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HomeMy WebLinkAboutAgenda Packet 2005/08/09 ,.... undIf ....lIIY of perPY tIlIllnl~ \hi CIty of CtIula VIIta ... ""~.= CIty Clerk and that , pallid tIIIa ~ ~ ~ ()IIIoe on the bulletin boIrd according to ~ requ'~fe~~. '"",,-~~~ ""I/. ;) . ~ ----.L ~/'O/ ...,_ ,,..--. _ __ __, _ ___ --- CllY OF . CHULA VISTA Stephen C. Padilla, Mayor Patty Davis, Councilmember David D. Rowlands, Jr., City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember August 9, 2005 6:00 P.M. Council Chambers 276 Fourth Avenue Public Services Building CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY MAYOR PADILLA OF THE EMPLOYEE OF THE MONTH, NATALIE FLORES, EXECUTIVE SECRETARY FOR THE MAYOR AND CITY COUNCIL . OATHS OF OFFICE: Pamela Bensoussan, Planning Commission Gary Nordstrom, Planning Commission Tracey Abston, Child Care Commission . PRESENTATION BY CHUCK COLE, PRESIDENT AND WES LUJAN, LEGISLATIVE ADVOCATE OF ADVOCATION, INC. ON THE STATE BUDGET, LEGISLATION AND EVENTS CURRENTLY AFFECTING CITY GOVERNMENT IN SACRAMENTO CONSENT CALENDAR (Items 1 through 7) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Page I - Council Agenda August 9, 2005 1. APPROVAL OF MINUTES of the Regular Meetings of July 12, July 19, July 26, 2005, and the Adjourned Regular Meeting of August 2,2005. Staffrecommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 12-M (VILLAGE 7) - (SECOND 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. This ordinance was introduced on July 26,2005. (City Engineer) Staffrecommendation: Council adopt the ordinance. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005/2006 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $6,000 FOR THE LOCAL HISTORY DIGITAL RESOURCES PROGRAM (4/5THS VOTE REQUIRED) The Chula Vista Public Library recently received a one-time grant award from Library Services and Technology Act in the amount of $6,000 for Fiscal Year 2006 for the Local History Digital Resources Program. (Assistant City Manager Palmer) Staffrecommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS AND DIRECTING THE CITY ENGINEER TO RE-ADVERTISE THE UPGRADE OF TRAFFIC SIGNAL AT SECOND A VENUE AND H STREET (PROJECT TF-326/TF-311) Sealed bids were received from three electrical contractors for this project on June 22, 2005. All of the bids were found to be incomplete, and per the City Attorney's recommendation, shall be rejected. (City Engineer) Staffrecommendation: Council adopt the resolution. 5. RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO SET A PUBLIC HEARING FOR SEPTEMBER 13, 2005 TO CONSIDER VACATING A PEDESTRIAN ACCESS EASEMENT CONNECTING EAST RIENSTRA STREET AND THE APOLLO II CONDOMINIUM COMPLEX Page 2 - Council Agenda August 9, 2005 The City of Chula Vista is considering vacating a pedestrian access easement connecting East Rienstra Street and the Apollo II Condominium Complex located off Melrose Avenue, north of Orange Avenue. The Paul Miller Company, representative of the Apollo II Homeowners Association and the owner of the property located at 274 East Rienstra Street has requested the vacation of the above-mentioned easement. In order to vacate this easement, Council must first set a public hearing to consider the vacation. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND "I LOVE A CLEAN SAN DIEGO, INC." FOR THE DEVELOPMENT AND IMPLEMENTATION OF STORM WATER PUBLIC EDUCATION AND OUTREACH PROGRAMS, REQUIRED PURSUANT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY The National Pollutant Discharge Elimination System (NPDES) Municipal Permit (Order No. 2001-01) issued by the California Regional Water Quality Control Board (Regional Board) requires Co-permittees to implement, among other things, public education and outreach programs with the goal of increasing public awareness regarding protection and improvement of regional and local water resources and preservation of their beneficial uses. Staff has determined that, in order to enhance existing activities and increase the overall effectiveness of the City's compliance program, the NPDES public education and outreach program must be broadened to include all stakeholders, including environmental groups, local water agencies, local schools, businesses, developers, community groups, the Nature Center, and others. (Director of Public Works Operations) Staffrecommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2005 GMOC ANNUAL REPORT AND APPROVING THE RECOMMENDATIONS CONTAINED THEREIN, AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT THOSE RECOMMENDATIONS AS PRESENTED IN THE "2005 GMOC RECOMMENDATIONS/PROPOSED IMPLEMENTING ACTIONS SUMMARY" On June 23, 2005 the Council held a public hearing on the GMOC 2005 annual report. The report evaluates the current status of the City's eleven Quality-of-Life Threshold Standards and identifies issues over the next five years. In addition, the GMOC has forwarded a set of recommendations regarding the update of the growth management program. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda August 9, 2005 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. 8. CONSIDERATION OF MODIFYING AN EXISTING CONDITIONAL USE PERMIT FOR SOUTHWESTERN CHRISTIAN SCHOOL Adoption of the resolution approves expansion of existing school facilities at 482 L Street, to include a new administration and classroom building, and establishing operational requirements, including the use of the parking lot for supervised recreation classes. (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-05-031, MODIFYING SCHOOL FACILITIES TO INCLUDE: 1) A NEW BUILDING FOR AN ADMINISTRATION OFFICE, TWO CLASSROOMS AND A MULTIPURPOSE ROOM; AND 2) OPERATIONAL REQUIREMENTS FOR A PAROCHIAL ELEMENTARY SCHOOL ENROLLING 250 STUDENTS LOCATED AT 482 L STREET IN THE R-3-P-14 ZONE-SOUTHWESTERN CHRISTIAN SCHOOL 9. CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A TEMPORARY, ONE-TIME EVENT FOR AN OFF-ROAD RACETRACK IN OTAY RANCH VILLAGES TWO AND FOUR (APPLICANT: JAMES BALDWIN, OWNER OF CHAMPIONSHIP OFF-ROAD RACING) Adoption of the resolution approves conditional use permit for a temporary off-road racetrack in Villages Two and Four, located south of Olympic Parkway, east of the Otay landfill, and west of La Media Road. The proposed off-road racing events would occur on two consecutive weekends, September 23 - 25 and September 30 - October 2, 2005, between 10:00 a.m. and 5:00 p.m. Post-racing event activities include live entertainment between 5:00 p.m. and 7:00 p.m. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following resolution: Page 4 - Council Agenda August 9, 2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, IS-05-023, AND GRANTING A CONDITIONAL USE PERMIT, PCC-05-067, TO ALLOW A TEMPORARY OFF-ROAD RACE ON A PORTION OF THE OTAY RANCH VILLAGES TWO AND FOUR, LOCATED SOUTH OF OLYMPIC PARKWAY, EAST OF THE OT A Y LANDFILL, AND WEST OF LA MEDIA ROAD ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 10. CITY MANAGER'S REPORTS 11. MAYOR'S REPORTS A. Ratification of appointment of Jeanne Highhouse to the Childcare Commission. B. Consideration of designation of a voting delegate for the 2005 League of California Cities Annual Conference, to be held Thursday, October 6 through Saturday, October 8, 2005 in San Francisco. 12. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 · City of Chula Vista v. Evanston (San Diego Superior Court Case No. GIC 818513) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One case ADJOURNMENT to the Regular Meeting of August 16,2005 at 6:00 p.m. in the Council Chambers, and thence to a Joint City Council/Planning Commission Workshop to be held August 18, 2005 at 6:00 p.m., in the Council Chambers. Page 5 - Council Agenda August 9. 2005 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 12, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 1 0 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councihnembers McCann, Rindone, Deputy Mayor Davis, and Mayor Padilla ABSENT: Councibnember Castaneda ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY MARCIA RASKIN, DIRECTOR OF HUMAN RESOURCES, OF THE EMPLOYEE OF THE MONTH, GLADYS RAMOS, SR. FISCAL OFFICE SPECIALIST Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Ms. Ramos. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF RECREATION, PROCLAIMING THE MONTH OF JULY AS RECREATION AND PARKS MONTH Recreation Director Martin introduced Anthony Feaster, a volunteer coach in the Recreation Department's Youth Athletics Division. Mayor Padilla then read the proclamation, and Deputy Mayor Davis presented it to Mr. Feaster, who accepted the proclamation on behalf of the department. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF RECREATION, PROCLAIMING THE WEEK OF JULY 11,2005 AS NATIONAL THERAPEUTIC RECREATION WEEK Parks and Recreation Director Martin introduced Jim Craig, staff member for the department's Therapeutics Program. Mayor Padilla then read the proclamation, and Deputy Mayor Davis presented it to Mr. Craig, who accepted the proclamation on behalf of the department. CONSENT CALENDAR (Items 1 through 17) With reference to Item No.1, Mayor Padilla stated that he would abstain from voting on the minutes ofJune 2, June 21, and June 23, 2005 since he was not present at those meetings. Regarding Item No.5, Councilmember Rindone requested that staff include the engineer's estimates in future staffreports. Page 1 - Council Minutes I ft - I July 12, 2005 CONSENT CALENDAR (Continued) 1. APPROVAL OF MINUTES ofJune 2, June 7, June 14, June 21, and June 23, 2005. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Juan Diaz, member of the Resource Conservation Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. B. Memorandum from the Office of the Mayor requesting an excused absence from the Regular Meeting of June 21,2005 and the Adjourned Regular Meeting of June 23,2005. Staff recommendation: Council excuse the absences. 3. ORDINANCE NO. 3011, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT BETWEEN P ACIFIC WASTE SERVICES AND THE CITY OF CHULA VISTA, MOVING THE RATE ADmSTMENT ANNIVERSARY DATE FOR SMALL QUANTITY GENERATOR RATES FROM JULY 1 TO SEPTEMBER 1 EACH YEAR (SECOND READING) Each year, staff reviews the solid waste rates survey from SANDAG to establish whether or not Pacific Waste qualifies for a small quantity generator rate adjustment. It is difficult to conduct an objective rate review in time for Pacific Waste to meet the franchise agreement rate adjustment anniversary date of July 1, as most of the jurisdictions in the County also have a July 1 anniversary date. Therefore, moving Pacific Waste's rate adjustment anniversary date to September 1 would allow a rate review that is objectively based upon approved rates within the region. This ordinance was introduced June 21, 2005. (Director of General Services) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2005-227, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH CROSS CURRENT CORPORATION FOR MAINTENANCE AND SUPPORT OF THE COMPUTER AIDED DISPATCH SYSTEM The City installed the Computer Aided Dispatch System in 1998 and has had a maintenance contract for service and support since 1999. The maintenance agreement expires on June 30, 2005. Adoption of the resolution extends the contract until June 30, 2010. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2005-228, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE MAIN STREET WIDENING PROJECT IN THE CITY OF CHULA VISTA (pC-1664 ) Page 2 - Council Minutes ! f). /, ;' J ; July 12, 2005 CONSENT CALENDAR (Continued) On June 28, 2005, the City Engineer received sealed bids for this project. Adoption of the resolution awards the contract to Kirk Paving, Incorporated. The work to be done includes excavation and grading, removal and disposal of existing improvements, construction of concrete and landscaped median, pavement overlay as needed, pavement striping and marking, traffic control, installations and modifications of traffic signals, and protection, restoration of existing improvements, and all labor, material, equipment and transportation necessary for the project. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2005-229, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A TWENTY-FOUR FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT OVER CITY-OWNED PROPERTY TO MR. EDGAR HERRERA, OWNER OF TWO LAND LOCKED PARCELS LOCATED NORTH OF THE INTERSECTION OF FIRST AVENUE AND D STREET Recently, the City received two building permit applications from Mr. Herrera for single- family residential homes on landlocked parcels located north of the intersection of First Avenue and D Street. Before these building permits can be approved, the owner must obtain legal access to a public street in the form of a private access and utility easement over the adjacent property owned by the City. (City Engineer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2005-230, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF A LANDSCAPE EASEMENT LOCATED WITHIN LOTS 1,2 AND 3 OF MAP NO. 14395 IN THE IN EASTLAKE BUSINESS CENTER Eastlake Business Center II requested to vacate a portion of public right-of-way within the cul-de-sac of properties located at 820, 821 and 841 Harold Place in Eastlake Business Center. This vacation has left a portion of an appurtenant landscape easement not needed for public use. In accordance with the State Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering the vacation, provided certain conditions are met. (City Engineer) Staff recommendation: Council adopt the resolution. 8 A. RESOLUTION NO. 2005-231, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED TO BE INCLUDED IN COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN-OTAY RANCH- VILLAGE SEVEN) B. RESOLUTION NO. 2005-232, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN-OTAY RANCH - VILLAGE SEVEN) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN FACILITIES Page 3 - Council Minutes I i'i .."""7 ! '-". - ~... r; -' July 12, 2005 CONSENT CALENDAR (Continued) C. RESOLUTION NO. 2005-233, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN-OTA Y RANCH -VILLAGE SEVEN) D. RESOLUTION NO. 2005-234, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE NECESSITY OF COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN - OTAY RANCH - VILLAGE SEVEN) TO INCUR A BONDED INDEBTEDNESS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES McMillin Otay Ranch, LLC requested the City to initiate proceedings to form Community Facilities District No. 12-1 for the acquisition or construction of public facilities serving their properties within Village Seven. Adoption of the resolutions initiates the establishment of that Community Facilities District and sets the public hearing to consider the Community Facilities District for August 16, 2005. (City Engineer) Staff recommendation: Council adopt the resolutions. 9. RESOLUTION NO. 2005-235, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION WITH THE DEPARTMENT OF CONSERVATION FOR BEVERAGE CONTAINER RECYCLING COMMUNITY OUTREACH PROGRAM FUNDS TO STREAMLINE RECYCLING SERVICES TO MULTI-FAMILY RESIDENTS IN CHULA VISTA The City's multi-family residents currently generate over 800 tons of recyclables annually. The City intends to make the recycling process more convenient for multi- family residents by streamlining the recycling program and ensuring its sustainability. The City proposes applying for a Department of Conservation grant to help fund the project. (Director of General Services) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2005-236, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND EMPOWERING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE LOCAL GOVERNMENT BEVERAGE CONTAINER AND LITTER REDUCTION ACT GRANT FUNDS AND IMPLEMENT THE APPROVED GRANTS Chula Vista is eligible to receive $57,157 for 2005/2006 from the California Beverage Container Recycling and Litter Reduction Program to use for beverage container recycling and litter clean up activities. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes I .) . )j ;i 'I July 12, 2005 CONSENT CALENDAR (Continued) 11 A. RESOLUTION NO. 2005-237, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $275,000 FROM THE SALT CREEK SEWER DEVELOPMENT IMPACT FEE FUND AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT NO. SW245 (SALT CREEK TRUNK SEWER MAINTENANCE CIP); AND AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $231,295.31 TO HAAKER EQUIPMENT COMPANY FOR ONE FOUR-WHEEL DRIVE SEWER CLEANING TRUCK THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF VISTA B. RESOLUTION NO. 2005-238, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005/2006 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $26,000 FROM THE AVAILABLE BALANCE OF THE SEWER FUND; AND AMENDING THE PROPOSED SPENDING PLAN FOR FISCAL YEAR 200612007 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $39,000 FROM THE AVAILABLE BALANCE OF THE SEWER FUND FOR EQUIPMENT MAINTENANCE AND REPLACEMENT COSTS FOR A SEWER CLEANING TRUCK Chula Vista is participating in a current City of Vista bid from Haaker Equipment Company for the purchase of one four-wheel drive sewer cleaning truck. The City of Chula Vista Municipal Code Section 2.56.140 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. There are no vendors in the City of Chula Vista that normally furnish this type of heavy equipment. (Director of Public Works Operations) Staff recommendation: Council adopt the resolutions. 12. RESOLUTION NO. 2005-239, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MEMORANDUM OF UNDERSTATING (MOU) BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG), THE METROPOLITAN TRANSIT SYSTEM (MTS) AND THE CITY OF CHULA VISTA REGARDING THE PURCHASE, DELIVERY, OWNERSHIP AND USE OF ONE BUS FOR THE CITY OF CHULA VISTA'S NATURE CENTER At its meetings of January 13,2004 and January 11, 2005, Council approved resolutions to use $183,000 of unallocated Transportation Development Act funds to match an Air Pollution Control District grant for the purchase of a mid-size, CNG bus for the Nature Center. (Director of Public Works Operations) Staffrecommendation: Council adopt the resolution. 