State CEQA Guidelines; therefore, pursuant to Section IS060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review will be required prior to the approval of fmal design plans and the awarding of construction contracts for facilities funded through Pedestrian Bridge Development Impact Fee. SECTION 2. Acceptance of Report The City Council has reviewed the proposed Pedestrian Bridge Development Impact Fee Report for Otav Ranch Village II. dated February I, 2003Mav 26. 200S, and has accepted the same, by Resolution No.2003 QS2200S-XXX, in the form on file in the Office of the City Clerk. SECTION 3. Facilities The facilities to be fmanced by the Impact Fee are fully described in the Pedestrian Bridge Development Impact Fee Report for Otav Ranch Village II (the "Report") and incorporated herein by this reference, ("Facilities"), all of which Facilities may be modified by the City Council from time to time by resolution. The locations at which the Facilities will be constructed are shown on Exhibit" I" of the approved Report. The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual pedestrian generation. SECTION 4. Territory to Which Fee Is Applicable The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth on Exhibit "2" of the Report and is generally described herein as the "Territory." SECTION S. Purpose The purpose of this ordinance is to establish the Impact Fee in order to provide the necessary financing to construct the Facilities within the areas shown in Exhibit "1" of the Report, in accordance with the City's General Plan. SECTION 6. Establishment ofFee The Impact Fee, to be based on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of building permits for residential development projects 11-47 Ordinance No. ~ Page 5 within the Territory, is hereby established to pay for the Facilities. SECTION 7. Due on Issuance of Building Permit The Impact Fee shall be paid in cash upon the issuance of a residential building permit. Early payment is not permitted. No building permit shall be issued for residential development projects subject to this ordinance unless the developer has paid the Impact Fee imposed by this ordinance. SECTION 8. Determination of Equivalent Dwelling Units Residential land uses shall be converted to Equivalent Dwelling Units for the purpose of this fee based on the following table: Fee by Land Use Land Use Single Family ("SFD") Multi Family ("MF") People per household 3.52 2.61 EDU's 1 0.74 "Single family" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of 8 units per acre or less as shown on the approved tentative map for said subdivision, planning area or neighborhood. "Multi-Family" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of greater than 8 units per acre as shown on the approved tentative map for said subdivision, planning area or neighborhood. SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited The Impact Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or-applied for, or when the building permit plan check was conducted, or when application was made for the building permit. SECTION 10. Purpose and Use of Fee The purpose of the Impact Fee is to pay for the planning, design, construction and/or fmancing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, to other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Impact Fee shall receive the advance consent of the City Council and be used in a manner consistent 11 -48 Ordinance N o. ~ Page 6 with the purpose of the Impact Fee. SECTION 11. Amount of Fee; Establishing Master Fee Schedule The initial Impact Fee shall be calculated at the rate of $~ I. 728 per Single Family Dwelling Unit (SFD) and $6M-L281 per Multiple Family Dwelling Unit (MF). Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section E, which shall read as follows: "E." Otay Ranch Village II Pedestrian Bridge Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. XXX)( that amended Ordinance No. 2898, but said ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the ordinance, or in the event that there are additional rules applicable to the imposition of the Impact Fee, the language of the ordinance governs. a. Territory to which Fee Applicable The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth in Exhibit "2" of the City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otav Ranch Village l1. dated FesrHary I, ZQ03May 26. 2005. and is generally described as the area surrounded by Olympic Parkway, Hunte Parkway and Eastlake Parkway. b. Rate per Residential Land Use and Fee The Impact Fee shall be calculated at the rate of $~1.728 per EDU and translated into a fee per land use based on the people per household factor given below, '.ylliell Fate shall se adj:lsted frem time tll time by tae City Ce,meil. Residential Land Use EDU's Fee Single Familv (SFD) 1 $~1.728 Multi Familv (MF) 0.74 $6-+4 L281 c. When Payable The Impact Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. The City Clluseil shall re'.oj",','.. the B1Reuat sftae lmjlact fee aJclRually lJF frEl.ffi time tll time. The Cit:,. CllHlleil may, at sueH reviews, adjust the afllslffit Elf this Impaet Fee as Beeessary to asSW'e eonstructiell and ejleratiElIl sf the Faei1*ies. 11-49 Ordinance No. ~ Page 7 The amount of the fee shall be adiusted. starting on October 1. 2006. and on each October 1 s( thereafter. based on the one-vear change (from Julv to Julv) in the Los Angeles Construction Cost Index (ENR-CCn as published in the Engineering- News Record Magazine. Adiustments to the above fees based upon the ENR-CCI shall be automatic and shall not relluire further action of the Citv Council. The reasons for which adjustments may be made include, but are not limited to, the following: chaRges in the cootG of the Facilities as may be fet1ected by SUCR ilidex as the CeUflcil deems aj3j3roflriate, ouch as the Bligiaeerilig N ows Record Coas1:nletioa Cest mElox (ENR CCI); changes in the type, size, location or cost of the Facilities to be financed by the Impact Fee; changes in land use in the City's General Plan; other sound engineering, financing and planning information. Adjustments to the above Impact Fee may be made by resolution amending the Master Fee Schedule. SECTION 12. Authority for Accounting and Expenditures The proceeds collected from the imposition of the Impact Fee shall be deposited into a public facility financing fund ("Otay Ranch Village 1 I Pedestrian Bridge Development Impact Fee Fund", or alternatively herein "Fund") which is hereby created and shall be expended only for the purposes set forth in this ordinance, the Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. SECTION 13. Findings The City Council hereby fmds the following: A. The establishment of the Impact Fee is necessary to protect the public safety and welfare and to ensure the effective implementation of the City's General Plan. B. The Impact Fee is necessary to ensure that funds will be available for the construction of the Facilities concurrent with the need for these Facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. C. The amount of the fee levied by this ordinance does not exceed the estimated cost of providing the Facilities for which the fee is collected. D. New development projects within the territory will generate a significant amount of pedestrian traffic that current pedestrian facilities carmot service, therefore construction of the Facilities will be needed to service new 11 -50 Ordinance No. ~ Page 8 development projects. SECTION 14. Impact Fee Additional to other Fees and Charges The Impact Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer Whenever a developer is required as a condition of approval of a development permit to construct or cause the construction of the Facilities or a portion thereof, the City may require the developer to install the Facilities according to design specifications approved by the City and in the size or capacity necessary to accommodate estimated pedestrian traffic as indicated in the Report and subsequent amendments. If such a requirement is imposed, the City shall offer, at the City's option, to reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee. The City may update the Impact Fee calculation, as City deems appropriate prior to making such offer. This duty to offer to give credit or reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, the City may, as part of a written agreement, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Impact Fee calculation, as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer 11 -51 Ordinance No.:2S98 Page 9 The City's duty to extend a reimbursement offer to a developer pursuant to Section 15 or 16 above shall be conditioned on the developer complying with the terms and conditions of this section: a. Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the construction of the Facilities, excluding any work attributable to a specific subdivision project. b. The request for authorization shall contain the following information, and the City may from time to time request such other information as: (1) Detailed descriptions of the work to be conducted by the developer with the preliminary cost estimate. c. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (I) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the improvement work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the improvements; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the improvements. (7) The developer shall advance all necessary funds for the improvements, including design and construction. The City will not be responsible for any of the costs of constructing the facilities. (8) The developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges 11-52 Ordinance No. ~ Page 10 during construction shall be justified and shall be documented to the satisfaction of the DirectorCitv Engineer EJfPu8HC Werks. (9) The developer shall provide a detailed cost estimate, which itemizes those costs of the construction attributable to the improvements. Soils Engineering shall be limited to 7.5 percent of the project cost, Civil Engineering shall be limited to 7.5 percent of the hard cost and landscape architecture shall be limited to 2 percent of the landscaping cost. The estimate is preliminary and subject to final determination by the DirseterCitv Engineer of Plffilie Wedes upon completion of the Public Facility Project. (10) The agreement may provide that upon determination of satisfactory incremental completion of the public facility project, as approved and certified by the Direeto)'Citv Engineer efPlffilic 'NEJrks, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25 percent of such costs until issuance by the City of a Notice of Completion. (11) The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the impact Fee for building permits to be applied for in the future. (12) When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the project to the City. The Dir8ctorCitv Engineer ef Public Werks shall malce the final determination on expenditures, which are eligible for reimbursement. (13) After final determination of expenditures eligible for reimbursement has been made by the PUBlic V,'er]w _DireeterCitv Engineer, the parties may agree to offset the developer's duty to pay Impact Fees required by this ordinance against the City's duty to reimburse the developer. (14) After offset, if any funds are due the developer under this section, the City may at its option, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a' credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their required contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the 11-53 Ordinance No. ~ Page 11 Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. (15) A developer may transfer a credit against the Impact Fee to another developer with the written approval of the DirectorCitv Engineer of Public Works in the Director's Citv Engineer's sole discretion. SECTION 18. Procedure for Fee Modification Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the Impact Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the City Council for a waiver or modification of the Impact Fee or the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten days after notice is given of the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or modification, and shall provide an engineering and accounting report showing the overall impact on the Development Impact Fees (DIF) and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Impact Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies Development projects by public agencies, including schools, shall be exempt from the provisions of the Impact Fee. SECTION 20. Assessment District If any assessment, community facilities district or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund or a credit in an amount equal to that portion of the cost included in the calculation of the Impact Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in the Report, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 21. Expiration of this Ordinance 11-54 Ordinance No. ;!898 Page 12 This ordinance shall be of no further force and effect when the City Council determines that the amount of Impact Fees which have been collected reaches an amount equal to the cost of the Facilities. SECTION 22. Time Limit for Judicial Action Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety-day approval period in which parties may protest begins upon the effective date of this ordinance. SECTION 23. Other Not Previously Defined Terms For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 66000 of the State Government Code. (e) "Single Family Attached Dwelling" means a single-family dwelling attached to another single family dwelling, with each dwelling on its own lot. SECTION 24. Effective Date This ordinance shall become effective sixty days after its second reading and adoption. 11-55 Ordinance No. ~ Page 13 Presented by Approved as to form by Clifford g',nIl1S611 Sohaib Al-Agha El1fiHeering DireetorCity Engineer John M. KaheR)' Ann Moore City Attorney J:\Enginec:r\LANDDEV\Projects\Otay Ranch Village ll\ped bridge updatc\Rcvised Ordinance-0ption l.sh.doc Last Updated: 07/05/2005 1: 15 PMQ;:.!QS/2GQ3' 11:11 ,1>_"1 11-56 RESOLUTION NO. 2005- RESOLUTION OF THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY DEVELOPMENT PLANNING AND FINANCING GROUP RECOMMENDING AN UPDATE TO THE PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PROGRAM FOR OTAY RANCH VILLAGE 11 WHEREAS, Brookfield Shea Otay, LLC requested Development Planning & Financing Group to update the "City Of Chula Vista Pedestrian Bridge Development Impact Fee Reportfor Otay Ranch Village ]]"; and, WHEREAS, the City Council established the original Pedestrian Bridge Development hnpact Fee Program for Otay Ranch Village lion February 18, 2003, by Ordinance No. 2898, which set up to fund the construction of the pedestrian bridge facilities within Otay Ranch Village 11; and, WHEREAS, the City Council will consider the approval of an update to the Pedestrian Bridge Development hnpact Fee Program that assures funding for the completion of two pedestrian bridges; and, WHEREAS, the updated "City Of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village ]]", dated May 26, 2005, proposes the adjustment of the Pedestrian Bridge Development hnpact Fee (DIF) from $827 to $1,728 per Equivalent Dwelling Unit (EDU); and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City Of Chula Vista does hereby accept a report titled: "City Of Chula Vista Pedestrian Bridge Development hnpact Fee Report for Otay Ranch Village II", dated May 26, 2005, prepared by Development Planning & Financing Group, a copy of which shall be kept on file in the City Clerk's Office. Presented by Approved as to form by Sohaib AI-Agha City Engineer H:\Engineer\AGENDA\Resos\Resos2005\7-26..o5\Reso to Accept Report_OR Village II Ped DIF.sh.doc Last Updated: 0712012005 3:27 PM 11-57 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 2898 RELATING TO THE PEDESTRIAN BRIDGE DEVELOPMENT IMP ACT FEE PROGRAM FOR OTAY RANCH VILLAGE 11 WHEREAS, the City Council on February 18, 2003 approved Ordinance No. 2898 establishing a Pedestrian Bridge Development Impact Fee ("DIF") Program for Otay Ranch Village 11 and the area of benefit; and, WHEREAS, City Engineering Staff has approved the City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 11, dated February 1, 2003 and the updated Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 11, dated May 26, 2005 ("Report"); and WHEREAS, said Report, recommends the adjustment of the Pedestrian Bridge DIF payable by persons obtaining building permits for developments within Otay Ranch Village 11 benefiting from the construction of these facilities; and WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the report and other information received by the City Council in the course of its business, that imposition and adjustment of the DIF on all developments within Otay Ranch Village 11 in the City of Chula Vista is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and WHEREAS, the City Council has determined that the amount of the DIF levied by this ordinance does not exceed the estimated cost of providing the public facilities identified by the report. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION A. Update Sections 2 and 11 of Ordinance No. 2898 as follows: SECTION 2. Acceptance of Report The City Council has reviewed the proposed Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 11, dated May 26, 2005, and has accepted the same, by Resolution No.200S-XXX, in the form on file in the Office of the City Clerk. SECTION 11. Amount of Fee; Establishing Master Fee Schedule The initial Impact Fee shall be calculated at the rate of $1,728 per Single Family Dwelling Unit (SFD) and $1,281 per Multiple Family Dwelling Unit (MF). Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section E, which shall read as follows: 11-58 Ordinance No. Page 2 "E." Otay Ranch Village II Pedestrian Bridge Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. XXXX that amended Ordinance No. 2898, but said ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the ordinance, or in the event that there are additional rules applicable to the imposition of the Impact Fee, the language ofthe ordinance governs. a. Territory to which Fee Applicable The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth in Exhibit "2" of the City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 11, dated May 26, 2005, and is generally described as the area surrounded by Olympic Parkway, Hunte Parkway and Eastlake Parkway. b. Rate per Residential Land Use and Fee The Impact Fee shall be calculated at the rate of$I,728 per EDU and translated into a fee per land use based on the people per household factor given below. Residential Land Use (MF) EDU's Fee Single Familv (SFD) Multi Familv 1 $1,728 0.74 $1,281 The amount of the fee shall be adjusted, starting on October 1,2006, and on each October I st thereafter, based on the one-year change (from July to July) in the Los Angeles Construction Cost Index (ENR-CCI) as published in the Engineering-News Record Magazine. Adjustments to the above fees based upon the ENR-CCI shall be automatic and shall not require further action of the City Council. The reasons for which adjustments may be made include, but are not limited to, the following: changes in the type, size, location or cost of the Facilities to be financed by the Impact Fee; changes in land use in the City's General Plan; other sound engineering, financing and planning information. Adjustments to the above Impact Fee may be made by resolution amending Ordinance No. 2898. 11-59 Ordinance No. Page 3 c. When Payable The Impact Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. SECTION B. Effective Date This ordinance shall become effective sixty days after its second reading and adoption. SECTION C. Except as specifically amended by herein, all other provlSlons of Ordinance No. 2898 shall remain in full force and effect. Presented by Approved as to form by Sohaib Al-Agha City Engineer H:\Engineer\AGENDA\Resos\Resos2005\7-26-05\Ordinance-OR Village 11 Ped DIF.sh.doc Last Updated, 07/2012005 3028 PM 11-60 COUNCIL AGENDA STATEMENT Item: /2.. Meeting Date: 7-26-05 SUBMITTED BY: Public Hearing: Appeal of the Planning Commission's action to approve a Conditional Use Permit to allow an adult educational facility for 110 students with a five (5) year expiration date, requesting to allow an eight (8) year expiration date. The site is located in an existing building at 2060 Otay Lakes Road in the Eastlake Professional Plaza, Eastlake Commercial District, P A, Professional and Admi~tive Zone. Director of Planning and BUildin~ . r:6.,-':' v \ CIty Manager (4/5ths Vote: Yes No ..K.....J ITEM TITLE: REVIEWED BY: RECOMMENDATION: That the City Council approve the appeal as reflected in the attached Resolution) to allow an educational facility located at 2060 Otay Lakes Road with an eight (8) year expiration date based on the findings and conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission heard this request to allow an adult educational facility for 110 students with a five (5) year expiration date. The Planning Commission approved this request and revised the language to Condition No. III E of the PCC-05-043 Planning Commission Resolution, per the applicants request. The revised language states that the Zoning Administrator can approve the Conditional Use Permit extension, but the five (5) year term will remain. DISCUSSION: Background 1. Proiect Background The project is located along Otay Lakes Road, west of the proposed SR125, and approximately 1,500 feet west of the Village Center North shopping center. The site consists of four parcels, Parcel A (4.34 acres), Parcel B (2.19 acres), Parcel C (2.15 acres), Parcel D (2.05 acres) for a total of 20 acres. A 45,000 sq. ft. LA Fitness Center was approved on Parcel A, and a 36,000 sq. ft. medical/professional office building was approved for Parcel B by the Design Review Committee on January 12, 2004. The University of Phoenix will occupy approximately 12,000 sq. ft of the first floor space of the medical/professional office building on Parcel B, while the other 6,000 sq. ft. of the first floor will be used for future tenants. The educational facility requires a conditional use permit to be approved by the Planning Commission per the Eastlake Commercial District, P A, Professional and Administrative Zone. 12-1 Page 2, Item No.: 12- Meeting Date: 7/26/05 The Planning Commission approved the project on June 8, 2005 along with revising the language to Condition No. III E of the PCC-05-043 Planning Commission Resolution, per the applicants request. The original language in the condition stated, "This permit shall expire five (5) years after the date of its approval by the Planning Commission. The Planning Commission shall have the authority to extend the term of this permit, on the condition that the applicant shall submit and secure approval of any application for an extension of the permit at least one year prior to the expiration date. Otherwise a new application shall be required". The Planning Commission opened the hearing and heard testimony from the applicant who requested an eight (8) year expiration instead of the proposed five (5) year expiration date to coincide with the applicants lease agreement, which is for 7 years 6 months. The applicant also wanted the Zoning Administrator to be able to approve the extension of the Conditional Use Permit instead of the Planning Commission. In hearing discussions, the Commission noted that the Zoning Administrator could approve the extension of the Conditional Use Permit but the five (5) year expiration date should remain. The Commission's [mdings are included in the attached Planning Commission resolution. The applicant has appealed the decision, requesting that the City Council extend the expiration date to eight (8) years. 2. Site Characteristics The site is located south of Otay Lakes Road, east of Otay Ranch Village I residential subdivision and west of the proposed SR-125 (see Locator). The site is approximately 20 to 25 feet above Otay Lakes Road, and contains an approximate 120-foot SDG&E easement along the site's eastern property line. The site is graded and partially improved with two buildings along Otay Lakes Road, one of which the University of Phoenix will occupy. 3. General Plan. Zoning and Land Use Site: North: South: East: West: General Plan Professional Office Residential, Low-Medium Professional Office Residential Medium Village Commercial Retail Zoning PC-PA PC-RI PC-PA PC-RI PC-CR Current Land Use Vacant/OfficelFitness Center Single- Family Residential Undeveloped/Office/Commercial Single- Family Residential SRl25/Commercial Shopping Center 4. ProDosal The University of Phoenix proposes an educational facility for college aged students 18 years and older. The University offers undergraduate and advanced degrees to working adults in business, nursing, and other fields. There will be a maximum of 110 students at one time on the campus and seventeen employees. There will be five classrooms, a student resource center, study rooms, student lounge, and administrative offices. The hours of operation will be Monday through Friday 8:00 a.m. - 10:30 p.m., Saturday 9:00 a.m. -10:00 p.m. The primary function on Monday through Friday from 8:00 a.m. - 5:30 p.m. will include general office and administrative 12-2 Page 3, Item No.: Meeting Date: 7/26/05 functions. Students will be attending scheduled classes primarily from 5:30 p.m.-l0:00 p.m. Monday through Friday, and from 9:00 a.m. - 10:00 p.m. on Saturday. Students will therefore be attending classes after the normal business hours of the building during the week and on Saturday. Parking for the LA Fitness Health Club is provided all on Parcel A. On Parcel B, there are 144 shared parking spaces for all tenants in Parcel B. Per the tenant lease agreement, the University of Phoenix will have an exclusive right to use a total of 110 parking spaces from 5:30 p.m.-10:00 p.m. Monday through Friday, and up to 75 parking spaces from 9:00 a.m. - 10:00 p.m. on Saturday, since the other tenants will not be in operation during this time. ANALYSIS: The University of Phoenix project is located in the Planned Community Professional and Administrative (PC-PA) Zone, which is intended to provide an opportunity for commercial and quasi-public uses such as an educational facility. The educational facility requires a conditional use permit to be approved by the Planning Commission per the Eastlake Commercial District, P A, Professional and Administrative Zone. The site currently has only two tenants, LA Fitness and Premier Realty Office with future tenants to be determined. The site is also proximate to Chula Vista Community Park, Eastlake High School, and three shopping centers. Staff has determined that the project will not be a detriment to the area because all access will be off of Otay Lakes Road, which is a major thoroughfare designed to accommodate the volume of traffic. The proposed use is compatible with the existing surrounding uses and will provide a desirable community service for the residences. The lot has sufficient number of parking spaces provided for each tenant that will occupy these buildings. A traffic study was conducted per the Planning Division request and not per CEQA requirements to determine the adequacy of the on-site circulation, shared parking, signal and driveway approach off Otay Lakes Road (See Attachment 3). Based on the different types of uses in the existing buildings, the trip generation has been decreased by approximately 800 daily trips. So, therefore, it was found that no additional changes would have to be made and the existing conditions were adequate for the traffic from the proposed use. No existing changes will occur to the exterior of the building, which is visibly compatible with the surrounding office buildings on the site. At the Planning Commission hearings, the Commission revised the condition in the Draft Resolution to allow the Zoning Administrator to approve the extension of the Conditional Use Permit but retaining the five (5) year expiration date. The Planning Commission did not specify the reason for the denial of the extension. Five (5) years is the typical expiration date applied to Conditional Use Permits for schools in order for the city to re-evaluate the conditions of the use on the property five (5) years from the date of the approval. Staff is not opposed to the additional three (3) years added onto the expiration date. Standard language in the conditions will allow the city to address any problems that might occur at any time during the initial eight (8) year period. The additional extension will also coincide with the applicants lease agreement, which is for 7 years 6 months. If the school wishes not to continue the lease, then no further application is required from the city. 12-3 Page 4, Item No.: Meeting Date: 7/26/05 CONCLUSION The five year expiration date for a Conditional Use Permit has been a standard typically applied by the Planning Commission. This has been particularly beneficial in situations where there is a likely potential for conflicts with adjacent land uses. In this case, the proposed use as described earlier is in a commercial/office setting and therefore has minimal opportunities to create problems for adjacent uses. Staff therefore believes that the applicants request is reasonable and will accommodate the applicants lease agreement. Staff recommends adoption of the attached Resolution) approving an educational facility located in an existing building at 2060 Otay Lakes Road with an eight (8) year expiration date, in accordance with the findings and conditions contained herein. FISCAL IMPACT: None Attachments I. Locator Map 2. Planning Commission Resolution PCC-oS-043 3. Traffic Study 4. Applicants Appeal Letter J:\Planning\Carolinc:\Discretionary Permit\PCC-05-043 CC Agenda Statement 12-4 ~ ~ ( ,." c: -l S '" rr; en ::<l I I t.., Vl 0-4 d t-" t' .~ - (5 ..... . .... ~. .-< LEGEND. [J Project LccatiQn 12-5 RESOLUTION NO. PCC 05-043 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT, PCC-05-043, TO ALLOW AN ADULT EDUCATIONAL FACILITY LOCATED IN AN EXISTING BUILDING AT 2060 OTAY LAKES ROAD IN THE EASTLAKE PROFESSIONAL PLAZA, EASTLAKE COMMERCIAL DISTRICT, PA, PROFESSIONAL AND ADMINISTRATIVE ZONE. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on March 11,2005, by Harlon Lindholm on behalf of the University of Phoenix; and WHEREAS, said applicant requests permission to allow an educational facility located in an existing building in the Eastlake Professional Plaza, Eastlake Commercial District, P A, Professional and Administrative Zone; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously certified Eastlake Trails/Greens Replanning Program Final Subsequent Environmental Impact Report (EIR 97-04) and associated Mitigation Monitoring and Reporting Program. Thus, no further environmental review or documentation is necessary; WHEREAS, the Planning 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 owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely June 8, 2005, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and describes, thereunder, the evidentiary basis that permits the stated finding to be made. 12-6 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 requested uses will take place within an existing office building and associated parking lot surrounded by commercial, residential, and school uses. This proposal will provide additional educational services to the citizens in the community. Such services benefit the citizens of Chula Vista both economically and socially (increased income, lower crime, less dependence on social programs, etc.). 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 proposal will not adversely impact the existing uses currently in the Eastlake Professional Plaza, Eastlake Commercial District, P A, Professional and Administrative Zone or any of the surrounding residential neighborhoods. The classes will be held in the evening and weekend hours not to conflict with the other tenants. The parking spaces provided are adequate for the proposed use. Access is only from Otay Lakes Road and a traffic study determined that no additional changes would have to be made and the existing conditions were adequate for the traffic from the proposed use. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of PCC-05-043 requires compliance with all conditions, codes and regulations, as applicable, prior to the final issuance of any permit for or occupancy of any building on the property. The Planning Commission finds that the request meets the code requirements as follows: (A) The Eastlake Commercial District, PA, Professional and Administrative Zone defines an educational facility as a public and semi-public use that requires a conditional use permit to be approved by the Planning Commission. (B) The parking spaces provided are adequate for the proposed uses. (C) The proposed use does not go above the allowed threshold per the traffic study to warrant any changes. (D) No existing changes will occur to the exterior of the building, which is visibly compatible with the surrounding office and commercial buildings on the site. 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 Project will increase the educational opportunities for citizens in the community and conforms to all elements of the General Plan and other adopted plans affecting the Project Site. Furthermore, the Project is proposed to be operated on an already developed site, with easy access to public facilities (water, sewer, public roadways etc). BE IT FURTHER RESOLVED that the Planning Commission of the City ofChula Vista hereby grants Conditional Use Permit PCC-05-043 subject to the following conditions: 12-7 I. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance on this approval, the applicant shall satisfy the following requirements: Planning and Building Department Conditions: A. Building Permits are required. Plans must comply with 2001 CBC, CMC, CPC and CEC Plans submitted on or after July 1, 2005 must comply with the new Handicapped Accessibility requirements. Plans submitted on or after October 1, 2005 must comply with the new Energy Requirements. Seismic zone 4, wind speed 70mph, exposure C. B. The open office space with the cubicles needs to provide a second exit directly to the outside of the building, since the occupancy load exceeds 30 persons. Vocational rooms also will need a second exit directly outside, because of potential occupant load in excess 000 persons. C. On the building permit, state the type of construction for Building B and its occupancies. Construction and types of occupancies must comply with Chapter 5 of the CBC. Also, setbacks from property lines must comply with all CBC requirements. D. The applicant shall apply for a sign permit to be approved by the Planning Division for all proposed signage. Conservation and Environmental Services Department Conditions: E. Each applicant for a land use or building permit shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval as a part of the permit process. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Section 8.24, 8.25, and 19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated by all residential, commercial and industrial developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The 'Recycling and Solid Waste Management Plan" features should be identified on the building plans. A "Recycling and Solid Waste Planning Manual" is available at the Planning Division counter or through the City Manger's Office (619) 691-5122, conservationlalci.chula-vista.ca.us. Fire Department Conditions: F. The project shall comply with the 2001 California Fire and Building Code. II. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met: A. The site shall be developed and maintained in accordance with the approved plans, dated March 11, 2005, which include site plans and floor plans, on file in the Planning Division, the conditions contained herein, Title 19, and the Eastlake Commercial District, P A, Professional and Administrative Zone. B. The applicant shall comply with all Fire Department Regulations prior to occupancy of building. 12-8 C. The project shall comply with all conditions tied to approval of the Environmental Review, EIR.-97-04. D. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. E. This permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. III. The following on-going condition shall apply to the subject property as long as it relies upon this approval. A. Ensure that the proposal complies with the parameters of the use outlined in the application and supplemental materials submitted therewith including, but not limited to, the following: a. A maximum of 110 students area allowed at one time on the campus; b. School hours shall be limited to Monday through Friday between the hours of 8:00 a.m. -10:30 p.m., and Saturday between the hours of9:00 a.m. -10:00 p.m. B. The Permittee shall enter into and maintain an agreement with the property owner to ensure the exclusive right to use 110 parking spaces from 5:30 p.m.-lO:OO p.m. Monday through Friday, and up to 75 parking spaces from 9:00 a.m. - 10:00 p.m. on Saturday. Any changes to the agreement between operator and property owner which reduce the available parking spaces shall be approved by the Director of Planning and Building Department. C. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use p=it is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the applicant/property owner shall provide the Planning Division with a recorded copy of said document. D. This p=it shall be subject to any and all new, modified or deleted conditions imposed after approval of this p=it 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 P=ittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. E. This permit shall expire five (5) years after the date of its approval by the Planning Commission. The Zoning Administrator shall have the authority to extend the term of this permit, on the condition that the applicant shall submit and -secure approval of any application for an extension of the permit at least one year prior to the expiration date. Otherwise a new application shall be required. 12-9 F. Any change to the operational profile of this Project, any request for an expansion of the use as described herein, or any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. G. The applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (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, ant 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. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Planning and Building Department. Failure to return said document to the Department shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Representative Date NOTICE OF EXEMPTION The Planning Commission directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. INVALIDITY; AUTOMATIC REVOCATION 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. 12-10 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of June, 2005, by the following vote, to-wit: AYES: NOES: ABSTAIN: ABSENT: Felber, O'Neill, Cortes, Hall, Tripp Madrid, Horn Mp~ ATTEST: ~ Diana Vargas, See tary JlPlanninglCarolineIDiscretionary PermitsIPCC-05-043 PC Reso 12-11 ~ Transportation Consultants May 11,2005 Dan Matula Triad Partners, Inc. 8001 Irvine Center Drive, Suite 1000 Irvine, CA 92618 Via E-mail: Dmatulai1UtriadDartners.net Re: University ofPhoenixlLA Fitness and ProfessionallMedical Office Access Study (Project No. 283-001) '. Dear Mr. Matula: As per your request we have revised our traffic study to reflect the City of Chula Vista co=ents/revisions outlined in the May 6th, 2005 letter requesting modifications to trip generation, additional discussion related to overall ADT for the parcel and shared parking analysis for the proposed Professional!Medical Office and associated adjacent development fu the City of Chula Vista. The proposed project site consists of a 36,000 square foot professional/medical office building, a University of Phoenix facility (in the same building) and an adjacent 45,000 square foot LA Fitness Center in a separate building. Figure 1 shows the vicinity of the project site. The proposed project is located south of Otay Lakes Road, between the project main access road (east of Saint Claire Drive) and the future SR-125 SB Ramps. Figure 2 shows the proposed project site location. The purpose of this analysis is to determine the adequacy of on-site circulation, vehicle storage and shared parking related to the mixed-use nature of the land uses on the site. In particular, the City has required the applicant to investigate potential queuing at the new signa1ized intersection of Otay Lakes Road and the site access road. Both the University of Phoenix and the LA Fitness Center have an inbound component of traffic in the p.m. peak hour, which is directly opposite that of the medicaVprofessional office and could potentially create queuing concerns for westbound vehicles entering the project site. Otay Lakes Road Access Study The study intersection of Otay Lakes RoadlProject Access Road is located to the west of the future SR-125 SB Ramps. The access is provided to the project via the south leg of the Otay Lakes RoadlProject Access Road intersection. Otay Lakes Road in the vicinity of the project is a six-lane roadway with three lanes in each direction. Two exclusive 200-foot westbound left-turn lanes are provided at the study intersection for ingress to the project site. The northbound approach consists of one left turn lane and one right turn lane each with approximately 100 feet of storage, in each lane. The intersection is currently signalized with protected left-turn phasing westbound. 92S-4S3-Ol111 phoM 925-483-3690 fix _lIkmlXll'Tl PlEASANTQN SANTA ROSA 5960 InglPlOOd OIiv8, SuIte 100 P!.aanton, CA 94588-8535 l~~.i~e x:r~:at~:e !:fa~n~'p~ r,'l.at:~i ~ nr c~,~tI U!A~<n5 ~. :" ~t;tb"':f h(~/riil h"t ~.p~9:P 1€~~. . .' 1 !=i 2 r--------;, . ..... ,; ". r-"'/- '. . , / "L.____ RJVERSIDE COUNTY -------..-..- SAN DIEGO COUNTY Camp Pendleton ',-" Pac Ocean c Ii NORTH Not to Scale City of Chula Vista Otay Lakes Road Access Study Vicinity Map 1 ~ Figure 283-001 . 5t'2I05 - VG 12-'S EASTlAKE VILLAGE CENTER I I I \ : Project I Site : I I I I I I . CHULA VISTA COMMUNITY PARK . LEGEND . Study Intersection City of Chula Vista Otay Lakes Road Access Study Proposed Project Site Location n NORlH Not to Scai8 Figure ~ 2B3-001-5i2I05.VG 1~-'1~ 2 Dan Matula May 11, 2005 4 The study intersection was analyzed using the methodologies described in Chapter 16 of Highway Capacity Manual 2000 (HCM) contained by the software Synchro 5. O. The traffic volumes along Otay Lakes Road used in the traffic analysis were provided by the City of Chula Vista and are from the Draft 20 I 0 traffic model with Proposed General Plan Land Uses. The heaviest traffic movement is eastbound carrying 1,744 vehicles during the p.rn.. peak hour. The westbound p.m. peak hour traffic volume is 1,212 vehicles. The proposed development consists of a 36,000 square foot professional/medical building of which 12,000 square feet will be occupied by the University of Phoenix on the ground floor and a 45,000 square foot LA Fitness Center (Health Club) located in the adjacent building. It is important to note that the 36,000 square foot professional/medical building was originally approved as a medical building potentially generating 1800 ADT (50 trips/IOOOsf). The building, as it is currently planned, has approximately 10,000 square feet of medical office, approximately 14,000 square feet of professional office and approximately 12,000 square feet for the University of Phoenix. Based on the new mixed-use nature of the building, the trip generation for the building has been decreased by approximately 800 daily trips. The proposed project with mixed-land use is expected to generate 3,713 daily trips and 472 trips during p.m. peak hour. The proposed project trips were obtained using San Diego Association of Government (SANDAG) Trip Generation Rates for the medical office, professional office and site-specific information obtained from the applicant for the University of Phoenix and LA Fitness Center. Table I summarizes the proposed project trip generation. TABLE I: PROPOSED PROJECT 1'RJp GENERATION Daily PM Peak Hour Use Size (KSF) P.M. Rate Trips Rate In:Out In Out Total Medical Office [1] 10.0 50.0 SOO . 30:70 17 39 56 Professional Office 14.0 20.0 280 - 20:80 7 29 36 [2J University of 12.0 19.0 228 - . 110 0 110 Phoenix [3] LA Fitness 14] 45.0 60.1 2705 6.02 61:39 165 106 271 TOTAL 3,713 299 174 473 Notes: [I] Th, PM p,ektrip ralss ,ra b,sod on San Diogo Assoclalion 01 Govommants (SANDAG) ElIi,lGuid' olvohiculorTrame GeneraliOll Rates forthe San Diego Region, ApriI2OD2. EstJmated weekday trip gen81ation rats Is 50 vehicles per thousand sqUanJ feet and the PM peak hour tramc Is 11 percert of total daily trips with a 30% inbound and 10% outbound diflr;tional split. [2} The PM peak trip rates arB based 011 San Diego Association of Govemments (SANDAG) SrlefGuide afvehicuJar Traffic Generation Rates forthe San Diego Region, Aprif 2002. Estimated"weekdaytrip generation rate is 20 vehicl8s perfhausand square 10&1 end tho PM p,ek hour I1aIllc is 13 pllfCflnt of Iolaf daUy trips wiI1la 2Ol\ inbound and 8U'h outbound dira_aI spill. [3] Th, PM peak trip ralss ara bos.d on III, inlDrmelion pro'lidoo by Th, Univer>ity 01 Pho,nix, written statem,nt ft1r Conditional Use Permit. To be conseMltive aflthe trips generated scheduJedto ilITivs between 5:30-10:3Q p.m. IiI8 assumed to entBrthe IeciIity during III, p.rn. peek hour. [4] SOUItfl: D,_osada Shopping Canlsr Trame Study. 