13 A. RESOLUTION NO. 2005-240, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) TO CLAIM AND TRANSFER TO THE CITY OF CHULA VISTA FROM THE CITY'S PRIOR YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 FUNDS THE AMOUNT OF $119,767.36, AWARDING A PURCHASING AGREEMENT FOR A STREET SWEEPER TO HAAKER EQUIPMENT COMPANY THROUGH A COOPERATIVE BID WITH THE STATE OF MINNESOTA (CONTRACT #980-302), AND APPROPRIATING FUNDS THEREFOR . ..., r.'" Page 5 - Council Minutes r . '- July 12, 2005 CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2005-241, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005/2006 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $15,666 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND; AND AMENDING THE PROPOSED SPENDING PLAN FOR FISCAL YEAR 2006/2007 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $20,888 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR EQUIPMENT MAINTENANCE AND REPLACEMENT COSTS FOR A STREET SWEEPER A total of $119,767.36 will be used to purchase a medium-duty street sweeper for the purpose of sweeping the parking lots located at the John Lippitt Public Works Center, transit centers, and facilities citywide. (Director of Public Works Operations) Staff recommendation: Council adopt the resolutions. 14. RESOLUTION NO. 2005-242, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A THREE PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG ENGINEERS, CONSULTANT; AND THE EASTLAKE COMPANY, LLC. APPLICANT; FOR THE PREPARATION OF AN AMENDMENT TO THE EASTLAKE III PUBLIC FACILITIES FINANCING PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution waives the Consultant selection process and approves a three- party agreement between the City of Chula Vista, Burkett & Wong Engineers and the EastLake Company, LLC., for professional consulting services related to the preparation of an amendment to the EastLake III Public Facilities Financing Plan (PFFP). (Director o[Planning and Building) Staff recommendation: Council adopt the resolution. 15. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2004 EDITION AND UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRIC CODE, 1996 EDITION, WITH AMENDMENTS (FIRST READING) The California Building Standards Commission mandated that jurisdictions within the State start enforcing the 2004 California Electrical Code on August 1, 2005. This ordinance adopts the 2004 California Electrical Code, associated administrative provisions and local amendments. (Director of Planning and Building) Staff recommendation: Council place the ordinance on first reading. 16. RESOLUTION NO. 2005-243, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2005/2006 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Page 6 - Council Minutes ,;,A r' , .'" '< July 12, 2005 CONSENT CALENDAR (Continued) On May 10, 2005 the Council adopted a spending plan for the CDBG, HOME and ESG programs. The U.S. Department of Housing and Urban Development (HUD) requires a written agreement between the City and each sub-recipient receiving CDBG, HOME and ESG funds. (Director of Community Development) Staff recommendation: Council adopt the resolution. 17. RESOLUTION NO. 2005-244, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2005/2006 CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTIONAL SERVICES AND VISITOR AND TRANSIT INFORMATION SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Since 1995, the City has contracted annually with the Chula Vista Chamber of Commerce to provide Convention and Visitors Bureau services. According to Council Policy No. 230-01, the Council considers a budget and related contract with the Chamber of Commerce for the provision of Chula Vista Convention and Visitors Bureau Promotion Services, and Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office. (Director of Community Development) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0, except on Item No.1, with the minutes for June 2, June 21, and June 23, 2005 approved 3-0-1 with Mayor Padilla abstaining. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 18. CONSIDERATION OF ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) On June 7, 2005, the City Council initiated the Community Facilities District (CFD) 97-2 (Preserve Maintenance) annexation proceedings. Adoption of the resolutions is the next step in the formal proceedings to annex the territory within Village 7 into Improvement Area A of CFD 97-2. Improvement Area A funds the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance. The City has retained the services of MuniFinancial as special tax consultant and Best Best & Krieger, LLP as legal counsel to provide assistance during the proceedings. (City Engineer) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time ~ecified in the notice. Page 7 - Council Minutes ,- - July 12, 2005 PUBLIC HEARINGS (Continued) Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he then closed the hearing. ACTION: Councihnember Rindone offered Resolution No. 2005-245, heading read, text waived: RESOLUTION NO. 2005-245, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 97-2 (pRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT 97-2 (pRESERVE MAINTENANCE DISTRICT) The motion carried 4-0. Regarding Item No. 18B, Mayor Padilla requested that the City Clerk tabulate the ballots received. City Clerk Bigelow conducted the tabulation and reported that all ballots received were in favor of the annexation and special taxes. ACTION: Deputy Mayor Davis offered Resolution No. 2005-246, heading read, text waived: RESOLUTION NO. 2005-246, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 97-2 (pRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT 97-2 (pRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO.5, AND ADDING SUCH TERRITORY TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA The motion carried 4-0. 19. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT 12-M (VILLAGE 7) On June 7, 2005, the Council initiated proceedings for the formation of Community Facilities District (CFD) 12-M. Adoption of the resolution is the next step in the proceedings to establish this CFD. 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 & Krieger, LLP as legal counsel to provide assistance during the proceedings. (City Engineer) Page 8 - Council Minutes IH-8 July 12, 2005 PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There being no members of the public who wished to speak, he then closed the public hearing. ACTION: Councilmember McCann moved to adopt Resolution No. 2005-247, heading read, text waived: RESOLUTION NO. 2005-247, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT 12-M (VILLAGE 7), DESIGNATING IMPROVEMENT AREAS THEREIN, AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WITHIN EACH IMPROVEMENT AREA The motion carried 4-0. 20. CONSIDERATION OF THE PROPOSED RESTRUCTURING OF THE SEWER SERVICE RATES The sewer service charge is paid by all users 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. On May 17, 2005, the Council adopted a resolution declaring its intention to increase sewer service charges and set a public hearing for this date to consider the issue. (City Engineer) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There were no members of the public who wished to speak. ACTION: Mayor Padilla moved to continue the public hearing to July 19, 2005. Councihnember McCann seconded the motion, and it carried 4-0. 21. CONSIDERATION OF AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN TO REVISE THE VILLAGE ONE, VILLAGE ONE WEST AND VILLAGE FIVE SITE UTILIZATION PLAN MAP BY RE- DESIGNATING THE LAND USE DESIGNATION OF SEVEN EXISTING PRIVATELY-OWNED AND MAINTAINED RECREATION FACILITIES FROM OPEN SPACE/PARK (OS/P) TO COMMUNITY PURPOSE FACILITY (CPF) APPLICANT - OTAY PROJECT, LP. " ,,::, ~ :1 Page 9 - Council Minutes July 12, 2005 PUBLIC HEARINGS (Continued) Otay Project, LP (Otay Ranch Company) requested an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan, Site Utilization Plan Map and Zoning District Map for the purposes of rezoning seven existing recreation sites currently zoned Open Space/Park (OS/P) to Community Purpose Facility (CPF). This amendment adds a CPF Master Plan supplement to the document text and brings the SPA One into consistency with the 2003 amendments to the CPF Ordinance in the P-C Zone, Section 19.48.025 of the Municipal Code. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Associate Planner Phelps presented the proposed spa amendment and zone change. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councihnember McCann offered Resolution No. 2005-248 for adoption and the following ordinance for first reading, headings read, texts waived: RESOLUTION NO. 2005-248, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE SITE UTILIZATION MAP ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE SPA ONE ZONING DISTRICT MAP RE-DESIGNATING SEVEN OPEN SPACE/PARK (OS/P) SITES TO COMMUNITY PURPOSE FACILITY (FIRST READING) The motion carried 4-0. 22. CONSIDERATION OF AN AMENDMENT TO THE FISCAL YEAR 2005/2006 ANNUAL ACTION PLAN TO REALLOCATE $244,362 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The action plan amendment will allow the City to reallocate $244,362 of Community Development Block Grant (CDBG) funds to a CDBG-eligible activity. The reallocation of the funds constitutes a substantial amendment to the action plan; as such the City is required to hold a public hearing as part of the Housing and Urban Development citizen participation requirements. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. Page 10 - Council Minutes IH- !C) July 12, 2005 PUBLIC HEARINGS (Continued) ACTION: Councihnember Rindone moved to adopt Resolution No. 2005-249, heading read, text waived: RESOLUTION NO. 2005-249, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005/2006 CDBG/HOME ANNUAL ACTION PLAN TO REALLOCATE $244,362 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AUTHORIZING SUBMITTAL OF THE ANNUAL ACTION PLAN AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND AUTHORIZING THE APPROPRIATION OF $12,126 The motion carried 4-0. OTHER BUSINESS 23. CITY MANAGER'S REPORTS There were none. 24. MAYOR'S REPORTS Mayor Padilla requested that staff provide a report to Council within 30 days regarding current construction on a property along Spruce Street and concerns by neighboring residents about significant grading and elevation modifications to the parceL Mayor Padilla also directed staff to include in the report the current Council Policy regarding second dwelling units. A. ACTION: Ratification of appointment of David Marrufo to the Civil Service Commission. Mayor Padilla moved to ratify the appointment of David Marrufo to the Civil Service Commission. Deputy Mayor Davis seconded the motion, and it carried 4-0. B. Ratification of appointment of Barbara Main to the Nature Center Board of Trustees. ACTION: Mayor Padilla moved to ratify the appointment of Barbara Main to the Nature Center Board of Trustees. Deputy Mayor Davis seconded the motion, and it carried 4-0. 25. COUNCIL COMMENTS Councihnember Rindone expressed his pleasure with the extensive local participation in the recent Celebrate Chula Vista event and gave kudos to Port Commissioner William Hall and City staff on the success of the event. He also thanked City Manager Rowlands and colleagues whg attended the opening of the green line trolley transit route; and invited all to attend the 50' anniversary event on July 17, 2005, at 12:00 p.m., at the Parkway Complex, 385 Park Way. Deputy Mayor Davis congratulated the MAAC Project on the success of its 40th anniversary party and fundraiser. She also wished good luck to the Chula Vista firefighters, who are hosting the California Summer Firefighters Olympics. Page II - Council Minutes \ G II " \-1- '., July 12, 2005 COUNCIL COMMENTS (Continued) Councihnember McCann commended all those who were involved III the success of the Celebrate Chula Vista event. Councihnember McCann spoke with respect to comments by Mayor Padilla concerning construction on Spruce Street and conveyed the need to possibly provide public notification regarding the construction of secondary dwelling units. He also expressed concern that the construction of secondary dwelling units in the area may potentially alter the zoning from single- family to multiple-family dwellings, which he believed would alter the current character of the community. Councilmember McCann requested that the meeting be adjourned in memory of the victims of the recent bombings in London, England. CLOSED SESSION Closed Session was cancelled and the following item was not discussed: 26. 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 ADJOURNMENT At 7:08 p.m., Mayor Padilla adjourned the meeting in memory of the victims of the recent bombings in London, England to the Regular Meeting of July 19, 2005, at 6:00 p.m. in the Council Chambers. ~ --fut!u-J~~~ Susan Bigelow, MMC, City Clerk 1,\",,\ \.-...", \H- 10< Page 12 - Council Minutes July 12, 2005 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 19, 2005 6:00 P.M. A 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: Councihnembers: Castaneda, Davis, McCann, Rindone, and Mayor Padilla ABSENT: Councihnembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE: Barbara Main, Nature Center Board of Trustees Tracey Abston, Child Care Commission City Clerk Bigelow administered the oath of office to Barbara Main, and Deputy Mayor Davis presented her with a certificate of appointment. Tracey Abston was not present at the meeting. . INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED PEACE OFFICER STEVEN WOJCIECHOWSKI, RECENTLY PROMOTED SERGEANT MARK JONES, AND RECENTLY PROMOTED AGENT SCOTT SCHNEIDER Police Chief Emerson introduced recently promoted Sergeant Jones and Agent Schneider and presented them with their badges. He then introduced newly hired Peace Officer Wojciechowski, and City Clerk Bigelow administered the oath of office to him. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF RECREATION, PROCLAIMING THE WEEK OF JULY 17,2005 AS NATIONAL AQUATIC WEEK Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Recreation Director Martin. \ 2,- \ July 19, 2005 Page I - Council Minutes SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION BY JIM SANDOVAL, DIRECTOR OF PLANNING & BUILDING, TO THE MAYOR AND CITY COUNCIL OF TWO PLANNING AWARDS RECENTLY RECEIVED BY THE CITY - THE AMERICAN PLANNING ASSOCIATION'S MEDIA AWARD FOR OUTSTANDING COVERAGE OF A PLANNING TOPIC FOR THE VISION 2030 GENERAL PLAN AMENDMENT VIDEO; AND THE URBAN LAND INSTITUTE SAN DIEGO/TIJUANA CHAPTER'S SMART GROWTH SUBURBAN DEVELOPMENT MODEL AWARD FOR THE OTAY RANCH COMPANY'S VILLAGE OF HERITAGE - VILLAGE CORE Planning & Building Director Sandoval presented the Mayor and City Council with the two awards. Mayor Padilla recessed the meeting at 6:34 p.m. to the joint meeting of the City Council and Redevelopment Agency. He reconvened the meeting at 6:37 p.m. with all Councihnembers present. CONSENT CALENDAR (Items 1 through 9) Councihnember McCann stated he would abstain from voting on Item 5, as his residence is within the district. Mayor Padilla stated he would abstain from voting on Item 6, as his residence is within the district. Taide & Maria Pereyra made numerous inquires regarding Item 8 and the process for implementing assessment districts. Staff was directed to provide them with the requested information. Councihnember Rindone requested the opportunity for the Council to provide input on City-initiated improvements prior to the budget adoption process. Councihnember Castaneda requested a report from staff on why the country club was not required to make improvements along Oxford and Naples to Third Avenue when building improvements were made. 1. ORDINANCE NO. 3013, ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2004 EDITION AND UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRIC CODE, 1996 EDITION, WITH AMENDMENTS (SECOND READING The state mandated that jurisdictions within the state start enforcing the 2004 California Electrical Code on August 1, 2005. This ordinance adopts the 2004 California Electrical Code, associated administrative provisions and local amendments. This ordinance was introduced July 12, 2005. (Director of Planning and Building) Staffrecommendation: Council adopt the ordinance. 2. ORDINANCE NO. 3014, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OT A Y RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE SPA ONE ZONING DISTRICT MAP, RE-DESIGNATING SEVEN OPEN SP ACE/P ARK SITES TO COMMUNITY PURPOSE FACILITY (SECOND READING) Page 2 - Council Minutes : o. ~.__ " ;..~ ...........J.. July 19, 2005 CONSENT CALENDAR (Continued) Otay Project, LP (Otay Ranch Company) requested an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan, Site Utilization Plan Map and Zoning District Map for the purposes of rezoning seven existing recreation sites (private parks), currently zoned Open Space/Park (OS/P) to Community Purpose Facility (CPF). This amendment adds a CPF Master Plan supplement to the document text and brings the SPA One into consistency with the 2003 amendments to the CPF Ordinance in the P-C Zone, Chapter 19.48, Section 19.48.025 of the Chula Vista Municipal Code. This ordinance was introduced July 12, 2005. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2005-251, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-24 AND R- 25; ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST GRANTED ON SAID MAP; APPROVING THE SUBDIVISION AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Adoption of the resolution approves the final map for neighborhoods R-24 and R-25, a subdivision of Otay Ranch Village 11. Neighborhoods R-24 and R-25 consist of 359 condominium dwelling units on two lots and one open space lot. (City Engineer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2005-252, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2005/2006 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 08-1, 07-M, 08-M AND ll-M; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT Seventeen Community Facilities Districts were formed during Fiscal Years 1998 through 2004. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space and preserve areas, or to repay bondholders. (City Engineer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2005-253, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2005/2006 WITHIN COMMUNITY FACILITIES DISTRICT 06-1, AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR THIS DISTRICT Seventeen Community Facilities Districts were formed during Fiscal Years 1998 through 2004. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space and preserve areas, or to repay bondholders. Adoption of this resolution authorizes the levy of a maximum special tax for Community Facilities District 06-1. (City Engineer) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes \~-3:, July 19,2005 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2005-254, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2005/2006 WITHIN COMMUNITY FACILITIES DISTRICTS 07-1 AND 09-M, AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT Seventeen Community Facilities Districts were formed during Fiscal Years 1998 through 2004. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space and preserve areas, or to repay bondholders. Adoption of this resolution authorizes the levy of a maximum special tax for Community Facilities Districts 07-1 and 09-M. (City Engineer) Staff recommendation: Council adopt the resolution. 7 A. RESOLUTION NO. 2005-255, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR TOBIAS DRIVE (NAPLES STREET TO OXFORD STREET) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS B. RESOLUTION NO. 2005-256, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT NO. 2005-1 (TOBIAS DRIVE) C. RESOLUTION NO. 2005-257, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENT TO FORM ASSESSMENT DISTRICT NO. 2005-1 (TOBIAS DRIVE), AND TO ORDER IMPROVEMENTS WITHIN THAT DISTRICT; APPROVING THE PRELIMINARY ASSESSMENT ENGINEER'S REPORT; SETTING THE TIME AND PLACE FOR PUBLIC HEARINGS; AND ORDERING THE INITIATION OF BALLOT PROCEDURES Residential properties along Tobias Drive, between Naples Street and Oxford Street, are currently without curbs, gutters, or sidewalks. Thirty of the thirty-nine property owners have signed a petition requesting that special assessment district proceedings be commenced for the purpose of financing the construction of these improvements. Staff has completed preliminary design and cost estimates for this project. (Director of General Services) Staff recommendation: Council adopt the resolutions. 8. RESOLUTION NO. 2005-258, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CASTLE PARK ELEMENTARY SIDEWALK IMPROVEMENTS, SOUTH SIDE OF NAPLES STREET FROM ALPINE AVENUE TO 200 FEET EAST OF TOBIAS DRIVE AND EAST SIDE OF TOBIAS DRIVE FROM NORTH OF ORLANDO COURT TO GENTRY WAY IN THE CITY OF CHULA VISTA (pROJECT STL-287) Page 4 - Council Minutes \ Q. / 1......-r-+-. July 19, 2005 CONSENT CALENDAR (Continued) On June 29, 2005, the Director of General Services received sealed bids for this project. The work to be done consists of the sidewalk improvements and related street light work as well as all labor, material, equipment, transportation, protection and restoration of existing improvements and traffic control necessary for the proj ect. (Director of General Services) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2005-259, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING TWO TREE TRIMMING CONTRACTS TOTALING $173,348.26 TO PROVIDE TREE TRIMMING SERVICES, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE ADDITIONAL, ONE YEAR OPTION PERIODS Bids for multi-year tree trimming services opened on June 9, 2005. Thirteen requests for bid were mailed; two were sent to local contractors. Three contractors submitted bids, none of them were from Chula Vista. Adoption of the resolution approves contracts with TruGreen Landcare and West Coast Arborists Inc. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0 with the exception of Item 5, which carried 4-0-1 with Councihnember McCann abstaining, and Item 6, which carried 4-0-1 with Mayor Padilla abstaining. ORAL COMMUNICATIONS Steve Molski requested Council assistance with equipment noise and dust from the materials yard located behind his neighborhood. City Manager Rowlands advised that the materials yard in question is not a City yard, but actually belongs to Sweetwater. Mayor Padilla requested that staff review the noise ordinance and provide assistance to Mr. Molski and his neighbors. PUBLIC HEARINGS 10. CONSIDERATION OF THE PROPOSED RESTRUCTURING OF THE SEWER SERVICE RATES (Continued from 7/12/05) 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. On May 17, 2005, the City Council adopted a resolution declaring its intention to increase sewer service charges and set a Public Hearing for July 12, 2005 to consider the issue. (City Engineer) > .;:c., Page 5 - Council Minutes July 19, 2005 PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. City Engineer Al-Agha introduced Civil Engineer Chukwudolu, who provided an update on wastewater rates and responded to questions of the CounciL Taide Pereyra expressed the need for a storm drain near Naples and Emerson. City Engineer Al- Agha responded that the fees being discussed are related to sewer, rather than drainage, and that a report will be brought back to the Council later this year that will address drainage issues. There being no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councihnember Davis offered the ordinance for first reading and Resolution No. 2005-260 for adoption, headings read, texts waived: 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 (4/5THS VOTE REQUIRED) RESOLUTION NO. 2005-260, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE BY ADJUSTING AND INCREASING SEWER SERVICE CHARGES FOR EACH OF THE NEXT FIVE YEARS AND APPROVING THE TRANSFER OF FUNDS FROM THE TRUNK SEWER CAPITAL RESERVE FUND TO THE SEWER SERVICE REVENUE FUND (4/5THS VOTE REQUIRED) The motion carried 5-0. 11. CONSIDERATION OF THE FISCAL YEAR 2005/2006 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 2 THROUGH 10, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS The City administers and maintains 24 open space districts that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2005/2006 enables the City to provide these ongoing services. (City Engineer) Page 6 - Council Minutes \ \=- ,/ ,'-"';;' -d July 19, 2005 PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2005-261, heading read, text waived: RESOLUTION NO. 2005-261, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTmLES FOR OPEN SPACE DISTRICTS 2 THROUGH 10, 15, 17, 18,20,23,24,26,31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS The motion carried 5-0. 12. CONSIDERATION OF THE FISCAL YEAR 2005/2006 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NO.1 AND OPEN SPACE DISTRICT NO.1 These districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2005/2006 enables the City to provide these ongoing services. Adoption of the resolution approves the levy of assessments for EastLake Maintenance District No.1 and Open Space District No.1. (City Engineer) Councilmember McCann stated that he would abstain from discussion and voting on this item because his residence is in the district. He then left the Council Chambers. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Rindone offered Resolution No. 2005-262, heading read, text waived: RESOLUTION NO. 2005-262, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTmLES FOR EASTLAKE MAINTENANCE DISTRICT NO.1 AND OPEN SPACE DISTRICT NO.1 The motion carried 4-0-1 with Councihnember McCann abstaining. Councilmember McCann returned to the Council Chambers. Page 7 - Council Minutes l,~ -.-,. ..c..-/ July 19, 2005 PUBLIC HEARINGS (Continued) 13. CONSIDERATION OF THE FISCAL YEAR 2005/2006 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 11 Open space districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2005/2006 enables the City to provide these ongoing services. Adoption of the resolution approves the levy of assessments for Open Space District 11. (City Engineer) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Mayor Padilla offered Resolution No. 2005-263, heading read, text waived: RESOLUTION NO. 2005-263, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTffiLES FOR CITY OPEN SPACE DISTRICT 11 The motion carried 5-0. 14. CONSIDERATION OF THE FISCAL YEAR 2005/2006 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 14 Open space districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2005/2006 enables the City to provide these ongoing services. Adoption of the resolution approves the levy of assessments for Open Space District 14. (City Engineer) Councilmember Davis stated that she would abstain from discussion and voting on this item because her residence is in the district. She then left the Council Chambers. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. Page 8 - Council Minutes 113.,- R July 19, 2005 PUBLIC HEARING (Continued) ACTION: Councilmember Rindone offered Resolution No. 2005-264, heading read, text waived: RESOLUTION NO. 2005-264, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICT 14 The motion carried 4-0-1, with Councilmember Davis abstaining. Councilmember Davis returned to the Council Chambers. OTHER BUSINESS 15. CITY MANAGER'S REPORTS City Manager Rowlands reported on the efforts of the San Diego County Police Chiefs' & Sheriff's Association with regard to border protocol and the Minuteman border patrol in San Diego County. 16. MAYOR'S REPORTS Mayor Padilla stated that the SANDAG Board had referred the Minuteman item to SANDAG's Public Safety Committee, which he chairs, and that he would be bringing an item back on a future Council agenda pertaining to the Minuteman group. 17. COUNCIL COMMENTS Councilmember Rindone congratulated Nature Center staff on their volunteer recognition celebration. CLOSED SESSION 18. 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 9 - Council Minutes \r.:;>Q 1\"";':' - \ July 19, 2005 CLOSED SESSION (Continued) 19. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. City ofChula Vista v. Evanston Ins. (SDSC # GlC 818513) B. Sanchez v. City of Chula Vista [USDC # 04 CV 0084 (DMS)] C. CityofChula Vista v. SANDPIPA No reportable action was taken on these items. ADJOURNMENT: At 8:20 p.m. Mayor Padilla adjourned the meeting to the Regular Meeting of July 26, 2005, at 6:00 p.m. in the Council Chambers. ~ iu-d.J.i~8:~ Susan Bigelow, MMC, City Clerk \ e:, _l ,:::> Page 10 - Council Minutes July 19, 2005 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 26, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 12 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councihnembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED POLICE OFFICERS Police Chief Emerson introduced the recently hired police officers. City Clerk Bigelow administered the Oath of Office to Officer Oswaldo Rivera. CONSENT CALENDAR (Items 1 through 8) With reference to Item 7, Councilmember Rindone recommended that there be a minimum of two members of the Commission on Aging who are representative of the disabled community. 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of June 28, 2005. Staff recommendation: Council approve the minutes. 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. Page I - Council Minutes , .~""'I '...... "~. , July 26, 2005 CONSENT CALENDAR (Continued) 3. ORDINANCE NO. 3015, 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) Staff recommendation: Council adopt the ordinance. 4 A. RESOLUTION NO. 2005-265, 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) l2-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. 5. RESOLUTION NO. 2005-266, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING 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 and 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. Page 2 - Council Minutes , ,,- " t._ 2!... July 26, 2005 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2005-267, 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 NO. 2005-268, 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 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) Staff recommendation: Council adopt the resolution. ACTION: With reference to Item 7, Councilmember Rindone moved to introduce the ordinance as amended to include a provision that a minimum of two members of the Commission on Aging shall be representative of the disabled community. Mayor Padilla seconded the motion, and it carried 5-0. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the balance ofthe Consent Calendar, headings read, texts waived. The motion carried 5-0. Page 3 - Council Minutes '.... - ..:+ ~ July 26, 2005 ORAL COMMUNICATIONS Lupita Jiminez congratulated the recently hired police officers and commented that women should also be considered for police officer positions. PUBLIC HEARINGS 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) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Assistant Director of Finance Davis recommended that the 86 delinquent sewer accounts, valued at $41,900, be placed on the next regular property tax bill for collection. Councihnember McCann requested staff to provide a brief report on the lien process in order to assess how efficiently the program is working. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Councihnember McCann offered Resolution No. 2005-269, heading read, text waived: RESOLUTION NO. 2005-269, 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 The motion carried 5-0. 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 Minutes \ ,""'> ,( '\- =~ July 26, 2005 PUBLIC HEARINGS (Continued) 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 timelier basis. (Director of Finance) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Assistant Director of Finance Davis recommended that the 146 delinquent solid waste accounts ,valued at $18,369, be placed on the next regular property tax bill for collection. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2005-270, heading read, text waived: RESOLUTION NO. 2005-270, 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 The motion carried 5-0. 11. 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 would update the Pedestrian Bridge Development Impact Fee program for Otay Ranch Village 11 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) 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 IMPACT FEE PROGRAM FOR OTAYRANCHVILLAGE 11 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 11 ACTION: It was the consensus of the Council to remove Item 11 from the agenda at the request of staff. The public hearing was not opened, and no action was taken. Page 5 - Council Minutes \c- s July 26, 2005 PUBLIC HEARINGS (Continued) 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) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Senior Planning Technician Young presented the proposed school location and conditional use permit (CUP). Councilmember Castaneda asked why the Planning Commission restricted the CUP to five years. Planning and Building Director Sandoval replied that he believed the commission had adhered to the standard requirement of a five-year CUP expiration. He also commented that he believed the site had no potential to cause problems. Joe Carroll, representing the University of Phoenix, explained that the Planning Commission had not focused on the lease term, which has been extended for more than seven years. He added that the City has the opportunity at any time to review the tenant's compliance with the CUP's conditions of approval. With no other members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councihnember McCann offered Resolution No. 2005-271, heading read, text waived: RESOLUTION NO. 2005-271, 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 The motion carried 5-0. 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) Page 6 - Council Minutes \.~ ./ ',- - -::=') July 26, 2005 PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Senior Planning Technician Young presented the proposed CUP for Bonita Country Day School. Deputy Mayor Davis stated that she was contacted last year by some parents who had removed their children from the school as a result of health concerns about the ventilation in the classroom. She asked how the City addressed such health concerns. Planning and Building Director Sandoval replied that the County Health Department would be the agency to address such safety issues. Mr. Paul Catanzaro, Headmaster of Bonita Country Day School, clarified that following the San Diego fires a couple of years ago, the school provided the City with two environmental reports verifying that the air in all rooms was cleaner inside than outside. Councihnember Castaneda asked if the City has a policy that addresses the appropriateness of waiving fees for various non-profit entities. Director Sandoval replied that the Municipal Code provides that a certain dollar amount may be waived by the City Manager; and higher amounts would be brought forward for Council approval. Councihnember Castaneda asked why the application fees should be waived. Director Sandoval responded that the rationale by staff to waive the fees was based on 1) the fact that the school has a copy of its non-profit status; 2) the school's tuition fee covers its cost to educate the students but includes no profit, and 3) the Council approved the original CUP. Councilmember Castaneda asked whether Bonita Country Day School offered scholarships to disadvantaged students. Mr. Catanzaro replied that the school offers discounts for second and third children in a family. Mayor Padilla expressed the need to refine the City's policy regarding the waiver of fees for non- profit organizations. He added that he would like to see updated documentation about the school's status as a non-profit and believed that if fees were to be waived, the school should give something back to the community in return. He stated that he would support the CUP but could not support the waiver of fees. ACTION: Councilmember Castaneda offered Resolution No. 2005-272, as amended to remove the waiver of application fees for the project, heading read, text waived: RESOLUTION NO. 2005-272, RESOLUTION OF THE C).'TY 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 AT 625 OTAY LAKES ROAD IN THE BONITA LONG CANYON PLANNED COMMUNITY PUBLIC QUASI ZONE The motion carried 5-0. Page 7 - Council Minutes \ ~ _ -7 C l July 26, 2005 OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. 15. 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 . 