71ro hoallh ciub p.m. peek hour trip genoralion rats 0/6.01 trips per thousand sqll8fV fest of building floor arsa was derived from surveys conducted at two simRar Los Angeles arsa health dubs. A p.m. peak hour distrfbutJonaJ spilt of 61% inbound and 39% outbound was based on data provided in the ITE Trip Generation Manual. The daily trips wers derived by the assumption that the totar p.m. peak hour traffic volume mp18sents 10 percent at the dally !lame ,""ums. It is importantto note that proposed trip generation 00,713 daily trips is approximately 50% of the previously approved 7,410 trips as part of the Eastlake Trails/Greens Replanning Program Final Subsequent Environmental Impact Report (EIR# 97-04) for the development of the overall site. 1~-:"1fs Dan Matula May 11, 2005 5 Therefore, the remaining 3,697 trips should be adequate for future development of the remainder of the site. Additionally, it is also important to note, that for the purposes ofana1ysis of the p.m. peak hour, the trip generation for the proposed project is considered conservative since all of the 110 students/faculty for the University of Phoenix were assumed to arrive during the p.m. peak hour. The proposed project trip distribution assumptions were developed based on existing travel patterns, knowledge of the study area and potential future patronage for the proposed mixed land use. The project trips were assigoed to the study area and the study intersection using these assumptions. In the year 2010, during the p.m. peak hour, the project only trips assigoed at the study intersection are as follows: . 120 eastbound right-turning vehicles . 179 westbound left-turning vehicles . 70 northbound left-turning vehicles · 104 northbound right-turning vehicles In summary, 299 vehicles are entering and 174 vehicles are leaving tli.e proposed project site during the p.m. peak hour. The proposed project site plan is shown in Figure 3. These trips were added to the Year 2010 volumes to obtain the levels of service. The study intersection is expected to operate at LOS A with 8.5 seconds delay during the p.m. peak hour with the added trips. The levels of service for the Ye,ar 2010 plus Proposed Project Conditions scenario are summarized as shown in Table II. TABLE n: INTERsECTION LEvELS OF SERVICE - YEAR 2010 PLus PROPOSED PRoner CONDmONS PM. PHk Hour intersection Conlral DeleyNeh rseeJ LOS Otay Lakes RoadIProject Main Access Road Signal 8.5 A A Synchro 5.0 analysis shows a queue length of three vehicles for the northbound left-turn movement leaving the site (approximately 75 feet) and three vehicles (approxinlately 75,feet) for each of the westbound left-turn lanes entering the site during the p.m. peak hour. The proposed lengths of left- lum bays in northbound and westbound direction are adequate to handle the queuing. Intersection . levels of service/queuing worksheets are attached. An evaluation of the proposed site plan, including site access, circulation and shared parking was performed. The proposed site plan, with the mixed land use of medical, professional and educational uses, which has been reduced by approximately 800 trips from the previously approved medical office only project, provides adequate site access and circulation to meet project traffic demand. The main access driveway on Otay Lakes Road will provide sufficient capacity for the on-site circulation, and has adequate capacity to handle the project traffic volumes. The sigoalizcd intersection will operate at LOS A with the project and sufficient storage for queuing vehicles for ingress and egress to the project site is provided. ,2r-1f6 .il ~ J peo'd 110.1 5! I 'liS a.m:m:l d -JIO P'''l/ I/OJ.SZI_~S ~ '" <tq,.....O II II II II II " " " II II II " II II II II II II II I Ii Ii I II I . II I 8 Ii I ~ Ii I I II I Ii I II I :~!~~~ o 1'i '" ~ w '" :s ~ o .....,.("....:..,... - '- - '. - ;;;:;:..'. .<. fl~t d "''' '. . I ::E~ !a . iw" ":-: , 111,:_ :" -0...;: r ~ ,2z":16, Gl ;:;('1') Cl ii: c C'C:l - 0. >-ell "'0_ ::1._ Ci5en 00'0 gj ell 0._ o 0 ~ <( D.... - "'0 .!!l ~ >- > c: ... ~ C'C:l "S !!! c ~ ~ ~.- ~~ E . ~j.- ~ o >-Ci) ~ >-~... ~ --0. C3 0 re Dan Matula May II, 2005 7 Additionally, wherever a mixture of land uses is located on a single site, it is an accepted practice to utilize the concept of "shared parking" to determine the appropriate parking requirement. As is the case with the office and educational land uses, different land uses have peak parking demand at different times. Therefore, a mixed-use development of office/educational development is less than the sum of the parking requirement for the previously approved individual land use of medical office only. Statistics show that parking demand for office or medical office are reduced by 50% or more after 5 p.rn. Sufficient spaces are already provided to acco=odate the University of Phoenix students/faculty, however, based on the shared parking concept, additional parking will be available for the University of Phoenix due to the reduction in demand for parking after 5 p.m. Based on the queuing and LOS results it can be concluded that the intersection will operate acceptably with the current lane configuration. Please feel free to contact us if you have further questions. Thanks for providing us the opportunity to conduct this traffic study. tk~ 'D. ~ Sincerely, Chris Kinzel, P.E. President I:\Jurisdiction\OChula Visra\283-001_0tay Lakes\Rcpon\UOP Letter Rrnsed May 11 2OOS.doc 12::'8 Baseline 1: Otay Lakes Road & Project Access Road 5/11/2005 " .- - ~ /" - ~:$~fl~~]';_~1"~~~-r{'f#~' ~~~~~~! Lane Configurations ttt> lj' , ld~f Flow (vphpl) 1.000 1900 1.9dQ 190Q Lane Width (ft) 12 12 12 12 Gl<\de (%) 0% Storage Length (ft) 0 200 0 Sto(age LImes 0 2 1 Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 Leadi!'lgD!!tector eft) 50 50 .50 50 Trailing Detector (ft) 0 0 0 0 Turning S~ {rtiph} 9 15 9 Said. Flow (prol) 5034 0 3433 5085 1583 Fit PenTli\ted 0.9S0 Said. Flow (perm) 5034 0 3433 5085 1583 Right Turn on Red Yes Yes Said. Flow (RTOR) 22 113 Link Speed (rnph) 35 35 30 Link Distance (ft) 2704 2608 2080 Trllvel Time(s) 52.7 50.8 47.3 Volume (vph) 1744 120 179 1212 70 104 Confl. Peps; (#lhr) Conn. Bikes (#lhr) Pellk HO!Jr Fa~or 0.92 0.!l2 0.92 0.9~ 0.92 0.92 Growth Factor 100% 100% 100% 100% 100% 100% HeavY VehicJes(%) 2% 2% 2% 2% 2% 2% Bus Blockages (#lhr) 0 0 0 0 0 0 PJ;!rklng (#iht) Mid-Block Traffic (%) 0% 0% 0% Lane Group Flow (vph) 2026 0 195 1317 76 113 Turn Type Prot custom Protected Pliases 4 3- 8 Permitted Phases 2 2 Total Spill (s) :34.0 0.0 10.0 44.0 21;0 21.d Act Effct Green (s) 27.7 6.0 35.0 7.9 7.9 Actuated gle Ratio 0.54 0.11 0.68 0.15 0.15 vlc Ratio 0.74 0.50 0.38 0.28 0.33 Uniform Delay, d1 9.3 23..1 3.3 19.5 0.0 Delay 10.0 24.3 3.5 21.6 5.7 LOS A C A c A Approach Delay 10.0 6.2 12.1 Approach LOS A A B Queue Length SOth (ft) 167 32 43 23 0 Queue Length 95th (ft) 249 62 75 55 35 Internal Link Dist (ft) 2624 2528 2000 SOthl,Jp Biock Time (%) 95th Up Block Time (%) Turn Bay Length (ft) 200 100 50th Bay Block Tim e % 95th Bay Block time % Queuing Penalty (veh) J:\Jurisdiclion\C\Chula Visla\283-001_0tay LakeslAnalysis\Year 2010 w SR 125_with Proj _ PM.syS tjkmtrsant-st51 Page 1 n- J13g 1: Otay Lakes Road & Project Access Road Baseline 5/11/2005 ~~~fim~~1I1i1f~~~f~~'i\~~i~t~[~~~~lii.~~~~1~~~~~~~~1~!~Il!~~~~ji~~~; Area Type: Other CyCle ~ei1gfh: 6~ . . Actuated Cycle Length: 51.4 Contr.oi TYPe: ,Mfuat!ldcUncOordinat"d Maximum vie Ratio: 0.74 Int~rsecijQr1 Signal Delay: 8,5 ' Intersection Capacity Utilization 59.3% Interllection LOS: A ICU Level of Service A Splits and Phases: 1: Otay Lakes Road & Project Access Road ., , '~A' 82 .,_ !St. ~. ...-.;-~~---.:;.~,.:-"" ''''''.', . '!'".~i}~~ J:\Jurisdiction\C\Chula Vista\283-001_0tay Lakes\AnalysisWear 2010 w SR 125_with Proj -PM.sy6 tjkmtrsant-st51 Page 2 f2'J~O JUN, 15,2005 4:26PM TRIAD PARTNERS INC NO. 2481-P. 2 f5) [EC~D~~ ru:' tn1 JUN 1 6 2005 IY' city or Ch~la V1sta P l.a.nnir.u;r DapILrI::IIllUll: PLANNING Oat.. hoe! Yea F... Paid Raceil;lt No. Case. No: !c.... -05 9,\'-\.1\~) APPEAl FORM Appaa:t. from thla decision of: _Zoning -1LPllUlIlil:lq --..O..sig'l'I Raview AdJain:i,s~21tor C:ommission C01llllli1:tee Nll.lJll!l o:e Appellant: The Cnivarsity of Phoanix, In~ Phone ( 714\ 779-6071 Rome Address N/A Business Address 4305 Hidden O~ks DriVe, Yorba Lind~. CA 9'-B8nl l~~n. R~rl~n Linaholm proj act Ad<il:'elilS 20 lie Dtay Lakes Road, Ilhula Vista, CA projllct De.s<;:ription Concitional Use Pernit (Example: zone chug'e, vari...,ce:, design re.view, etO) Please: Use the. space below to provide a response to the decision yo~ ~e app~ing. A1:'eaob additional shee;l:s ~ neoessary. Please SBe the attaohed. ~~~ ----------------------------------------------------------------------------- '-I, C' l-&#re~, DI.1;:e Do net Write It, this SpacE! ---- Plannin~ C~5s1on The above matter hall bel!J1 lIchadl11..d for puh~ic hearing before thaI City CCIUlJeU on P~~ninq Commillsion Secretary city Clark Rav. 6/96 81)OflJ ~NlITUna 'I DNlblN'rld .....:> XV4 ts:tt IO/~t/90 12-21 JUN, 15,2005 4: 26PM TRIAD PARTNERS INC NO, 2481-P, 3 . . nm CITY OF CHtll..A ~A Dl>e:LCisURB :rrAT.EMENr You arc roquirCd 10 file .. S13tcmCllt of Discla~um of ccnaIli :lMlar.;b.lp or I1Danclal IILtcrm.s, ~cnlS. or c:unpalp <oall"illutlons,ou a.U lIlattf.l$ 9illicll WiU ''''IllITe c!Isl:tClloll&l]'a<:1.icn on lhe pan or the Oty CoWlcil, PJ.lIZIlDg CcllUDlssloo, IO~ all otller offidal bodies. '!boo follcwlalllnCal1tllllloD mun be ~!5dr...s, 1. LI$t the names of all pc"'olllllla"flna a Ilnaatlal ;"l=:st !II the prap.ny wIlJeIlls the IUbj"'" of tIIc appIlC:ltion or tile OC;lllnot, ll,.1}. o,."e" appli...o.. CO'UflCIDf, ~ubconlncto', "'.=lal suppUer. Triad Villaae West. L.P. The UniV8%sity of Phoenix, Inc. 2. If any \,=00' idClltllled pUUIJ"nllo (1) abO'l~ is a carpontloo '" partD...lLip.lisr tha names ofall iII~MdaalS owolJlg more tlIau 10% of tile Ibares IlL tbe l:Ol]lOr.otiOIl or oWlliDg any pBttoenhlp lntellSllD lb. plIruaonhip. Aco11o Dev@lonm~nt Cqrn. Joseph D. Carroll, as Trustee Dr. Donald Tuvarsnn. Tr.u!!IIIt:ei!! of the Tuverson Family Trust dated of the Carroll family trust September 5, 1972, as amended 3. lI~~}pg.o~i~g'tIn~'Ptlb't~lt 10 (1) abovc is non-plofiL CT~anl2alloll or a tn5l, ti>r. tbc namrs of allY pClSon oerving as dir=r 0/ the non-profit nrgan!z;otion 0, ILl tnl5lce or berlelldlU}' or lMI$tor of !lie IluSt N/A 4. Haw'Yoq had mOre Ihan S2S0wortb oIbu$iIle,;. tr:wactel w.i1h :my m~ber of lhe Clry sial!, Baanls, CommJ:;sjans, Committees, alld Oluncil within lbe past xwcl.c mOnths? Yu_ No...x.. If yes, please indic1l8 pOlllon($):"_ s_ i'l=e ic!""l~ each lUId "",cry pcn;on, lndading any 1ge1lll, employees, consultanlS, or lndCPOlld.uI coutrlIClDTI "be you b"". lI!5lgned to rapr..elll you bcforo the City in lbiI maner. Harlan Idndhnlm Joseph D. Carroll 6. Have you andrDr year atflccn; or agents, In thc ag,gregatc, conUibtlteJllllor. thall 51,000 10 a QlImdlmcmber In the current or prcc:d'log elecllOI1 period' YtS_ No-lt IJ' yes, SIale wlIlcll Col1llollmClIlbcr(s): Dal"': .. .. .. (NOTE:: AtlaCh addilfolllll ~... n1 . (,. I J <C'" 1- --- C"' __ ~ ~ :..- . aturc of cootlJ'CCDrlapplicllJJ.t , ~ '1....~~ lI..:l..\.\.:........!!. l'rlnl or typc lDIma of conaacror/appUCl.' . P...."ud.:fil,t1l~ ':<I'o'/lJdil'idlull,Jltm.CD~~""'""","'"",,,,"",'_oM.,l..-~... .........."""""""'__....."""'-.~ 1hJ:..a 1Jl11<rrM-"'....g\ d~. """ """""11 dl).~""\ rIl:or1Cl. <If.m.rpoHd..J,.},db>lri..., .,..,.'-P"P <If ~ .....,........... otD~ llNlcrlIJ1Q .. 