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 ACTION: Mayor Padilla moved to ratify the reappointment of the abovementioned Commissioners. Councihnember Rindone seconded the motion, and it carried 5-0. B. Council appointment to the Chula Vista Veterans Home Support Foundation ACTION: Mayor Padilla moved to appoint Deputy Mayor Davis and Councilmember McCann to the Chula Vista Veterans Home Support Foundation. Councilmember Castaneda seconded the motion, and it carried 5-0. C. Council appointment to the City/Schools Task Force Mayor Padilla requested the City Attomey to review how the City/Schools Task Force was formed and determine whether members could rotate for quarterly meetings. Further, he asked that that this item be brought back for discussion at a future date. No action was taken. D. Council appointment to the Police Activities League ACTION: Mayor Padilla moved to appoint Councihnember Castaneda to the Police Activities League. Councilmember McCann seconded the motion, and it carried 5-0. Page 8 - Council Minutes 'c. .:!\ I -- ~ \ '._:J July 26, 2005 MAYOR'S REPORTS (Continued) Mayor Padilla announced that the Council and Agency meetings would adjourn in memory of Mark Allen, Lead Custodian for the City. Mayor Padilla talked about Mark's good work ethic, positive attitude, and the love and respect he attained from the Council and all levels of staff. 16. COUNCIL COMMENTS Councilmember Rindone congratulated Detective Mark Jones, who was selected as the City's Police Office of the Year. He requested that Police Chief Emerson formerly recognize Detective Jones at a future Council meeting. Councilmember McCann acknowledged the recent 50th anniversary celebration of Parkway Gym. Councilmember Castaneda congratulated Mayor Padilla on his recent appointment to the California Coastal Commission. ADJOURNMENT Mayor Padilla adjourned the meeting in memory of Mark Allen 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 was cancelled. ~ iUW~~ Susan Bigelow, MMC, City Clerk Page 9 - Council Minutes lc-'l July 26, 2005 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 2, 2005 4:00 p.m. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:00 p.m. in Conference Rooms 2 and 3 of the Public Services Building, located at 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: Davis 1. INTERVIEWS TO FILL TWO VACANCIES ON THE PLANNING COMMISSION The City Council interviewed the following candidates for the two vacancies on the Planning Commission: Jason Estrada Jose Luis Romo Jan Buddingh Pamela Bensoussan Gary Nordstrom Katherine Magallon David Krogh Rafael Munoz J esse Navarro ACTION: Mayor Padilla moved to appoint Pamela Bensoussan and Gary Nordstrom to the Planning Commission. Councilmember Rindone seconded the motion, and it carried 4-0. ORAL COMMUNICATIONS There were none. ADJOURNMENT At 6:40 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on August 9,2005, at 4:00 p.m. in the Council Chambers, and thence to the Regular Meeting of August 9, 2005 at 6:00 p.m. in the Council Chambers. -::::- ~~~~7~ Susan Bigelow, MMC, City Clerk It::> r:R~O~ ~\)~ ORDINANCE NO. ~~\)\~G ORDINANCE OF THE CITY COUNCIL OF THi>~9~\)OF CHULA VISTA, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITIUN 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, Title 5 of the Govemment Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article Xl 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 designated as COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7) (the "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 this ordinance, authorize the levy of special taxes within 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 the special taxes to be levied within the District for the then current tax year or future tax years, except that the special tax to be levied within the District shall not exceed the maximum special tax calculated pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner 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, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County 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 the special tax. The lien of the special tax shall continue in force and effect until 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 RVPUB\MUM\692166. t 2-1 until the special tax ceases to be levied by the City Council 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 Gov=ent 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 RVPUBIMUM\692166. I 2-2 RVPUB\MUM\692!66.! Exhibit "A-I" CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12M RATE AND METHOD OF APPORTIONMENT FOR VILLAGE 7 IMPROVEMENT AREA A 2-3 RVPUB\M1JM\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 2-4 COUNCIL AGENDA STATEMENT Item: 3 Meeting Date: AUl!llSt 2. 2005 REVIEWED BY: Resolution amending the FY05/06 Library Department budget by appropriating a one-time unanticipated grant revenue in the amount of $6,000 for the Local History Digital Resources Program Assistant City ManagerJLibrary Director~ City Manager,G:) (4/5ths Vote: YES X NO ~ ITEM TITLE: SUBMITTED BY: The Chula Vista Public Library recently received a one-time grant award from Library Services and Technology Act (LST A) in the amount of $6,000 for fiscal year 2006 for the Local History Digital Resources Program. STAFF RECOMMENDATION: That Council adopt the resolution amending the FY05/06 Library Department budget by appropriating unanticipated one-time grant revenue in the amount of $6,000 for expenditures associated with the Local History Digital Resources Program. BOARD/COMMISSION RECOMMENDATION: The Library Board of Trustees endorsed the grant application at their July 20, 2005 meeting. DISCUSSION: The Chula Vista Public Library has been awarded a one-time grant in the amount of $6,000 from the Library Services and Technology Act (LSTA). This grant will allow the Library to digitize over 200 photographs documenting the history of Chula Vista. In the late 1970's, John Rojas (1930-2000) received a grant from the Chula Vista City Council to collect photographs of the city. As a result, the Chula Vista Public Library's John Rojas Collection consists of more than 5,000 photographs documenting the history of Chula Vista. The collection as a whole dates from the early 1900's through the 1990's. It highlights Chula Vista's history and covers such topics as: . Early Agriculture and the Lemon Industry . History Homes . Community Events . Schools . Businesses . Buildings . Libraries 3-1 Page 2, Item: 3 Meeting Date: AulZUSt 2. 2005 · Aviation · Parks · Aerial Views of the City · Noted Individuals Once digitized these photographs will be stored in the UC Libraries Digital Preservation Repository, and free on-line access granted thru the Online Archive of California, and American West portal. Putting the photographs in electronic form will increase their accessibility by allowing library users, visitors and the community to view them anytime and anywhere without having to travel to Chula Vista. FISCAL IMPACT: The one-time grant award in the amount of $6,000 will be appropriated into the current year Library's supplies and services budget. 3-2 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 05/06 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $6,000 FOR THE LOCAL HISTORY DIGITAL RESOURCES PROGRAM WHEREAS, the Chula Vista Public Library recently received a one-time grant award from Library Services and Technology Act (LST A) in the amount of $6,000 for fiscal year 2006 for the Local History Digital Resources Program; and WHEREAS, this grant will allow the Library to digitize over 200 photographs documenting the history ofChula Vista. In the late 1970's, John Rojas (1930-2000) received a grant from the Chula Vista City Council to collect photographs of the city; and WHEREAS, the Chula Vista Public Library's John Rojas Collection consists of more than 5,000 photographs documenting the history of Chula Vista. The collection as a whole dates from the early 1900's through the 1990's. It highlights Chula Vista's history; and WHEREAS, once digitized these photographs will be stored in the UC Libraries Digital Preservation Repository, and free on-line access granted thru the Online Archive of California, and American West porta. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a Vista does hereby amend the FY05/06 Library Department budget by appropriating unanticipated one-time grant revenue in the amount of $6,000 for expenditures associated with the Local History Digital Resources Program. Presented by Approved as to form by David Palmer Assistant City Manager/Library Director ~~~~ Ann Moore City Attorney J:\attomey\reso\finance\Amend FY 05 Library Dept for Literacy 3-3 COUNCIL AGENDA STATEMENT Item '-I Meeting Date 08/09/05 ITEM TITLE: Resolution rejecting bids and directing the City Engineer to re- advertise the Upgrade of Traffic Signal at Second Avenue and H Street (TF- 326/TF-311) project SUBMITTED BY: City Engineer ~ REVIEWED BY: City Manager (liV (4/5ths Vote: Yes _ No.lL) On Wednesday, June 22, 2005, the City Engineer received sealed bids from three electrical Contractors for the Upgrade of Traffic Signal at Second Avenue and H Street (TF-326/TF-311) project. All of the bids were found to be incomplete and per City Attorney's recommendation shall be rejected. RECOMMENDATION: That Council reject the non-responsive bids received and direct the City Engineer to re-advertise the project. BOARDS/COMMISSIONS: Not applicable. DISCUSSION: The current City's Capital Improvement Program (CIP) includes a signal upgrade project at two signalized intersections at First Avenue/H Street and Second Avenue/H Street (TF-311). On February 8,2005, Council awarded the upgrade of traffic signal at the intersection of First Avenue and H Street - fIrst of the two intersections budgeted under the TF-311 project. As previously mentioned at that meeting, the second intersection - Second A venue and H Street - would be advertised separately after a receipt of construction authorization from Caltrans. Subsequently, on February 10, 2005, Caltrans authorized the construction of the second location, the intersection of Second Avenue and H Street under a federal project number STPLH 5203 (018). Only the signal upgrade at Second Avenue and H Street project was approved for a HES grant funding. In order to better organize and separate any federally qualified and reimbursable expenses, staff created a new project number TF-326 for the Second Avenue and H Street project but it shares the same project funding account number with TF-311. Funding sources for this project are from traffic signal fund and gas tax. The scope of work is summarized on Attachment 1. Staff advertised the project on May 27, 2005 and opened bids on June 22, 2005. All three bids submitted were found to be non-responsive due to missing key documents that were determined to compromise the integrity of the bid submittals. The decision to recommend rejection of the bids was reached after consultation with the City Attorney. All bidders have been already notifIed by mail of their bid deficiencies. Environmental Status: The work involved in this project is categorically exempt under Section 4-1 Page 2, Item if Meeting Date 08/09/05 15301 of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Proiect Schedule: Due to the incomplete bids, staff would like to re-advertise the project this month and receive bids in September of2005. If the City Council approves tonight's action, it is expected that the proj ect will be awarded in October with work Commencing in November, a two-month delay over the original schedule. FISCAL IMPACT: $500 for re-advertisement costs. Attachment: 1. Scope of Work Summary 2. Capital Improvements Program Detail Sheet J: IEngineerlAGENDA ICAS200518-09-05\RebidTF326TF311 Al13fxr.doc 4-2 Attachment 1 Scope of Work Summary Proiects TF-326/TF-311, Furnish and Install: . New Traffic Signal Standards Mast Arms Signal Light Emitting Diode (LED) Indications Wiring Video Detection System Conduits Luminaries Pull Boxes Internally llluminated Street Name Signs (rrSNS) Meter Pedestal Cabinet Uninterruptible Power Supply (UPS) Unit Signs ADA Pedestrian Push Button Framework . . . . . . . . . . . . . Other Work: . Removal and Salvage of Existing Street Light Mast Arms, Luminaires, Existing Signs . Relocation of Existing Indications, IISNS, and EVPE . Replacing of Existing Pull Box, Cabinet, and New LED Indication per plan . Traffic Control . Protection, Restoration, Removal, and Disposal of Existing Improvements . Removal and Salvage of Existing Improvements . 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'" '" u " " .g ~ Q. o " o ;; a " " .g :;; ." <{ ,;.: " w ... ... w ... w " c ::> III RESOLUTION NO. 2005- RESOLUTION REJECTING BIDS AND DIRECTING THE CITY ENGINEER TO RE-ADVERTISE THE UPGRADE OF TRAFFIC SIGNAL AT SECOND AVENUE AND H STREET (TF-326/TF-3l1) PROJECT WHEREAS, the City's current Capital Improvement Program (CIP) includes a signal upgrade project at two signalized intersections, First AvenueIH Street and Second AvenueIH Street (TF-311); and WHEREAS, only the signal upgrade at Second Avenue and H Street project was approved for a Hazard Elimination Safety (HES) grant federal funding; and WHEREAS, in order to better organize and separate any federally qualified and reimbursable expenses, staff created a new project number TF-326 for the Second Avenue and H Street project sharing the same project funding account number with TF-311; and WHEREAS, on February 8, 2005, Council awarded the upgrade of traffic signal at the intersection of First Avenue and H Street - the first of the two intersections budgeted under the TF-311 project; and WHEREAS, due to the requirements of the HES grant funding, the second intersection - Second Avenue and H Street was advertised separately on May 27, 2005, after receiving construction authorization from Caltrans; and WHEREAS, staff opened bids on June 22, 2005 and all three bids submitted were found to be non-responsive due to missing key documents that were determined to compromise the integrity of the bid submittals; NOW, THEREFORE, be it resolved that the City Council of the City ofChula Vista does hereby reject all bids and directs the City Engineer to re-advertise the Upgrade of Traffic Signal at Second Avenue and H Street (TF-326/TF-311). Presented by Approved as to form by il=JJ) /JuL oore y Attorney Sohaib Al-Agha City Engineer 4-5 COUNCIL AGENDA STATEMENT Item Meeting Date 08/09/05 6 ITEM TITLE: Resolution of Intention of The City Council of The City of Chula Vista for setting a Public Hearing for September 13, 2005 to consider vacating a Pedestrian Access Easement connecting East Reinstra Street and The Apollo II Condominium Complex SUBMITTED BY: City Engineer 5k REVIEWED BY: City Manager ~ (4/5ths Vote: Yes: _ No: l) The City of Chula Vista is considering vacating a pedestrian access easement connecting East Reinstra Street and the Apollo II Condominium Complex located off Melrose Avenue north of Orange Avenue. The Paul Miller Company, representative of the Apollo II Homeowners Association and the owner of the property located at 274 East Reinstra Street has requested the vacation of the above-mentioned easement. In order to vacate this easement Council must first set a Public Hearing to consider the Vacation. RECOMMENDATION: That Council set the subject public hearing for September 13, 2005 at 6:00 p.m. in the Council Chambers to consider the adoption a resolution ordering the vacation of the pedestrian access easement connecting East Reinstra Street and the Apollo II Condominium Complex located off Melrose Avenue north of Orange Avenue. BOARDS/COMMISSIONS RECOMMENDATIONS: None. DISCUSSION: Over the past two years the City has been in communication with representatives of the Apollo II Homeowners Association and the owner at 274 East Reinstra Street. These communications have been in regard to the rising crime and graffiti problems associated with the subject pedestrian access easement. The Easement was originally offered to and accepted by the City on Map 6920, Apollo Unit Number II, recorded on May 4, 1971 and on Map No. 6850 Apollo Unit Number I, recorded on February 22, 1971 (See Attached Exhibit A and B). The easement was for use as access from the condominium complex to East Reinstra Street. Over the years it has, by virtue of its location, become the source of numerous complaints about graffiti, disturbances and criminal activities. A review of police statistics for the period between May 2004 and May 2005 shows significant activity in the area near the pedestrian access easement. Because this easement is solely for the benefit of the homeowners of Apollo II and since the Homeowners Association has requested that the easement be removed to alleviate crime, the 5-1 Page 2, Item Meeting Date 5 08/09/05 easement may not be needed for public use. It is staffs recommendation that a Public Hearing be held to consider the vacation of this easement. The vacation of the pedestrian access easement will not affect the existing public drainage easement or facilities located within 274 East Reinstra Street. There are no non-city utilities within the easement proposed for vacation. Staff will post conspicuous notices of vacation along the easement proposed to be vacated and will publish the notice of the hearing in a local newspaper in accordance with the requirements of the California Streets and Highways Code, Chapter 3. FISCAL IMPACT: None, future impacts dependant upon Council's Action at the Public hearing on September 13, 2005. Attachment: Exhibit A: Vicinity Map of the Proposed Easement to be vacated Exhibit B: Subdivision Maps 6850 and 6920 showing easement 5-2 "'-. ,",f>-~\.. c"i 1.:) S3'~\t +J C \f) ~ ~~ tB G)~ ~ C.E ~ RS "C ~ i m tB ~&: ~ ~~~~ ~ fit ~tC~101@ rn =E rB mlBtfi~01@ <(0 tB '"'€.\..~os€. p..\J I@~I@ f- (J) g (J) z UJ cr UJ _CD -() o c: =CU o I.... a..+-' <(tTI 1@'00 5-3 EXHIBIT "A" ~~III~~ 7111 6~ is .... ~ 1::- e ~ Q). Cl ~U fil e I:: ;:s tl .... 1:: .$ 't; e ~.g ~ I:: -;8 I::t::l oS Cl ....- tl- (J Cl ~~ W ..J f- ;:: " ,.] 'z ~ o Z rn llJ 5 z ::;! en "' 0 :> cb '" CD ,.:. C 0 llJ W ~ !;( llJ C 0:: 0.. I I / -;;;\ /'''''''t-, "f-",,~ SS..;i>:$>sp--.;> . ""-S,>. ..)..)6- ~~~~~ ~ ~ ~ '-. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '", \ -, , I "" , l.: ) j :? r.', ... '!~I , 'ICl -J ___ -- I ! Ci 7' I '-, i.: ,L, Ii. I <C (l.) ~ If;} /. , I i .1 , a Iii :z: I : i !-:....-f--I- i -'., Ii: 7' I i " " ' I I -I '/ ! I ' C) .", ---1 iff) ! -1 / 'I I ~; I I <' I '. ~ , , ; -l-l---.- EXHIBIT "B" ',iI. ~ ",I ~ 1 illJ': to"". "Jill .,1>/. . . 'lfr /V. _-.,v'" . "- . r..>~ --.} , II) II) ~~ ~~ ~ . I ~ . I, ~ :;;:CZ.Si?fi'1Y \" "- oo'o,;"?: \ , '" 'l.), .co,- ~ , \- <::. --' ,;.'" ~ \J \) /, 'i , ~ ~-l . ~ " \i t 1-., r, ,\j "'in f S ~,K) ~!I\ ~. IS l:) ,," ~4J ,~ ,~ I , ,~ ~ ~ ~ .,...,,' .JL ' Ll,r ~ , ~ :. , SCAlE ,.~ ~ ~ ~ @ '. ~. -~~. 'i '.. ... - . 5-4 ~ \A) ....s> c- -.,!, ~ EXHIBIT "8" .... O'f' ~~ ~ ~ j ~ t.i) 0.. , ., -..- ~~ ~ = t.i)--.~. . ~~~. j . . .m It,l..c::; . l) Z - -a: tl.. . .,- . . o --'-~-' . Z t~~ I i~t ~I(\I ~ ~~ ,.- ~~~ . .~ RESOLUTION NO. RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR SETTING A PUBLIC HEARING FOR SEPTEMBER 13, 2005 TO CONSIDER VACATING A PEDESTRIAN ACCESS EASEMENT CONNECTING EAST REINSTRA STREET AND THE APOLLO II CONDOMINIUM COMPLEX. WHEREAS, the City of Chula Vista is commencing the vacation proceedings for the Pedestrian Access easement offered to and accepted by the City on Map 6920, Apollo Unit Number II, recorded on May 4, 1971 and on Map No. 6850 Apollo Unit Number I, recorded on February 22, 1971 (See Attached Exhibit AJ; and WHEREAS, the aforementioned Pedestrian Access Easement only serves the homeowners of said Apollo Unit Number II, and the Homeowners Association of Apollo Unit Number II has requested the vacation of this easement to help alleviate graffiti, disturbances and criminal activity associated with this easement area; and WHEREAS, in order for the City to vacate this easement, Council must first adopt a resolution of intention and set a public hearing in accordance California Streets and Highways Code section 8320 et seq.; and, WHEREAS, it is recommended by City staff that Council hold a public hearing on this matter on Tuesday, September 13, 2005, at 6:00 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Ave, Chula Vista, CA 91910. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby set a public hearing on Tuesday, September 13, 2005, at 6:00 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Ave, Chula Vista, CA 91910 to consider vacating the Public Access Easement connecting East Reinstra Street and the Apollo II Condominium Complex, as shown in Exhibit A attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to post the notice of the public hearing in accordance with the Streets and Highways Code and City ordinances. Presented by Approved as to form by ~t - -...) "'" oore y Attorney P /rL~ -- Alex Al-Agha City Engineer 5-6 COUNCIL AGENDA STATEMENT Item: & Meeting Date: 8/9/2005 SUBMITTED BY: Resolution W31vrng the Consultant Selection process as impractical and approving an agreement between the City of Chula Vista and "I Love A Clean San Diego, Inc." for the development and implementation of storm water public education and outreach programs required pursuant to the - National Pollutant Discharge Elimination System (NPDES) Municipal Permit and authorizing the Mayor to execute said agreement on behalf of the City Director OfPUbli~ Works Operations!1/ City Manager ~ (:;J (4/5ths Vote: Yes _No X) ITEM TITLE: A) REVIEWED BY: The National Pollutant Discharge Elimination System (NPDES) Municipal Permit (Order No. 2001- 01) issued by the California Regional Water Quality Control Board (Regional Board) requires Copermittees to implement, among other things, public education and outreach programs with the goal of increasing public awareness regarding protection and improvement of regional and local water resources and preservation of their beneficial uses. Staff has determined that, in order to enhance existing activities and increase the overall effectiveness of the City's compliance program, the NPDES public education and outreach program must be broadened to include all stakeholders, including environmental groups, local water agencies, local schools, businesses, developers, community groups, the Nature Center, and others. Staff determined that a consultant with the following qualifications would be best suited to assist City staff in improving upon existing educational programs: . Experience in developing effective local and regional public education programs . Working relationships with the broad stakeholder community, as well as the City of Chula Vista Due to the expertise, specialized knowledge, and experience necessary to organize and facilitate stakeholder-based programs, staff determined that I Love A Clean San Diego, Inc. (ILACSD), a local non-profit corporation, is uniquely qualified in the region to perform these services. For this reason, staff is requesting that Council waive the consultant selection process as impractical and approve an agreement between the City and ILACSD for the development and implementation of storm water public education and outreach programs. RECOMMENDATION: That Council adopt the resolution waiving the consultant selection process as impractical and approving an agreement between the City of Chula Vista and "I Love A Clean San Diego, Inc." for development and implementation of storm water public education and outreach programs required pursuant to the National Pollutant Discharge Elimination System (NPDES) Municipal Permit and authorizing the Mayor to execute the agreement. 6-1 Page 2, Item: fV Meeting Date: 8/9/2005 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Since adoption of the Chula Vista Jurisdictional Urban Runoff Management Program (JURMP) by the City Council in February 2002, staff has implemented various public education and outreach _ programs, such as participating in and providing storm water education during community events, organizing storm drain stenciling events, distributing informative brochures, participating in regional public education activities, and hosting workshops for commercial and industrial businesses. Experience gained by staff over the past several years indicates that public education and outreach is a very powerful and cost-effective component of the City's JURMP. The City also co-sponsors the "Think Blue" Campaign established by the City of San Diego, the Port of San Diego, Caltrans, and the County of San Diego. The "Think Blue" Campaign conducts public education and outreach programs at a regional level with emphasis on television Public Service Announcements. The "Think Blue" Campaign has been effective in increasing the general public's awareness of storm water pollution and prevention, but lacks community and stakeholder involvement at the local level. Therefore, it is important to develop local programs that build upon regional messages, with a decidedly local and personal connection to the City's unique and precious natural environment and resources to assure long-term public commitment to local, shared environmental quality goals. Chula Vista's present and future growth requires the development of an integrated storm water public education and outreach program that includes increased participation by citizens, volunteers, environmental groups, private businesses and organizations, local water agencies, local schools, developers, community groups, the Nature Center, and others. It is anticipated that implementation of such programs will increase awareness among Chula Vista's residents and businesses of the need for watershed protection and water quality improvement and will result in lasting behavior changes that benefit Chula Vista's environmental and community quality. Such an undertaking is best accomplished by retaining the servIces of a consultant with the following qualifications: Experience in developing effective local and regional public education programs Working relationships with the broad stakeholder community, as well as the City ofChula Vista A consultant with such qualifications would be best suited to assist City staff in improving the continuity of existing City environmental education and outreach programs and developing new, complementary programs. Due to the expertise, specialized knowledge, and experience necessary to organize and facilitate stakeholder-based programs, staff determined that I Love A Clean San Diego, Inc. (ILACSD), a local non-profit corporation, is uniquely qualified in the region to perform these services. 6-2 ! Page 3, Item: :.., Meeting Date: 8/9/2005 ILACSD has an excellent reputation in the required field and has previously entered into agreements for educational and outreach programs with the City. ILACSD's qualifications and services are uniquely relevant to the type of services now needed to improve the effectiveness of the City's NPDES Education and Outreach Program. ILACSD is a local nonprofit corporation formed in 1968 and is a recognized leader in local environmental education. ILACSD's Mission Statement is "Through outreach, community involvement and example, ILACSD leads and educates our community to actively conserve and enhance the environment." ILACSD has seven employees and _ receives support from over 9,500 volunteers a year. The organization uses hands-on methods to bring environmental education to communities throughout San Diego County. Providing hundreds of presentations a year, ILACSD maintains close connections with area schools, citizen groups, community organizations and businesses. ILACSD's ability to develop educational programs and to deliver them in a unique and effective manner ensures large-scale awareness of key environmental issues. ILACSD's experience also includes negotiating for sponsorship of various environmental programs. In Phase 3 of the proposed scope of services, ILACSD is tasked with soliciting $15,000 on the City's behalf for the implementation phase of the program. These funds will be used to enhance the scope of the program and reduce dependency on City funds. Staff was unable to identify other consultants with similar qualifications and experience. It should be noted that as a non-profit corporation, ILACSD operates with minimal overhead costs. This translates into a proposal that is very cost effective and favorable to the City. Based on the above considerations, staff has determined ILACSD to be the Sole Source Provider of services required by the City and recommends that Council waive the Consultant Selection process as impractical and enter into a phased fixed-Fee service agreement (Exhibit A) in the amount of $68,540 with ILACSD to develop and implement an integrated storm water public education and outreach program as set out below and in ILACSD's proposal to the City (Exhibit B). The primary tasks ILACSD will perform for the City under the proposed agreement will include: Phase 1: Develop .pollution prevention stakeholder task force Phase 1 will include targeting member organizations, developing collateral materials to target organizations, contacting target organizations and conducting initial meeting(s). Phase 2: Develop pollution prevention public education campaign plan Phase 2 will include conducting meetings with stakeholders, researching and segmenting target audiences, and developing a Public Education Plan. Phase 3: Acauire approximatelv $15.000 III supplemental funding/sponsorship for public education campaign 6-3 Page 4, Item: c., Meeting Date: 8/9/2005 Phase 3 will include targeting potential sponsors, creating sponsorship packages, and contacting and meeting with targeted sponsors. Phase 4: Implement public education campaign plan Phase 4 will include implementing the Public Education Plan utilizing various outreach tools, including but not limited to the following: . Outdoor advertising (billboards and buses) · Print (Union-Tribune, Star News, community papers) . Direct mail (billing inserts) · Interpretative displays at entrances to waterway trails . Public presentations Staff will provide progress reports to the Council upon completion of Phases 2 and 4. Upon approval of the proposed resolutions by Council, ILACSD will begin its work in August 2005 and complete all tasks in fifteen to eighteen months. FISCAL IMPACT: Funds to cover public education and outreach service costs have been included in the NPDES Program's FY2005-06 operating budget, which was previously approved by Council. There will be no impacts to the General Fund. In addition, in Phase 3 of the proposed agreement, ILACSD will solicit approximately $15,000 in outside, supplemental funding/sponsorship for implementation of the public education campaign (phase 4). Attachments: Exhibit A: Proposed Agreement Between the City and I Love A Clean San Diego, Inc. Exhibit B: ILACSD Proposal for Providing Environmental Education Services to the City of Chula Vista K:\Public Works Operations\NPDES\Agenda\ILACSD Agenda.doc 6-4 ATTACHMENT A PROPOSED AGREEMENT BETWEEN THE CITY AND I LOVE A CLEAN SAN DIEGO 6-5 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~Q(~~~~~ Ann oore City Attorney Dated: f.\ ~~ 3. , -z..c:1O s: Agreement betw n City or'Chula Vista and I Love A Clean San Diego, Inc. for National Pollutant Discharge Elimination System (NPDES) For Public Education and Outreach Services 6-6 Parties and Recital Page (s) Agreement between City of Chula Vista and I Love A Clean San Diego, Inc. For National Pollutant Discharge Elimination System (NPDES) Public Education and Outreach Services This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City seeks to comply with all aspects of the 1987 Amendments to the Federal Water Pollution Control Act (Clean Water Act and its implementing regulations, 33 USCA Section 1251 et seq.), the Porter-Cologne Water Quality Control Act (California Water Code 13020 et seq.) and its implementing regulations, and the San Diego Regional Water Quality Control Board NPDES Permit Number CAS0108758 and any subsequent amendments thereto; and, Whereas, in order to comply with Federal and State law, and implement the education component of the City's Jurisdictional Urban Runoff Management Program it is necessary for the City to develop and implement an integrated public education and outreach program; 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; and, Whereas, City has determined that Consultant is able and uniquely qualified to provide the required services; and, Whereas, City has determined that Consultant is a Sole Source Provider of the required services; NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1 , 2005 Page 1 of 21 6-7 NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, -- B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverab1es 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 basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 2 of 21 6-8 E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and sub-consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 3 of 21 6-9 H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. L 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. NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 4 of 21 6-10 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 direction and guidance to achieve the obj ectives 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 ofthese 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, adj acent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable there-under 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. NPDES Public Education and Outreach Agreement J Love A Clean San Diego August 1, 2005 Page 5 of 21 6-11 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 performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions oftime, 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 ifnone are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 6 of 21 6-12 C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests,as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. 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 subj ect 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. NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 7 of 21 6-13 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 those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, 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) except for those claims arising from the negligence or willful misconduct of City, its officers or 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 of this Agreement. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper marrner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property ofthe 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. NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 8 of 21 6-14 9. Errors and Omissions In the event that the City Administrator determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifYing the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfmished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defmed Services identified in Exhibit A, Paragraph 17 to the sub-consultants identified thereat as "Permitted Sub-consultants". 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. NPDES Public Education and Outreach Agreement J Love A Clean San Diego August 1,2005 Page 9 of 21 6-15 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 iffully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall 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. NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 10 of21 6-16 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 ifpersona11y 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 subj ect matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instnnnent 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 perfonnance hereunder, shall be the City of Chula Vista. NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 11 of21 6-17 ent By: I LOVE A CLEAN SD; 6192981314j Aug-4-0511:11AMj pege 2/2 Signature Page to Agreement between City of Chula Vista and 1 Love A Clean San Diego For National Pollutant Discharge Elimination System (NPDES) Public Education and Outreach 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: ,2005 City ofChuIa Vista by: Stephen C. Padilla, Mayor Attest; Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: I Love A Clean San Diego By~Q),~ Derek . Turbi e, Executive Director By: Exhibit List to Agreement ( X ) Exhibit A. NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 12 of 21 6-18 Exhibit A to Agreement between City of Chula Vista and I Love A Clean San Diego, Inc. -- 1. Effective Date of Agreement: 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 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: I Love A Clean San Diego, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 4891 Pacific Highway, Suite 115 San Diego, CA 92110 Voice Phone: (619) 291-0103 Fax Phone: (619) 298-1314 NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 13 of 21 6-19 7. General Duties: Consultant shall develop and implement a public education and outreach program tailored to the needs of the City ofChula Vista. The goal of the program shall be to prevent pollution, improve quality of urban runoff, preserve beneficial uses of receiving waters, and protect environmental resources and sensitive areas. The objectives of the program shall be to increase public awareness on water quality issues, encourage behavior changes that result in achieving program goals, involve various stakeholders in decision making and voluntary participation, and help create self motivated community groups interested in advancing the goals of the program. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Consultant shall perform all the following tasks: (1) Phase 1: Develop a Pollution Prevention Stakeholder Task Force. This phase includes the following tasks: 1. Target member organizations 2. Develop collateral materials to distribute to target organizations 3. Contact and meet with target organizations 4. Establish meeting dates/times/locations 5. Conduct initial meetings 6. Submit Progress Report No.1 (2) Phase 2: Develop a Pollution Prevention Public Education Campaign Plan. This phase includes the following tasks: 1. Conduct meetings 2. Research and segment market 3. Develop public education plan 4. Submit Progress Report No.2 (3) Phase 3: Acquire approximately $15,000 in supplemental funding/sponsorship for public education campaign. This phase include the following tasks: 1. Target sponsors 2. Create sponsorship packages 3. Contact and meet with targeted sponsors 4. Submit Progress Report No.3 NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 14 of 21 6-20 (4) Phase 4: Implement Public Education Campaign Plan. This phase include the following tasks: 1. Execute Public Education Plan that may include: · Outdoor advertising (billboards & buses) . Print (Star News, Spanish language newspapers, and other community papers) . Direct mail (billing inserts) · Interpretive displays at entrances to waterway trails . Public presentations ~ 2. Submit Final Progress/Evaluation Report, including recommendations to continue the program B. Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: Seven working days after the date of Notice to Proceed. C. Dates or Time Limits for Delivery of Deliver abies: Deliverable No.1: Complete Phase 1 and submit Progress Report No.1 by November 15,2005 Deliverable No.2: Complete Phase 2 and submit Progress Report No.2 by February 15, 2005 Deliverable No.3: Complete Phase 3 and submit Progress Report No.3 by May 15, 2006 Deliverable No.4: Complete Phase 4 and submit Final Progress Report by March 15,2007 D. Date for completion of all Consultant services: March 15, 2007 NPDES Public Education and Outreach Agreement I Love A Clean San Diego August1,2005 Page 15of21 6-21 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: Data and Information available in the City's databases or GIS system that are related to the Consultants work will be made available to Consultant free of Charge. 11. Compensation: A. () Single Fixed Fee Arrangement. 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 ( ) 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 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. NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 16 of21 6-22 The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. (X) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defmed Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. ~ Phase Fee for Said Phase 1. Submit Progress Report No.1 $10,000 2. Submit Progress Report No.2 $ 7,680 3. Submit Progress Report No.3 $ 6,160 4. Submit Final Report $44,700 (X) 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 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. C. () Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours oftime spent by Consultant in the performance of said Services, NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1. 2005 Page 17 of 21 6-23 at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by 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 $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) () Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Consultant's Employee Name Hourly Rate ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 18 of21 6-24 Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 13. Contract Administrators: City: Khosro Aminpour, Civil Engineer Department of Public Works Operations 1800 Maxwell Road Chula Vista, CA 91911 Phone: (619) 397-6111 Consultant: Derek D. Turbide, Executive Director I Love A Clean San Diego 4891 Pacific Highway, Suite 115 San Diego, CA 92110 14. Liquidated Damages Rate: ( ) $_perday. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No.1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 19 of 21 6-25 ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. -- ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 20 of 21 6-26 C. City's Account Number: 30120-6301 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: ( ) Completion of All Consultant Services (X) Other: Satisfactory completion of the Scope of Work for each phase of the Agreement and delivery and acceptance of Reports and other deliverables for that phase of the Agreement. K:\PubIic Works Operations\NPDES\ILACSD\Agreement .1.doc NPDES Public Education and Outreach Agreement I Love A Clean San Diego August 1, 2005 Page 21 of 21 6-27 ATTACHMENTB I LOVE A CLEAN SAN DIEGO PROPOSAL FOR PROVIDING ENVIRONMENTAL EDUCATION SERVICES TO THE CITY OF CHULA VISTA 6-28 I Love A Clean San Diego Service Offering for the City of Chula Vista I Love A Clean San Dieao A diversified environmental education organization that operates throughout San Diego County, I Love A Clean San Diego (ILACSD) offers a broad range of expertise in public education and outreach, event coordination and community relations. ILACSD works to promote countywide awareness of environmental issues including resource conservation, waste reduction and recycling, community enhancement and pollution prevention. Proposal Backaround Pursuant to the Municipal Storm Water National Pollutant Discharge Elimination System (NPDES) Permit issued to, among other jurisdictions, the City of Chula Vista on February 21, 2001; the City of Chula Vista is required to educate the public on the impacts of storm water pollution and steps the public can take to reduce pollutants in storm water runoff. Proiect Summarv Working collaboratively, ILACSD and the City of Chula Vista's Engineering Division, will develop a storm water pollution prevention education campaign through the facilitation of stakeholder input and participation, as well as supplemental funding from corporate and/or governmental stakeholder groups. Proiect Goals 1. Create regional pollution prevention stakeholder task force 2. Develop & implement compelling pollution prevention public education campaign 3. Acquire supplemental funding from stakeholder groups for pollution prevention education campaign implementation Implementation Phases Phase 1: Develop regional pollution prevention stakeholder task force Phase 2: Develop pollution prevention public education campaign Phase 3: Acquire supplemental funding for public education campaign Phase 4: Implement public education campaign Potential Stakeholder Groups City of National City . Eastlake Company . . McMillin . City of Imperial Beach . Hitachi . City of SD . DNP . SD Audubon SD BayKeeper . Goodrich . . Raytheon . Wild coast Environmental Health Coalition . Religious Community . . Educational Community . otay River Construction . Port of San Diego 6-29 11/24/04 Proiect Team Derek D. Turbide, Executive Director Derek D. Turbide has been the executive director of ILACSD for three years in which time he has acquired over $1 million in funding for the organization. Prior to his current position, he was the organization's Program Manager, responsible for the management of multiple contracts, grants and projects. Before joining ILACSD, Mr. Turbide managed a regional marketing and sales program for Green Mountain Energy, a renewable energy marketing company. Mr. Turbide holds a bachelor's degree in Marine Affairs and is currently pursuing an MBA degree. Jen Winfrey, Marketing Coordinator Jen Winfrey has worked with ILACSD in a marketing and public relations capacity for nearly two years. Jen manages ILACSD marketing and communications activities as well as environmental education campaign development and implementation. Prior to joining ILACSD, Jen worked in Marketing and Communications at San Diego State University. Ms. Winfrey holds a bachelor's degree in communications and is currently pursuing a Master's Degree in International and Intercultural Communications. Budaet and Timeline Reference Attachment A Contact Derek D. 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CD ~ ... co :E CD ~ c ~ c CD .., ~ .. 0 0 0 ... M U e CI) It) 0 .. "'" I- I- U) Q "'" e CI) CI) CI) > ... ... ,- >< 1- :s ... 0 CI) :s r:n fn r:n U ~ CI) ~ M .. CI) ,- ~ 0 >< Q CU 0 0 . W ~ "'" "'" ~ " e "'" 0 "'" U) ~ CU .c N I M U CI) fn r:n 0) "'" "'" CU " ,- 0) I - I- e % c( N co ,- .. .a CU 0) ~ U .. u (.) - :s CI) 0) N I- I- " I- - ... ~ ns (.) ,- 0 "'" - >< . u r:n U) 0) CI) .. Q c( CU CI) --- "'" C D. .. U) .. CI) ,- CI) - ~ Q --- ,- 0 CI) > "'" e .. CU .. 0 0) e 0 >< E CJ CI) ..... co cu .c ca I Q - ~ fn D. II. W 6-43 4891 Pacific Highway, Suite 115 San Diego, CA 92110 Phone: (619)291-0103 Fax: (619)29841314 www.ilacsd.org I Love A Clean San Dieao . Backaround & Historv A diversified environmental education organization that operates throughout San Diego County, I Love A Clean San Diego (ILACSD) offers a broad range of expertise in public education and outreach, event coordination and community relations. ILACSD works to promote countywide awareness of environmental issues including resource conservation, waste reduction and recycling, community enhancement and pollution prevention. Founded as a result of the City and County of San Diego "War Against Litter Committee," ILACSD has been a leader in environmental education since its incorporation in 1968. ILACSD has seven employees, and receives support from over 10,000 volunteers a year. ILACSD is a private 501 (c) (3) nonprofit corporation. Proiect Team Derek D. Turbide, Executive Director Derek D. Turbide has been the executive director of ILACSD for three years in which time he has directed the acquisition of over $1 million in funding for the organization. Prior to his current position, he was the organization's Program Manager, responsible for the management of multiple contracts, grants and projects. Before joining ILACSD, Mr. Turbide managed a regional marketing and sales program for Green Mountain Energy, a renewable energy marketing company. Mr. Turbide holds a bachelor's degree in Marine Affairs and is currently pursuing an MBA degree. Jen Winfrey, Marketing Coordinator Jen Winfrey has worked with ILACSD in a marketing and public relations capacity for nearly two years. Jen manages ILACSD marketing and communications activities as well as environmental education campaign development and implementation. Prior to joining ILACSD, Jen worked in Marketing and Communications at San Diego State University. Ms. Winfrey holds a bachelor's degree in communications and is currently pursuing a Master's Degree in International and Intercultural Communications. Current Clients and Partners City of Chula Vista Conservation and Environmental Services Department County of San Diego Department of Public Works The California Coastal Commission REI (Recreation Equipment International) San Diego Regional Household Hazardous Waste Partnership (a regional partnership between all San Diego County's jurisdictions with the exception of the City of San Diego) California Department of Conservation Waste Management Current Sponsors NASSCO SeaWorld Frazee Paint and Wallcovering Sony Albertson's The County of San Diego Board of Supervisors City of Chula Vista Conservation and Environmental Services Department San Diego Bay Watershed Working Group The County of San Diego Department of Public Works Jimbo's Naturally! KUSINews 6-44 Related Current Proiects Project: Recycling and Household Hazardous Waste Education Campaign Client: County of San Diego Department of Public Works Value: approximately $160,000 annually Term: FY 02103 through FY 07/08 Description: A recycling and household hazardous waste public education campaign geared at San Diego County unincorporated areas. ILACSD staffs a Recycling and Household Hazardous Waste Hotline and conducts an education and outreach campaign to promote the Recycling Hotline. Campaign communications media include school presentations, community events, billboard, radio, point-of-purchase and print advertising, promotional items, and a series offour recycling publications. Project: Used Motor Oil Recycling Education Subcontract Client: South Bay Regional Used Oil Project (Chula Vista, Imperial Beach and National City) Value: $13,000 annually Term: Annual renewal Description: Through funding from the South Bay Regional Used Oil Project's Used Oil Block Grant, ILACSD staffs a Used Oil Recycling Hotline, updates South Bay used oil collection center information, and delivers used motor oil education and storm water pollution prevention presentations and/or attends community events to educate the public. Project: Adopt-A-Beach Program Client: California Coastal Commission Value: $25,000 Term: October 04 - September 05 Description: Establishment of 35 additional adopter signs at participating beaches in San Diego County's Adopt-A-Beach program; educational presentations; and publications to support the program. Project: Kid's Ocean Day Cleanup Client: California Coastal Commission Value: $15,000 Term: Annual renewal Description: Storm water and ocean pollution prevention presentations and the organization of 1,000 elementary school children for a beach cleanup and human art formation, which is photographed from helicopters above. The photos are then distributed to local media to raise awareness about protecting our environmental resources. Project: 24 Hour Fitness Recycling Program Client: California Department of Conservation Value: $100,000 Term: March 05 - October 06 Description: Establishment of beverage container recycling programs at 51 24 Hour Fitness Clubs in San Diego and Orange counties. Project: Carls bad and Oceanside Recycling Presentations Client: Waste Management Value: $10,000 Term: Annual renewal Description: Recycling and Waste reduction presentations in Carls bad and Oceanside school districts. 6-45 Project: Household Hazardous Waste and Electronic Waste Education Campaign Client: San Diego Regional Household Hazardous Waste Partnership Value: $100,000 Term: January 04 - March 06 Description: A countywide household hazardous waste and electronics recycling public education campaign. Campaign communications media include community presentations, community events, billing inserts, promotional items, publications, and workshops. Project: Volunteer Events Program Client: REI (Recreation Equipment International) Value: $7,000 Term: January 05 - December 05 Description: Funding for presentations and monthly volunteer event supplies. Project: Creek to Bay Cleanup Client: Sponsored by various organizations Value: $25,000 Term: Annual event Description: Countywide cleanup event, which aims to raise awareness and restore areas around our coastal and inland beaches and waterways. Project: Coastal Cleanup Day Client: Sponsored by various organizations Value: $25,000 Term: Annual event Description: Countywide cleanup event, which aims to raise awareness and restore areas around our coastal and inland beaches and waterways. Past Proiect Letters of Support/Recommendation Attachments (Faxed to (619) 397-6254) 6-46 RESOLUTION NO. 2005-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND "I LOVE A CLEAN SAN DIEGO, INC." FOR THE DEVELOPMENT AND IMPLEMENTATION OF STORM WATER PUBLIC EDUCATION AND OUTREACH PROGRAMS REQUIRED PURSUANT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY WHEREAS, since the adoption of the Chula Vista Jurisdictional Urban Runoff Management Program (JURMP) by the City Council in February 2002, staff has implemented various public education and outreach programs; and WHEREAS, it is important to develop local programs that build on regional messages, with a decidedly local and personal connection to the City's unique and precious natural environment and resources to assure long-term public commitment to local, shared environmental quality goals; and WHEREAS, this can best be accomplished by retaining the services of a consultant with the experience in developing effective local and regional public education programs and working relationships with the broad stakeholder community, as well as the City of Chula Vista; and WHEREAS, staff determined that I Love A Clean San Diego, Inc. (ILACSD) is uniquely qualified due to its expertise, specialized knowledge and experience necessary to organize and facilitate stakeholder-based programs; and WHEREAS, ILACSD has an excellent reputation in the required field and has previously entered into agreements for educational and outreach programs with the City; and WHEREAS, staff recommends Council waive of the consultant selection process of Municipal Code Section 2.56.11 0 as impractical and enter into a phased fixed-fee service agreement in the amount of$68,540 with ILACSD to develop and implement an integrated storm water public education and outreach program; and WHEREAS, staff will provide progress reports to Council upon completion of Phases 2 and 4. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista, does hereby waive the consultant selection process and approves an agreement between the City of 6-47 Chula Vista and "I Love A Clean San Diego, Inc." for the development and implementation of storm water public education and outreach programs required pursuant to the National Pollutant Discharge Elimination System (NPDES) Municipal Permit. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement on behalf of the City. Presented by: Approved as to form by: ~~Ii\~~~ Ann Moore City Attorney Dave Byers Director of Public Works Operations J:\Attorney\reso\Agreements\ waiving consultant selectioo NPDES 2 6-48 CITY COUNCIL AGENDA STATEMENT Item: "7 Meeting Date: 8/09/05 ITEM TITLE: Resolution of the City Council of the City ofChula Vista accepting the 2005 GMOC Annual Report and approving the recommendations contained therein; and directing the City Manager to undertake actions necessary to implement those recommendations as presented in the "2005 GMOC RecommendationslProposed Implementing Actions Summary" SUBMITTED BY: Director of Planning and BUildin~ City Manage~ (4/5ths Vote: Yes_NolL) REVIEWED BY: On June 23, 2005 the City Council held a Public Hearing on the GMOC 2005 Annual Report. The report evaluates the current status of the City's eleven Quality-of-Life Threshold Standards and identifies issues over the next 5 years. In addition, the GMOC has forwarded a set of recommendations regarding the update of the growth management program. A summary of the GMOC's recommendations and staffs proposed implementation actions is included as Attachment I. The full text of the GMOC Report was distributed to Council prior to the June 23, 2005 Public Hearing. RECOMMENDATION: That the City Council: Adopt a resolution accepting The 2005 GMOC Annual Report And Approving The Recommendations Contained Therein; And Directing The City Manager To Undertake Actions Necessary To Implement Those Recommendations As Presented In The "2005 GMOC RecommendationslProposed Implementing Actions Summary". BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a Public Hearing on July 13, 2005 and approved two resolutions which accepted the GMOC Annual Report, approved the recommendations, and recommended that Council accept and approve the GMOC recommendations (Attachment I). H:\PLANNING\OanF\GMOC Os\council agenda state~~18-09.DOC Page 2, Item No,: Meeting Date: 7 8/09/05 DISCUSSION: This years GMOC Annual Report covers the 11 quality of life thresholds as typically reviewed. In addition, the GMOC's recommendations in regard to the "Top to Bottom" review of the growth management program are also enclosed. The "Top to Bottom" review was initiated by Council and has been evolving over the last two years including work on the update of the growth management element of the General Plan. The recommendations presented here are a product of city staff, outside consultant, and GMOC contributions. 1. Summary of Findings GMOC Develonment Forecast The forecast for growth from 2005 through 2009 reflects an average of approximately 2, 1 00 dwelling unit completions per year, with minor fluctuations on an annual basis. The ability for this amount of growth to be maintained over the 5-year period will be determined by the strength of the economy and housing market, but it will also be affected by the timing of major roadways and other infrastructure and facilities needed to support that growth. Completion of State Route 125 is particularly important in supporting this 5-year forecast. Current Threshold Comnliance Not In Com liance Police (Urgent) FirelEMS Libraries In Com liance Police (Emergency) Schools Traffic Parks & Recreation Fiscal Air Quality Sewer Drainage Water H:\PLANNING\DanF\GMOC 05\council agenda state/~t-09.DOC Page 3, Item No.: Meeting Date: 7 8/09/05 Anticinated Future Threshold Compliance Throu!!h December 2009 Threshold Threshold Likely to be Potential for Future Met Non Comnliance Fiscal X Air Quality X Sewer X Water X Libraries X Drainage X Parks and Recreation Land X Facilities X Police Emergency X Urgent X FirelEMS X Traffic X Schools CVESD X SUHSD X 2. Summary of Key Issues Thresholds Not In Comnliance Library At the current time the library growth management threshold of 500 gross square feet per 1,000 population has been exceeded. According to the Growth Management Program "Should the GMOC determine that the Threshold Standard is not being satisfied, then the City Council shaIl formaIly adopt and fund tactics to bring the library system into compliance. Construction or other actual solutions shall be scheduled to commence within three years." H:\PLANNING\DanF\GMOC 05\council agenda state~~~-09.DOC Page 4, Item No.: 7 Meeting Date: 8/09/05 The Library Master Plan calls for the construction of a 30,000 square foot full-service, regional library in Rancho Del Rey to begin by the end of 2005. This library would be constructed on City- owned property located at East H Street and Paseo Ranchero. This library is expected to be open by summer 2007. The addition of30,000 square feet oflibrarywill meet the library standard for several years to come. Because construction of the new library is scheduled to be started within 3 years the GMOC does not see the need for a recommendation for further action at this time. Police The threshold for responding to priority 2/urgent calls has not been met. Urgent calls are a misdemeanor in progress; possibility of injury; serious non-routine calls. Urgent calls are defined as domestic violence or other disturbances with potential for violence; burglary alarms. Police response is for immediate response by one or two officers from clear units or those on interruptible activities (traffic, field interviews, etc.) FirelEMS The FirelEMS response time threshold was not met. However, the Fire Chief explained that the cause of the threshold failure was not growth related. The Chief indicated that the actual travel time to the site has decreased from 3 minute 43 seconds to 3 minutes 32 seconds. If growth were responsible for the increa.se in overall response time one would expect that either traffic or increased distances would result in longer travel times. This has not occurred. Two years ago the GMOC recommended that the Fire Department establish a management tool by establishing a daily reporting function of trip response time by each station by trip. This was reported to have been implemented and the GMOC was advised that it was providing useful information for diagnostic purposes. With the change back to City dispatching, that particular functionality has been lost. The GMOC believes that being able to track each trip on a daily basis is an indispensable management tool and essential for establishing accountability. The GMOC is recommending that the City Council direct the City Manager to work toward reestablishing a daily report function that provides a written summary of each "Emergency Response" trip by station and identify the dispatch, turnout, and travel time components. Chief Perry concurs with this recommendations. In addition, last year the GMOC recommended an investigation as to how changing requirements since 1989 have impacted turnout times. That recommendation was approved by Council and GMOC is waiting for the findings. H:\PLANNING\oanF\GMOC OS\council agenda 8tate~~~-09.DOC Page 5, Item No.: Meeting Date: 7 8/09/05 3, Growth Management - Summary of Proposed Changes to Thresholds and Implementing Measures These recommended changes are being presented to Council so that comment and guidance can be provided. Once approved in principle these changes will be used to craft the updated growth management ordinance and program document. It is anticipated that these documents will be brought forward to both the Planning Commission and Council in late summer or early fall 2005 for [mal action. Implementing Measures Moratorium Recommendations: That the moratorium be applied to building permits and not new tentative maps as currently written. Statement of Concern Recommendations: Can be issued for "problem" as opposed to "serious problem". Statement is directed to the City not the "Responsible Agency" A resolution to the "Responsibility Agency" is not required to be considered. In the future a "Statement of Concern" can be used for any threshold. Master/Strategic/Specific Plans Recommendations: Master/Strategic/Specific plans will be deferred to as appropriate for defining key definitions as may be used in facility and service related thresholds. Master/Strategic/Specific plans will be developed to, in part, provide the phasing and financing plan necessary for a threshold to be met. ThresholdlImplementing Measure Changes Fire/EMS Recommendations: Clearly states that the travel time component of response time ends when the response vehicle arrives at the address. If threshold fails but master plan implemented on schedule then failure is due to management of resources as opposed to being growth related. The solution is directed at improving management. H: \PLANNING\DanF\GMOC 05\council agenda statemr.!~-09 ,DOC Page 6, Item No.: 7 Meeting Date: 8/09/05 Police Recommendations: A priority 2/urgent call threshold failure will not require the consideration of a moratorium. A Priority 2 threshold failure can be addressed through a "Statement of Concern" with related recommendations and request for mitigating qualitative data. Traffic Recommendations: The GMOC may issue a Statement of Concern if the traffic threshold is forecasted to possibly fail within 3 years with recommendations as appropriate. An urban level of service standard for traffic should be adopted for designated urban areas. Parks and Recreation Recommendations: Apply the 3 acres of public park per 1,000 population of new growth citywide. Allow for an in lieu fee to be substituted when land assembly is impractical with the fees collected used for parkland and facilities as identified in the Parks Master Plan. The term "adequately staffed" added to achieve consistency with the Library threshold. In addition, the term adequate hours of operation will also be included in the threshold. An annual report will be provided by the Recreation Department to the GMOC on these topics. A Statement of Concern with recommendations may be issued if the GMOC identifies a problem. Library Recommendation: Adequate hours of operation will be added to the threshold. An annual report will be provided by the Library Department to the GMOC on both adequate staffmg and hours of operation. A Statement of Concern with recommendations maybe issued if the GMOC identifies a problem. Schools Recommendations: Clarify the threshold language so that the term "accommodate" refers to physical attributes and not the quality of the education provided. Allow for sub-area assessments. Although it is understood that the provision of schools is the responsibility of the school districts, if a Statement of Concern is issued, it will focus on ways the city can assist the school district(s) in addressing the identified problem. H:\PLANNING\DanF\GMOC Os\council agenda state~~~-a9.DOC Page 7, Item No.: Meeting Date: 7 8/09/05 GMOC Organization Role of Planning Commission Recommendations: Require that a copy of the GMOC Annual Report be sent to the Planning Commission, as opposed to being sent through the Planning Commission to the Council. The report will be sent to the Planning Commission for their information and not require action as currently stated. 5. Conclusions To assist Council in evaluating and acting upon the GMOC's recommendations, a concise summary of the GMOC's recommendations and corresponding staff responses is presented in Attachment 2 (this will be labeled as Appendix A in the GMOC Report). The GMOC 2005 Annual Report was sent to Council prior to the June 23, 2005 Public Hearing. FISCAL IMPACT: None at this time. As specified follow-up actions are brought forward to the City Council, fiscal analysis of these actions will be provided. Attachments: I - Planning Commission resolutions. 2 - 2005 GMOC RecommendationslProposed Implementing Actions Summary (Will be included as Appendix A, in the 2005 GMOC Annual Report). H:\PLANNING\DanF\GMOC 05\council agenda state~~jf-09.DOC RESOLUTION NO. PCM 05-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING AND APPROVING THE FIRE/EMS ELEMENT OF THE 2005 GMOC ANNUAL REPORT AND RECOMMENDING ACCEPTANCE AND APPROVAL BY THE CITY COUNCIL. WHEREAS, the City's Growth Management Oversight Commission (GMOC) is responsible for monitoring the City's eleven growth management quality ot life threshold standards one ot which is Fire and Emergency Medical Service (EMS), and to submit their annual report to the Planning Commission; and WHEREAS, on May 25, 2005, the GMOC finalized its 2005 Annual Report regarding compliance with the City's eleven Quality-ot-Life Threshold Standards; and WHEREAS, the report covers the period from July 1, 2003 through June 30, 2004, identifies current issues in the second half of 2004 and early 2005, and finally assesses threshold compliance concerns over the next 5 years. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula accepts the 2005 GMOC Annual Report and recommendations contained therein in regards to Fire/EMS; NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council accept and approve the 2005 GMOC Annual Report and the recommendations contained therein in regards to Fire/EMS. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13rd day of July, 2005 by the fOllowing vote to- wit: AYES: NOES: ABSENT: ABSTENTIONS: Chair 7-8 Diana Vargas Secretary to Planning Commission 7-9 RESOLUTION NO. PCM 05-01 B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING AND APPROVING THE 2005 GMOC ANNUAL REPORT WITH THE EXCEPTION OF FIRE/EMS AND RECOMMENDING ACCEPTANCE AND APPROVAL BY THE CITY COUNCIL. WHEREAS, the City's Growth Management Oversight Commission (GMOC) is responsible for' monitoring the City's eleven growth management quality of life threshold standards, and to submit their annual report to the Planning Commission; and WHEREAS, on May 25, 2005, the GMOC finalized its 2005 Annual Report regarding compliance with the City's eleven Quality-ot-Life Threshold Standards; and WHEREAS, the report covers the period from July 1, 2003 through June 30, 2004, identifies current issues in the second halt ot 2004 and early 2005, and finally assesses threshold compliance concerns over the next 5 years. 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'" "" " "-ti fil"" '" '" :; .5 83 ,,- u u .::: '5 o '" u .~ ,-"" 0- o - 0 ':::..c: S ~ " " sO;; lZl1;; ~ "r;; '- '" - '" 7-16 oj 00 .::: 11 u '" Jj " '" o 8: o - o .::: '" " o "" 00 .::: ~ 'S ~ "" fa 00 .::: .~ l>: " 00 05 .S 2 ~ -l>: .::: " " "'..c: ,,:;; .0 00 IJ ~1:! - " '" '" ;::l 00 ~ .~ .0 U 0 0- ::s13 c ~ '" " '" -:So....; I;/} '0 ~ ~ = . ;::l = ~.::: 0 .S .. 6:.S u -==O~Q) "" " u'~-:S .000l.... ~1tclj .s bII"g ~ 01:: 0... Q,) oS u .9 e 00 '" g ~.~ .S .~ ~"cT~~ i.:l~~l>:u .... -i V) " ~ Po. oj 00 ] U '" ;E - " '" o 8: o - o .::: '" " o "" 00 .::: :g 'S ~ "" fa 00 .S S '" l>: .!O " -:S .... <oS .~ '" .; u gj'-d .~ " ~~ l>:>> ';:l Jj ~ .s ~ - '" .::: .::: " 0 CI} '.0 u " '" .0'0 _.::: ~] 1:: S o .~ ~~ "<oS ~ .S RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2005 GMOC ANNUAL REPORT AND APPROVING THE RECOMMENDATIONS CONTAINED THEREIN; AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT THOSE RECOMMENDATIONS AS PRESENTED IN THE "2005 GMOC RECOMMENDATIONS/PROPOSED IMPLEMENTING ACTIONS SUMMARY" WHEREAS, the City's Growth Management Oversight Commission (GMOC) is responsible for monitoring the City's eleven growth management quality of life threshold standards and reporting their findings and recommendations to the City Council; and WHEREAS, on May 25, 2005, the GMOC finalized its 2005 Annual Report; and WHEREAS, the report covers the period from July 1, 2003 through June 30, 2004, identifies current issues in the second half of 2004 and early 2005, and finally assesses threshold compliance concerns over the next 5 years; and WHEREAS, on June 23, 2005, the City Council conducted a public hearing to consider the GMOC annual report; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accepts the 2005 GMOC Annual Report and approves the recommendations contained therein. BE IT FURTHER RESOLVED that the City Council directs the City Manager to undertake actions necessary to implement those recommendations as presented in the "2005 GMOC Recommendations/Proposed Implementing Actions Summary." Presented by: Approved as to form by: James Sandoval Director of Planning and Building 7-17 CITY COUNCIL AGENDA STATEMENT Item: F Meeting Date: 8/9/05 ITEM TITLE: PUBLIC HEARING: Consideration ofPCC-05-031 modifying an existing Conditional Use Permit for a parochial school to: 1) reflect the proposed construction of a new building for an administration office, two classrooms and a multipurpose room; and 2) consider operational requirements- Southwestern Christian School. SUBMITTED BY: RESOLUTION: Resolution of the City Council approving Conditional Use Permit PCC-05-031 modifying school facilities to include: 1) a new building for an administration office, two classrooms and a multipurpose room; and 2) operational requirements for a parochial elementary school emolling 250 students located at 482 'L' Street in the R-3-P-14 Zone. Director ofPlanrung and BUilding" City Managerp (4/5 Vote: Yes_No-XJ REVIEWED BY: The Applicant, Southwestern Christian School, submitted an application for a conditional use permit to modify the existing school facilities by removing the old administration building and replacing it with a new building. The permit will also establish operational requirements including the use of the parking lot for supervised recreation classes. The site is located at 482 'L' Street (See Locator Map, Attachment 1). The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies as a Class 1 category exemption (existing facilities) pursuant to Section 15301 ofthe CEQA Guidelines. No further environmental review is necessary. RECOMMENDATION: That the City Council adopt Resolution PCC-05-031; approving a conditional use permit allowing modifications to a parochial elementary school emolling 250 students subject to the findings and conditions contained in the attached draft City Council Resolution. BOARDS AND COMMISSION RECOMMENDATION: On June 22, 2005, the Planning Commission considered the Conditional Use Permit application. Following staffs presentation and public testimony, the Planning Commission voted 4-0-2-1 recommending that the City Council approve the application. FISCAL IMPACT: None 6'-/ ''..'' Page No.2, Item: 6 Meetin2 Date: 8/9/05 DISCUSSION: 1. Background During the public