9ll1'INlI'nd -A.'O ZV4 Ta:l1 aO/~1/9D 12-22 v,m. I). ,VV? 't: LlrlVI IKIAU rAKINtK~ INL NO. 2481 P. 4 Our application for a conditional use pennit (the "CUP") for The University of Phoenix ("UOP") was granted on June 8, 2005, in Resolution No. PCC 05-043 (the "Resolution"). Section III.E. of the F:esolution limits the initial term of the CUP to 5 years from the date of approval. UOP has signed a lease in the project for an initial term of 7 years and" month s from the CUP approval, which lease term eXCeeds the 5 year term of the CUP. As a result, the CUP could expire prior to the lease expiration, creating legal complications. Furthermore, UOP and the project owner will invest significant dollars in tenant improvements based on the longer lease term and, therefore, the shorter 5 year CUP term creates undue financial burdens on landlord and tenant. In light of these facts, UOP requests that the CUP expiration date be extended to be consistent with the lease term and financial Investment in tenant improvements. Specifically, we request a CUP expiration date of October 31, 2012 (7 years and" months from CUP approval). 12-23 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT, PCC-05-043, TO ALLOW AN ADULT EDUCATIONAL FACILITY FOR A PERIOD OF EIGHT (8) YEARS LOCATED IN AN EXISTING BUILDING AT 2060 OTAY LAKES ROAD IN THE EASTLAKE PROFESSIONAL PLAZA, EASTLAKE COMMERCIAL DISTRICT, PA, PROFESSIONAL AND ADMINISTRATIVE ZONE. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on March 11, 2005, by Harlon Lindholm on behalf of the University of Phoenix; and WHEREAS, said applicant requests permission to allow an educational facility located in an existing building in the Eastlake Professional Plaza, Eastlake Commercial District, P A, Professional and Administrative Zone; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in the previously certified Eastlake Trails/Greens Replanning Program Final Subsequent Environmental Impact Report (EIR 97-04) and associated Mitigation Monitoring and Reporting Program. Thus, no further environmental review or documentation is necessary; WHEREAS, the Planning Commission held a public hearing on June 8, 2005 and voted 5-0-2-0 to approve the project for a period of five (5) years based on the findings and subject to the conditions contained herein; and WHEREAS, the applicant appealed the decision, requesting the City Council to extend the expiration date to eight (8) years instead of five (5) years; and WHEREAS, the City Clerk 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 owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely July 26, 2005, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the conditional use permit application, the City Council voted to approve the conditional use permit; and 12-24 WHEREAS, the City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made. I. 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 requested uses will take place within an existing office building and associated parking lot surrounded by commercial, residential, and school uses. This proposal will provide additional educational services to the surrounding residents. Such services benefit the citizens of Chula Vista both economically and socially (increased income, lower crime, less dependence on social programs, etc.). 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 proposal will not adversely impact the existing uses currently in the Eastlake Professional Plaza, Eastlake Commercial District, P A, Professional and Administrative Zone or any of the surrounding residential neighborhoods. The classes will be held in the evening and weekend hours not to conflict with the other tenants. The parking spaces provided are adequate for the proposed use. Access is only from Otay Lakes Road and a traffic study determined that no additional changes would have to be made and the existing conditions were adequate for the traffic from the proposed use. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of PCC-05-043 requires compliance with all conditions, codes and regulations, as applicable, prior to the final issuance of any permit for or occupancy of any building on the property. The Planning Commission finds that the request meets the code requirements as follows: (A) The Eastlake Commercial District, PA, Professional and Administrative Zone defines an educational facility as a public and semi-public use that requires a conditional use permit to be approved by the Planning Commission. (B) The number of parking spaces provided are adequate for the proposed uses. (C) The proposed use does not go above the allowed threshold per the traffic study to warrant any changes. (D) No existing changes will occur to the exterior of the building, which is visibly compatible with the surrounding office and commercial buildings on the site. 12-25 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The Project will increase the educational opportunities for citizens in the conununity and conforms to all elements of the General Plan and other adopted plans affecting the Project Site. Futhermore, the Project is proposed to be operated on an already developed site, with easy access to public facilities (water, sewer, public roadways, etc.). WHEREAS, the City Council of the City of Chula Vista grants Conditional Use Permit PCC-05-043 subject to the following conditions required to be satisfied by the applicant and/or property owner( s): I. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance on this approval, the applicant shall satisfy the following requirements: Planning and Building Department Conditions: A. A Building Permit is required. Plans must comply with 2001 CBC, CMC, CPC and CEC Plans submitted on or after July I, 2005 must comply with the new Handicapped Accessibility requirements. Plans submitted on or after October I, 2005 must comply with the new Energy Requirements. Seismic zone 4, wind speed 70mph, exposure C. B. The open office space with the cubicles needs to provide a second exit directly to the outside of the building, since the occupancy load exceeds 30 persons. Vocational rooms also appear as if they will need a second exit directly outside, because of potential occupant load in excess of 30 persons. C. State the type of construction for Building B and what will be all types of occupancies on the building permit if known. Construction and types of occupancies must comply with Chapter 5 of the CBC. Also, setbacks from property lines must comply with all CBC requirements. D. The applicant shall apply for a sign permit to be approved by the Planning Division for all proposed signage. Conservation and Environmental Services Department Conditions: E. Each applicant for a land use or building permit shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval as a part of the permit process. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Section 8.24,8.25, and 19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated by all residential, conunercial and industrial developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The 'Recycling and Solid Waste Management Plan" features should be identified on the building plans. A "Recycling and Solid Waste Planning Manuel" is available at the Planning Division counter or through the City Manger's Office (619) 691-5122, conservation@ci.chula-vista.ca.us. 12-26 Fire Department Conditions: F. The project shall comply with the 2001 California Fire and Building Code. II. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met: A. The site shall be developed and maintained in accordance with the approved plans, dated March II, 2005, which include site plans and floor plans, on file in the Planning Division, the conditions contained herein, Title 19, and the Eastlake Commercial District, PA, Professional and Administrative Zone. B. The applicant shall comply with all Fire Department Regulations prior to occupancy of building. C. The project shall comply with all conditions tied to approval of the Environmental Review, EIR-97-04. D. Prior to any use of the project site or business activity being commenced thereon, al1 Conditions of Approval shall be completed to the satisfaction of the Planning Director. E. This permit shal1 become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. III. The following on-going condition shall apply to the subject property as long as it relies upon this approval. A. Ensure that the proposal complies with the parameters of the use outlined in the application and supplemental materials submitted therewith including, but not limited to, the fol1owing: a. A maximum of 110 students area al10wed at one time on the campus; b. School hours shall be limited to Monday through Friday between the hours of 8:00 a.m. -10:30 p.m., and Saturday between the hours of9:00 a.m. - 10:00 p.m. B. The Permittee shal1 enter into and maintain an agreement with the property owner to ensure the exclusive right to use 110 parking spaces from 5:30 p.m.-l0:00 p.m. Monday through Friday, and up to 75 parking spaces from 9:00 a.m. - 10:00 p.m. on Saturday. Any changes to the agreement between operator and property owner which reduce the available parking spaces shall be approved by the Director of Planning and Building Department. C. The conditions of approval for this permit shal1 be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the applicant/property owner shal1 provide the Planning Division with a recorded copy of said document. 12-27 D. This pennit 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. E. This permit shall expire eight (8) years after the date of its approval by the City Council. The Zoning Administrator shall have the authority to extend the term of this permit, on the condition that the applicant shall submit and secure approval of any application for an extension of the permit at least one year prior to the expiration date. Otherwise a new application shall be required. F. Any change to the operational profile of this Proj ect, any request for an expansion of the use or described herein, or any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. G. The applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (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, ant 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 ofapplicant's/operator's successors and assigns. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Agency's secretary. Failure to retum said document to the Agency's secretary shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held 12-28 in abeyance without approval. Said document will also be on file in the Agency's office and known as document No. _ Signature of Property Owner Date Signature of Representative Date NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL adopts the resolution approving the conditional use p=it, PCC-05-043, in accordance with the findings and subject to the conditions contained in this resolution. Presented by: Approved as to form by: James Sandoval Director of Planning & Building J:\PLANNING\CAROUNE\ Discretionary PermitIPCC-05-043 CC REsOLUTION.DOC 12-29 ,,_. .. '" I rD) [Ece=;~o~~ ~:. tn1 JUN 1 6 2005 I!dJ I "" city of Ch~1a V~Bta 111ann:l.ng Deparb!l=t PLANNING Data :Rece.iVed !.o- F..... pa:i.d Recaipt Ne. 0... CaSe. No: -05 , . "1\)9. \4. II\), APPEAl FORM Appeal. from the decision of: _Zoning -LPllUlIli2:lg- ---Pasiqn Ra.vie,., Adlllinj,sb:2I.tor comdBsion C01IllIIittea N2\l!le ot Appell.ant:Tha University of Phoenix. In~ Phone ( 7'4~ 779-6071 Hame Address N/A 5usiness Addrass 4305 Hidden Oaks Drive, Yorb~ Lind.. CA 9lBBnl ~~~n: R~~l"n Linaholm proj aot Addre..s 2060 01:ay Lakes Road. Ilhuli!l Vista, CA :i'rojec"l:. De.s=iptien Conditional Use Pe.ru:Lt C:E:xaJlIp1e' loons c:b.ar...e, varil!lJ1l::B:, design review, 'iOtC) Please Usa the space be10w to provide a response tc the deoision you are appe.aJ.ing. Att15ch addH:lonal sheats i~ necessary_ P1easa saa the attachad. r ~~ ~ Appl!.llan'h ----------------------------------------------------------------------------- Go/I~/-uro~. D!.te Dc net Write. It, thi.. SpacE! The abeve matte.r has heen scheduleCl for public hearing before the: ---- P~~nninq C~ssion City CCI\U>CU on l?2anning COIlllIlission Secr..tary city Clerk 1<.8"\r. Gfg!; B~a fl! '1<1 crnne 'i DIlINIlTld '.1.'::1 YV~ ts:tt SOt~tt90 12-30 . TIm CIlY OFaruu. VlSI'ADHCLCisUll.E SI"A:IE.1EIU y"" ore re.qllitOll It! ~Ie .. SUlemelll of Disclc.llIe of a:naIli "",.rsb.!? or I1nanclal lnlet=, pa}'nlents. or campalgJl coctril"rtiollS, ou a.ll mane:; Whicb will r"'lulte dlscrel.lO""l'1 ac:ticu onlhe pan ofIhe CIty Cocncil, PJaWllDg CclIUlllssIO" Ind all clber official bedles. The: follcwl.ag Informadon mun be d!sclllSell: 1. LIst !beurnes DC all persons !laving a ~aaclal iDl=t IIllhe pro~nywhlch f5 LhlOSubjecl oftbe appIlca1.lo11 onhe ~atrar:l, l!,.!}, D?nIer, applicant, colHraClor, .ubeonu.el.or, mab:ria' SUppUer. Triad V1llaaa West. L.P. The University of Phoenix, Inc. 2. Ifltny pOlSon" ido.ntlliccl I'uu"ant la (I) allC'lI:r is. ClItporatlon Dt' p.rtAmllip,lilt !he names DfalllallMlIuals ll'<>1llng marc than 10'Jl; cf u'e 'bares Il1I11e carparatiQII ar owning any pBrto""hlp Intcrest .In Ill.. p:lnna:rship. Acollo DeVeJonm~nt C~Tn. Joseph D. Carroll, as Trustee Dr. Donald Tuverson. T~lstee of the Tuverson ~am11y Trust dated of the Carroll family trnst September 8, 1972, as amended . . 3. lI~~ipg.o~i~~tn~'PllJ.Jt~~t 10 (1) above is nOll-plcfil organization or a tJ1l51, Il>t the callUS of acy P~!SOIl ,ervillg as clireclor or the non-profit or~tion or B.5 tr'Il5lec 01 ber1e5cill}' Dr tMlStor oC the ltuSL N/A 4. E"avoYQU had mOre Ihan S25Dworth ofbll.tines. =cte.1 with llI1Y malllbl!l' of [be CIry &1a1Y, Bauds, CoIllllllssiC)l!, Committees. and Couuc:ll 'llliLhfn tbe past twel.o monlbs1 y~ No-X... If yes, please indicate pOlion(.):._ 5. Please ide:ntl1yo."" IIl1d evelY pO""", lncInding any lllOull, employees, coll5\lltanl.'l, Dr lndepOlldeUI C>UIJ1lClDTS..be you have ....fglled 10 l"-present you befo~ the ell}' In lids tl1ll1ta. HarlAn Td.ndhnlm Jose~h D. Carroll 6. Have yell 'ndror yeur o1:!leen; or "gellIS, In the o.wcguo, conltlbote.d mor.. than $1,000 to . Coll1lcllrnembe:r in the CIlITc:t\ or pr=<l'lng elccllen period' YO!:_ No-1t II' yes, stat" Wh.ldl Collucll.mClllbcr(.}: Dale: . p.""," Ii dz:fll.<d"" 'A,~' """'oiduo!jtm. ~J""VI'<l1M', ...~,..w ""'../r=mtJ/..... ...~...""'I'.............. ............""" ~ /hi: t:nd ~ o......"'..~\ dJ:J. t:nd <olD\Q)\ dIy ~.""l dbD/t:r, or okt paPIi..J mlIdMri.... or ..,."""" pup or ~ IIablr At. >inIL' Holll !lmnma . 9)JINllV1d . A' 0 r9i Ii:tt gO/~T/~D 12-31 Our application fora conditional use pennit (the 'CUP") for The University of Phoenix ("UOP") was granted on June 8, 2005, in Resolution No. pec 05-043 (the "Resolution"). Section lIl.E. of the F:esolution limits the initial term of the CUP to 5 years from the date of approval. UOP has signed a lease in the project for an initial term of 7 years and" months from the CUP approval, which lease term exceeds the 5 year term of the CUP. As a result, the CUP could expire prior to the lease expiration, creating legal complications. Furthermore, UOP and the project owner will invest significant dllllars in tenant improvements based on the longer lease term and, therefore, the shorter 5 year CUP term creates undue financial burdens on iandlord and tenant In light of these facts, UOP requests that the cup expiration date be extended to be consistent with the lease term and financial investment in tenant improvements. Specifically, we request a CUP expiration date of October 31, 2012 (7 years and", months from CUP approval). 12-32 COUNCIL AGENDA STATEMENT Item: Meeting Date: /3 7-26-05 ITEM TITLE: Public Hearing: PCC-05-021; Request for a Conditional Use Permit to allow Bonita Country Day School to continue to operate a private non- profit elementary school for an interim period of five years and to waive all application fees for this project at 625 Otay Lakes Road in the Bonita Long Canyon Planned Community, Public Quasi Zone. Resolution recommending that the City Council approve Conditional Use Permit, PCC-05-021, to allow Bonita Country Day School to continue to operate a private non-profit elementary school for an interim period of five years and to waive all application fees for this project at 625 Otay Lakes Road. SUBMITTED BY: Director of Planning and BUildin~ City Manager jtd REVIEWED BY: (4/5ths Vote: YeL-No ~ RECOMMENDATION: That the City Council adopt Resolution) approving the use of the Bonita Country Day School to continue to operate a pnvate non-profit elementary school for an interim period of five years and to waive all application fees for this project at 625 Otay Lakes Road based on the findings and conditions contained herein. BOARDS/COMMISSIONS RECOMMENDATION: On June 8, 2005, the Planning Commission considered the proposed project. Following staff's presentation and public testimony, the Planning Commission voted 5-0-2-0 recommending that the City Council approve the Conditional Use Permit application. DISCUSSION: Background 1. Proiect Background The school was originally approved by Conditional Use Permit PCC-94-48, which was considered by the Planning Commission on August 10, 1994, and approved by the City Council on August 23, 1994. That use permit allowed a private non-profit elementary school for an interim period of five years. Before the five years elapsed on August 23, 1999, the school planned to relocate to a permanent site in eastern Chula Vista and allow the Savior Lutheran 13-1 Page 2, Item No.: Meeting Date: 7/26/05 Church to occupy the entire site. The approved church master plan shows this area as Phase II, which will eventually be developed with a 540 sq. ft. fellowship hall, a 2,400 sq. ft. parsonage, two 2,600 sq. ft. classroom building (180 seats) and associated playground area, as well as 73 additional parking spaces to bring the total parking to 130 spaces. Through an oversight the school failed to file for an extension and PCC-94-48 has expired. The school has been there for over 10 years with no complaints from adj acent property owners. The school is currently in negations with Trimark Pacific Homes to purchase approximately 5.1 acres ofland with a 1,500 square foot building in the San Miguel Ranch area to be the permanent site for Bonita Country Day School. It will be approximately two years before Bonita Country Day School can begin construction on the new property. Therefore, the school is requesting an additional five years at their current location. At the end of the five years, all structures would be removed leaving the church to proceed with its Phase II construction of permanent classroom buildings, fellowship hall, etc. Site Characteristics The 4.1 acre site currently contains a 4,300 sq. ft. sanctuary structure and associated parking for the Risen Savior Lutheran Church. The sanctuary structure is located on the southerly portion of the property, and a 57-space parking area parallels Otay Lakes Road along the entire frontage of the property. The northern portion of the site contains nine modular buildings of 960 sq. ft each for four classroom buildings, a multi-purpose building, and an administrative office for the Bonita Country Day School. In addition, there is a playground facility between the buildings and the parking lot for the children. This property is located within the Bonita Long Canyon Planned Community, Public Quasi Zone. 3. General Plan. Zoning and Land Use Site: North: South: East: West: General Plan Residential Low Medium Residential, Low-Medium Open Space Open Space/Res. Med. Public Quasi Zoning PC-PQ Rll OP PC-OS PC-OS/PC-R14 RI Current Land Use Church/School Condominiums Open Space Open Space/SFR Junior High School 4. Proposal The request is to allow Bonita Country Day School to continue to operate, for an interim period of five years, a private non-profit elementary school for up to 140 students, ages pre-kindergarten through sixth grade. School hours would be from 8:00 am. and 2:45 p.m. for Grades 1-6 and 8:30 a.m. and 2:30 p.m. for kindergarten and preschool, Monday through Friday, with extended childcare hours for the students offered from 7:00 a.m. to 8:30 a.m. and 2:30 p.m. to 5:00 p.m., Monday through Friday. The school employs ten full-time teachers, three part-time teachers, and three full-time administrative staff. 13-2 Page 3, Item No.: Meeting Date: 7/26/05 The northern portion of the site contains nine individual buildings of 960 sq. ft each containing four classroom, a multi-purpose room, and an administrative office for the Bonita Country Day School. In addition, there is a fully enclosed playground facility between the buildings and the parking lot for the children. The outdoor playground area is used on a rotated basis in order to separate the older children form the younger ones. Also a covered lunch area is located in between the modular buildings. A total of 57 parking spaces serve the school during the week and the church during the evenings and on weekends. The hours of operation for the school would be from 7:00 a.m. to 5:00 p.m. (including extended childcare). The church hours would be evenings and on Sundays. The alternate times of operation has proven successful in allowing a co-use of the multi-purpose facility, playground and parking spaces. The applicant also requests waiver of all application fees based on their established non-profit organization status. The payment of fees by this organization would pose an economic hardship on the school. ANALYSIS: The Chula Vista Municipal Code defines a school as an unclassified use as a quasi-public use. Many unclassified uses can be considered for location in any zone upon approval of a conditional use permit by the City Council following recommendation by the Planning Commission. The proposed use has not interfered with the surrounding uses, since most of these uses are compatible with the school, or are the same use as the school. For example, Bonita Vista Junior High is located to the west, condominiums to the north, open space to the south, and open space and single family residential to the east. The site is also near two other schools, Bonita Vista High School and Southwestern College both to the south. The modular buildings are arranged in a semi-circular configuration on the northerly portion of the site, facing an outdoor lunch and playground area to the south. This is to help prevent any noise or disturbance for the condominium units to the north. Landscaping is also installed along Otay Lakes Road and around the playground area to buffer the noise from the single family residents to the east. The lot has sufficient size to accommodate the proposed uses as well as outdoor activities for the children. No changes will occur to the site. As previously noted, the applicant is in negations with Trirnark Pacific Homes to purchase approximately 5.1 acres ofland with a 1,500 square foot building in the San Miguel Ranch area to be the permanent site for Bonita Country Day School. It will be approximately two years before Bonita Country Day School will begin construction on the new property. At the end of the interim period of five years, all structures would be removed leaving the church to proceed with its Phase II construction of permanent classroom buildings, fellowship hall, etc. 13-3 Page 4, Item No.: Meeting Date: 7/26/05 The City COWlcil may grant the waiver of all applications fees for nonprofit organizations per the current COWlcil Policy and Chapter 3.45 of the Chula Vista Municipal Code. The applicant has submitted documentation to the City that establishes the school as a non-profit organization. The City COWlcil previously approved this request on November 7, 1995 when the school was originally approved. This project is consistent with the General Plan and the Bonita Long Canyon Planned Community, Public Quasi Zone. Approval of the project requires compliance with the applicable codes and regulations. CONCLUSION Staff recommends adoption of the attached Resolution, approving the use of the Bonita COWltry Day School to continue to operate a private non-profit elementary school for an interim period of five years and to waive all application fees for this project at 625 Otay Lakes Road based on the findings and conditions contained herein. FISCAL IMPACT: None Attachments 1. Locator Map 2. Planning Commission Resolution PCC-05-021 J:\Planning\Caroline\Discrctionary Pennit\PCC...oS-021 CC Agenda Statement 13-4 ~ " " / /" ,L , 7 / o o ~ o .::l Q Bonita Vista Middie Schooi / ~( , '" '" ~ LEGEND ""~ ~ D Project Location CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Bonita Country PROJECT DESCRIPTION: C) APPLlCAN'r. Day School CONDITIONAL USE PERMIT PROJECT 625 Otay Lakes Road ADDRESS: Request Proposai for elementary schaal classrooms and playgrounds for 140 students in grades pr&-kindergarten through sixth grade SCALE: FILE NUMBER: NORTH No Scale PCC-05-021l~ ." I.\...I......;..._\_...__,,___..__,___....,......~ ~-'_ ~_ ___4 RESOLUTION NO. PCC 05-021 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING CONDITIONAL USE PERMIT, PCC-05-021, TO ALLOW BONITA COUNTRY DAY SCHOOL TO CONTINUE TO OPERATE A PRIVATE NON-PROFIT ELEMENTARY SCHOOL FOR AN INTERIM PERIOD OF FIVE YEARS AT 625 OTAY LAKES ROAD IN THE BONITA LONG CANYON, PLANNED COMMUNITY PUBLIC QUASI ZONE. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on November 10, 2004, by Suzanne Catanzaro on behalf of the Bonita Country Day School; and WHEREAS, said applicant requests approval ofa conditional use permit, PCC-05-021 to continue to operate, for an interim period of five years, a private school for up to 140 pre- kindergarten through six graders at 625 Otay Lakes Road in the Bonita Long Canyon, Plarmed Community Public Quasi Zone; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proj ect qualifies for a Class 1, categorical exemption pursuant to Section 15301, (Existing Facilities), ofthe State CEQA guidelines and no further environmental review is necessary; and WHEREAS, the Planning 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 owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely June 8, 2005, at 6:00 p.m. in Council Chambers, 276 Fourth AVellUe, 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 conditional 'use permit application, the Planning Commission voted 5-0-2-0 to recommend approval of the conditional use permit; and NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the resolution approving the conditional use permit, PCC-05-021, in accordance with the findings and subject to the conditions contained in this resolution. 13-6 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of June, 2005, by the following vote, to-wit: AYES: NOES: ABSTAIN: ABSENT: Felber, O'Neill, Cortes, Hall, Tripp Madri d, Horn . ~Ap~~ A TEST: Diana Vargas, Secret 13-7 RESOLUTION NO. 2005- RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING CONDITIONAL USE PERMIT, PCC-05-021, TO ALLOW BONITA COUNTRY DAY SCHOOL TO CONTINUE TO OPERATE A PRIVATE NON-PROFIT ELEMENTARY SCHOOL FOR AN INTERIM PERIOD OF FIVE YEARS AND TO WAIVE ALL APPLICATION FEES FOR THIS PROJECT AT 625 OTAY LAKES ROAD IN THE BONITA LONG CANYON, PLANNED COMMUNITY PUBLIC QUASI ZONE. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on November 10, 2004, by Suzanne Catanzaro on behalf ofthe Bonita Country Day School; and WHEREAS, said applicant requests approval ofa conditional use permit, PCC-05-021 to continue to operate a private school, for an interim period of five years, for up to 140 pre- kindergarten through six graders at 625 Otay Lakes Road in the Bonita Long Canyon, Planned Community Public Quasi Zone; and WHEREAS, said applicant also requests waiver of all application fees based on their established non-profit organization status; and WHEREAS, current Council Policy and Chapter 3.45 of the Chula Vista Municipal Code provides an option for the waiver of fees for nonprofit organizations; and WHEREAS, the City Council has found that the payment of fees by this organization would pose an economic hardship on the school; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1, categorical exemption pursuant to Section 15301, (Existing Facilities), of the State CEQA guidelines and no further environmental review is necessary; and WHEREAS, the Planning Commission held a public hearing on June 8, 2005 and voted 5-0-2-0 to recommend that the City Council approve the project based on the findings and subject to the conditions contained herein; .and WHEREAS, the City Clerk 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 owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely July 26, 2005, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and 13-8 WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the conditional use permit application, the City Council voted to approve the conditional use permit; and WHEREAS, the City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, 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 interim use of this site will allow the school to continue to offer an educational alternative and service to the community pending the location of appropriate permanent facilities. 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 site layout has been designed and conditioned to avoid potential noise impacts to nearby residents, and architectural enhancements and landscape screening have been utilized and demonstrated the ability to diminish any potential negative aesthetic impacts considering the interim nature of the use. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of PCC-05-021 requires compliance with all conditions, codes and regulations, as applicable. The City Council finds that the request meets the code requirements as follows: (A) The Chula Vista Municipal Code Section 19.54.020(d) defines a school as an unclassified use. (B) The number of parking spaces provided are adequate for the proposed uses. (C) There is adequate drop off area for the school. (D) The lot has sufficient size to accommodate the proposed use as well as outdoor activities for the children. (E) There is adequate on-site play area outside of the building for the school. (F) No existing changes will occur on the site, which is visibly compatible with the surrounding church and school to the south and west of the subj ect site. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. This Conditional Use Permit is in compliance with the General Plan of the City to provide adequate public and semi-public uses within all areas of the city. 13-9 WHEREAS, the City Council of the City of Chula Vista grants Conditional Use Permit PCC-05-02l subject to the following conditions required to be satisfied by the applicant and/or property owner(s): PLANNING & BUILDING DEPARTMENT 1. The site shall be maintained in accordance with the approved plans, dated November 10, 2004, which include site plan, floor plans, and elevations plans on file in the Planning Division, the conditions contained herein, Title 19, and the Bonita Long Canyon Residential Development Standards. 2. Ensure that the proposal complies with the parameters of the use outlined in the application and supplemental materials submitted therewith including, but not limited to, the following: a) Enrollment is limited to 140 students; b) School hours would be from 8:00 a.m. and 2:45 p.m. for Grades 1-6 and 8:30 a.m. and 2:30 p.m. for kindergarten and preschool, Monday through Friday; c) Extended childcare house for students only maybe provided between 7:00 a.m. to 8:30 a.m. and 2:30 p.m. to 5:00 p.m., Monday through Friday; d) After school enrichment activities, such as piano lessons, science experiments, gymnastics, etc. are available to the students between 2:30 p.m. and 4:00 p.m. e) Recess times are staggered at three intervals. No more than approximately forty students are out on the main playground for recess at one time. t) The times of arrival and dismissal are staggered to relieve traffic congestion in the parking lot as well as on Otay Lakes Road. The staggered hours also avoids congestion with traffic for both Bonita Vista Middle and Bonita Vista High School. g) Students shall not be allowed on the northerly portion of the property between the building and the condominiums to the north. 3. Comply with State Licensing and Certification requirements, and all codes and requirements of the City ofChula Vista. STANDARD CONDITIONS 4. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the applicant/property owner shall provide the Planning Division with a recorded copy of said document. 5. 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. 13-10 6. This permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 7. This permit shall expire five (5) years after the date of its approval by the City Council. The City Council shall have the authority to extend the term of this permit, on the condition that the applicant shall submit and secure approval of any application for an extension of the permit at least one year prior to the expiration date. Otherwise a new application shall be required. 8. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. 9. The applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (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, ant 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. 10. Execute this document by making a true copy of this letter of conditional approval and signing both this original letter and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document 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. Signature of Property Owner Date Signature of Representative Date 13-11 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL adopts the resolution approving the conditional use permit, PCC-05-021, in accordance with the findings and subj ect to the conditions contained in this resolution. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL does hereby grant a waiver of all application fees and directs that all deposits be reimbursed to this organization. Presented by: Approved as to form by: James Sandoval Director of Planning & Building J :\PLANNING\CAROLINE\ Discretionary Pennit/PCC..OS-D21 CC REsOLUTION.DOC 13-12 - - <( f- VIN~O:JIlV:> V.iSIA VlnH:> (f) 153M 3~Vlll^ 3)1Vl1S'Cfl~ 3~V)DVd )I}lOM3~S3 WI t-' 0- W o (9 z ~O :l Ui "'> ;:)- :00 --1 z ~ ~ .....-: c; ..- ~ ,D ~ <( 0 , "~ ~ i I ill'll ~ ~ - . 0 "I > . . : 11 Nlllll'l ;~!iI I ".- <5J~ H .. ~ !<h~ 1,I:u ~j~ii . 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