noticing period for this application, a neighbor concerned about the project, contacted staff to express concerns the neighbors had with the request. Staff had also received a signed petition from several neighbors opposing the project (see Petition, Attachment 2). The key issues stated on the petition include: . The two-story building will allow occupants to look into backyards invading the neighbor's pnvacy. . The school is not in compliance with a previous court order that prohibits the school from using the south parking lot for recreation activities (briefly described below). . Sports equipment and other debris land in neighbors' backyards. . Students sit on the back wall taunting dogs and breaking tree branches. The primary issue the neighbors have is the school's non-compliance with a 1984 court order, which establishes an agreement between the school and neighbors by which the school would not use the south parking lot for recreational activities (see Court Order, Attachment 3). In an attempt to resolve the issues, staffheld a public meeting on May 23nl to hear the neighbors' concerns, and to allow school representatives to propose solutions in an effort to minimize or alleviate the neighbor's concerns. During the meeting, it became clear that the solutions offered were not acceptable to the neighbors (see Table 3), because they want the school to abide by a court order, which restricts the use ofthe south parking lot. Specifically, the court order states that the"... designated parking lot shall be used solely for parking, normal churchfimctions and occasional school junctions. " The court order arose out of a prior lawsuit between the school and several residents of the neighborhood adjacent to the school. The lawsuit was resolved in December 1984, pursuant to a stipulation between the parties. The terms of the stipulation, including the restriction on the south parking lot, became the subject of the court order. Staff consulted with the City Attorney's office regarding the impact of the court order on the project application. The City attorney's office has advised that the court order is a civil matter, binding only on the parties to the original lawsuit. On June 22nd, staff presented the project to the Planning Commission. During public testimony, some of the neighbors re-iterated the issue about the parking lot, but they did not have any objections to the new building. The Planning Commission acknowledged the residents' concern and voted to recommend approval with the added condition that the school's use of the south parking lot for special events be limited to a maximum of 12 times per year . Y-2 Page No.3, Item: Meeting Date: 8/9/05 '7' '- 2. Project Site Setting The site is situated in a single-family neighborhood. The other uses in the area include Chula Vista High School to the north and a church east of the site (see Locator Map, Attachment I). The CVMC identifies churches and schools as unclassified uses, which are allowed in any zone with a conditional use permit. The current uses adjacent to the project site are listed below. 3. General Plan Land Use and Zoning General Plan Zoning Current Land Use Site: North: South: East: West: Medium Residential Low Medium Low Medium Medium Residential Low Medium R3PI4 R-I R-I R3PI4 R-I Southwestern Christian School Chula Vista High School Single-Family Dwellings Church Single-Family Dwellings 4. Project Description The request is a modification of an existing conditional use permit to allow the replacement of an existing administration building with a new two-story building to accommodate administration offices, two new classrooms, and a multi-purpose room. The use permit is also for consideration of operational requirements including the school's desire to use of the south parking lot area for physical education classes. The school has also submitted an application for Design Review, which will be considered by the Zoning Administrator at a later date. 5. Project Data Table I: Project Data Table Assessor's Parcel Number: 618-072-37-00 Current Zoning: R3P14 (Medium Residential, Precise Plan, 14 du/ac Land Use Designation: Medium Hijl;h Residential Lot Area: 1.34 acres REQUIRED: PROVIDED: Parking: Standard: 39 I space/teacher or employee + 5 additional spaces Disabled: I Total reauired: 35 spaces Total: 40 Lot Coverajl;e: 50 percent 13 percent Setback: Front: 15 feet 34 ft. Comer: 10 feet >100 ft. Side: 5 feet 8 ft. Rear: 15 feet >100 ft. () 6-3 2 Page No.4, Item: Meeting Date: 8/9/05 I Building Height: 28 feet or 2.5-stories I 26.5 ft. 6. Staff Analysis The new two.story 4,450 square foot building will replace the existing single-story, 1,950 square foot administration building resulting in a net increase of 2,455 square feet of floor space. The building will provide two classrooms, an administrative office, and space for a multi-purpose room and workroom. The new building will be located in front ofthe existing two-story classroom building, which will screen it from the neighbors south of the school. Although the new building Will be seen by the neighbors to the west, it will be located approximately 90 feet away from those neighbors, which would lessen the new building's visual presence. The school does not propose to increase its current enrollment of 250 students in accordance with a previously approved Conditional Use Permit PCC-83-3 (see Attachment 8). The new classrooms are intended to alleviate overcrowded classrooms. The school has been using the south parking lot for physical education classes for sometime, but the current school administration stated that it was unaware of the court order and the neighbor's issues, and has not received complaints for the past two years. Once aware, the school restricted use of that part of the lot beginning in April of this year. At staff's request, the school provided a proposed physical education schedule outlining the activities they would like to hold on the south parking lot (see Attachment 4). Table 2 below summarizes the schedule: Table 2: Proposed Physical Education Schedule September - October: 8 classes @ 30 minutes Stretching, running and baseball each November - December: 2.5 - 4 hours/week Stretchin and runnin January - February: 8 classes @ 30 minutes Stretching, running and volleyball each March - A ril: 2.5 - 4 hours/week Stretchin and runnin Ma - June: 2.5 - 4 hours/week Stretchin and runnin In an attempt to satisfy the neighbors, the school is offering the following solutions: . Install temporary netting above the 6- foot high wall to prevent objects from getting into the neighbor's backyards when the activities involve sports equipment . Plant trees that would grow tall enough to provide a permanent buffer along the south and west walls; and . Increase supervision in the south parking lot area by assigning additional school staff rc-Lf Page No.5, Item: Meeting Date: 8/9/05 The Table 3 below summarizes the neighborhood issue, the school's proposals to address the issues and staffs commentary. Table 3: Issues, Proposals & Staff Comments N eil!hborhood Issues School's Pronosals City Staff Comments The two-story building wiIl invade None. The proposed building The proposed building is the neighbor's privacy. wiIl be screened from the approximately 90 feet from neighbors to the south by the the properties west of the existing two-story classroom school. The existing building. classroom building is closer to these properties. Staff is of the opinion that the new building's visual presence and invasion of privacy is reduced. The school is not in compliance with Reduce the number and hours of The restricted use of the a 1984 court order (see Attachment physical education classes per parking lot was established 2). day. by a court order, which is a civil matter. The City is not bound by the order. Planning Commission action to limit use to 12 times per year would be consistent with the court order language limiting use to "occasional schoo I functions". Sports equipment and other debris . InstaIl temporary netting above Staff is of the opinion that land in neighbors' backyards. the 6- foot high waIl the school's proposals are . Plant trees that would grow talI reasonable. enough to provide a buffer along the south and west waIls Students sit on the back waIl Increase supervision in the south Staff recommends that taunting dogs and breaking tree parking lot area by assigning increased supervision be branches. additional school staff any time provided anywhere students kids are outside. are outside and that the school officials meet periodicaIly with neighbors on issues that arise. In anticipation of beginning work this summer, the school has placed two trailers on the property behind the existing classroom building; one will be used as a temporary administration office and the other for a construction office. Although an electrical permit was issued for the trailers, they were placed on the property prior to the project's approval. Staff brought this to the attention of the applicant, who subsequently amended their application to include the trailers as temporary uses until the new building is competed and ready for occupancy. A condition has 9-6 Page No.6, Item: Meetin2 Date: 8/9/05 been included in the Planning Commission Resolution that requires the school to remove the trailers within 30 days following the final building inspection. Section 19.54.020 of the CYMC states that commercial trailers do not require City Council approval. Conclusion Although the neighbors are opposed to anv use of the south parking lot for school recreational use, staff and the Planning Commission believe that some use under controlled conditions, would be reasonable. The City is not bound by the 1984 court decision on this issue. However, limiting use of the south parking lot to 12 times a year is consistent with the language in the court order. Staff and the Planning Commission therefore, recommend that the City Council approve the project based on the findings and subject to the conditions listed in the attached draft City Council Resolution. Attachments: 1. Locator Map 2. LetterfPetition 3. 1984 Court Order 4. Physical Education Schedule 5. June 22, 2005 PC Minutes 6. PC Resolution PCC-OS-031 7. Draft City Council Resolution 8. Copies ofPCC-94-0l and PCC-83-03 Approvals 9. Disclosure Statement ~-b ATTACHMENT 1 (Locator Map) o -7 0- Chula Vista High School ~\ c:. ~ :t. ~ \f> Boy's & Girl's Club CHULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT Southwestern Christian PROJECT DESCRIPTION: ~ APPLICANT: School CONDITiONAL-USE PERMIT PROJECT 482 L Street Request: Proposing CUP to remove existing 1950sq n. administrntive oilice ADDRESS: to add a new 4405sq fl. Two story oilicelclassroom SCALE: FILE NUMBER: NORTH No Scale PCC-05-031 Related cases: DRC.05-35 J:\pJanning\carlos\Jocators\pccOS031.cdr 06.15.05 c-6 ATTACHMENT 2 (Letter/Petition) '6-C) ,""~I ;'~'dY, "'pi'll U'+, .::UU:.J 0:44 I--'Ivl Peggy Hupp 6195858520 p02 29 March 2005 !-:~'l : i: ~ ilJ: I' . i ','-\', , , l!1 i! 'Ii! !: ;.J \... i I I I r::: r-.") P D \\" i":~ i-.:\-j ~~ _\~i ~_ ~ ~~-~__ j n \! Ii! ,1;1 4 2005 jrljil iUi i I I APR Michael W. Walker, Project Planner Planning Dep,trtment Public Service 13uilding, Chula Vista Civic Cent"r 276 Fourth Avenue Chub Vista, California PlA'm:'JG RF.: c,m: /J. DRC-05-35 & pee-05-03l Dear Mr. Walker: We strongly object to the proposed building at the Southwestern Christian School located at 482 L Street. When pennission wu. !,riven t(l ullow the building oftbc two-story class room on the site, w" wer" promised that no more additions would be built and only 250 stud"nt.s would "vel' be on campus. A box of apples did not apP"'LSe n5. This proposal will allow.lhe oCCllpants to look directly into our baek yards and pools, leaving us nO privacy_ The windows: of the two..story cJassroo.lns aJr~ady Il)(\k down in1t) our yards and some of the windows are light.ed at night. Our backyards arc recipicnts of sports equipment ami other debris which fouls-up our pool equipment and could injure small children playing in our baekyaid~. The rc~idents on the Fifth Av"nu" orWes( side of the proposed addition are alr""dy in jeopardy as the block wall is low. The students sit on their back wall, taunt the dogs, break branches off the trees, throw play equipment and trash into the yard. and have even broken a window with a tbrown ball at 9'19 Filth Avenue. The taunting ofthe dogs causes the other neighborhood dogs to become agitated and bark, adding 10 I,he noise. The increased traffic and t.he resultant noise will also he an annoyance. The increased tramc on Fifth Avenue and L Street ha~ already limited parking space, On o~~a~i(lns when activities arc scheduled at the school or The ~hur~h, all or our on-street parking spaces onliifth. Land West.by are taken, leaving us to park elsewhere. We have !i)ur schools, a community center and thre", churches in our immediate area- one of these is located in a singl",-tiilnily residence. Par",nt5, driving west on L Street, bringing their children to the school located at 482 L Street arc making dangerous left-hand tums in the middle o1'tbc 400 block of L during morning rush hour trafiic. Aft"r dropping-otTthc student.s, t.hey are, again ",ntering rapid moving tral1jc in the middle o1'the 400 block ofL Street. The addition of th,e proposed building would seriously devaluate our properties. Our views have <1lready been compromised and the afore mentioned complaints have already ,., /i .J g~{O '"'U"'~'''''J, "IJIII \........, "-\..iU....J U......... r-IVI . ... _.-!:<:::~Sly nUfJp OI:::l:.JO;..lO;..l"':;U p,03 talnon their toll on our property values. I/"lh" southern area of the property has been designated for parking, then why is the western part of this area ehained-o/T and a basketball st,mdard installed in this area? 'rhe school, at present, has 110 grass area t'or playground so why COver more of their limited areas with buildings? [fthe City ofChula Vista deems this proposal viahle, then we shall insist upon a ten foot high (measured from the schooVchurch property) reinforced hloek wall the length oUh" entire property on the West and South sides of the emire property and not the stepped up and down fence which now exists. There should also he no windows on th" South side of the building. S;nccn;:ly, <7 ... } .., . .._,(: /0' /' 7 i~.t ('N f ;> The residents 01" Westby Street IU1d Fifth Avenue ,., /'" ......' j.: -) 6' ~II PETITION AGAINST Proposed Building at 482 L Street City of Cbula Vista, California I. I~ :L'l rt J.JI.: March ~ 2005 We, the undersigned owners of property abutting or adjacent to 482 L Street on Fifth A venue and Westby Street do hereby petition the City of Chula Vista to deny the proposed building at this site. (Case number: DRC-05-35&PCC-05-031), Owners Sil!:nature Name (please print) Address .-- '....( " /) J!'f <,-- ;(~~ Filed this _ day of ,20_, City Clerk 8 - /L - :) ~_! I I Subject: Conditional Use Permit PCC-05-03l and Design Review DRC-05-35 Under consideration by the Zoning Administrator for the City of Chula Vista We the undersigned are not able to attend the public meeting on May 23, 2005. We recognize and concur with the concerns of our neighbors who are immediately affected by the playground behind their homes. We support their position and have designated that they relay our support to the representatives of the City of Chula Vista and Southwestern Christian School. Address Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV 'westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Name Signature "'.':. \. ~L",-~ '.A ~r;' -/:1- /.d&....N~ S-/3 J' , " /) / ""'- ( - Subject: Conditional Use Permit PCC-05-03! and Design Review DRC-05-35 Under consideration by the Zoning Administrator for the City ofChu!a Vista We the undersigned are not able to attend the public meeting on May 23. 2005. We recognize and concur with the concerns of our neighbors who are immediately affected by the playground behind their homes. We support their position and have designated that they relay our support to the representatives of the City of Chula Vista and Southwestern Christian School. Address Westb St. CV 5t:k (W€( ~~ t> fA, tUiiv . Westby St. CV Westb St. CV Westby St. CV Westby St. CV Westb St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Westby St. CV Name ~/~ ?5~/Lf ATTACHMENT 3 (1984 Court Order) 8~/S , , ' I Uo:::S..:.;8y, I""'prll I..J~, ..:'...JU:J '.j '.J~ 1""'1>11 , - 2 10 11 12 13 14 15 CLIENT'S COP'1 1 3 WILLIAM McCURINE, JR. GRAY, CARY, AMES " FRYE 1700 First Interstate Plaza San Diego, CA 92101-4219 (619) 699-2728 ~.. 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12/18/84:063 798SH 6-/6 -1- FOR THE COUNTY OF SAN DIEGO ) ) ) ) ) ) ) ) ) ) ) ) ) ) r ) ) ) CASE NO. 530917 4 5 6 7 I Attorneys for Defendants 8 PEGGY L. HUFF. LYDIA CODERRE. EDWARD ALVARADO and AUDREY ALVARADO. husband and wife, Plaint.iffs. vs. 16 17 SAN DIEGO CHRISTIAN FOUNDATION, a California corporation, SOUTHWESTERN CHRISTIAN SCHOOLS, a California corporation, CHULA VISTA CHURCH OF CRHI5T. a California corporation. and DOES I through L. inclusive. ___-D_E;!Jendants, STIPULATION &~ ORDER 22 Each plaintiff herein freely and voluntarily enters 23 into this Stipulation by and through Joseph J. Barr. Jr.. Esq. " 24 their attorney of recoLd. and have empowered and authorized 11im 18 19 20 21 25 to enter into this Stipulation on their behalf. Defendants $.>.N 26 DIEGO CHRISTIAN FOUNDATION (hereinafter "FOUNDATION"). 27 SOUTHWESTERN CHRISTIAN SCHOOLS (hereinafter "SCHOOLS") and 28 CHULA VISTA CHURCH OF CHRIST (hereinafter "CHURCH") heLein Lif:';'uZ,'!, ,...,prll Ut, :,,:I...JU~ l_.....:.j i-'IVI 'C-C;';j':jl ' '....t"r-' -. -_.........'.j...._~ 1 2 3 frGGly and vclw,tarily enter into this Stipulation by and 4 through Gray, Cary. Ames & Frye, their attorneys of record, and 5 have empowered and authorized them to enter into this 6 Stipulation on thGir bGhalf. 7 The CHURCH's property is commonly known as 470 L 8 Street. Chula Vista and more particularly described in that 9 certain Grant Deed No. 78-319000, a copy of which is ~ttachQd 10 hereto as Exhibit "A" and incorporated herein by reference. 11 The parties stipulate as follows: 12 1. Within fourteen (14) days after approval by 13 the Chula vista Planning Commission (hereinafter "Commission") 14 of Defendants' Amended Master Plan (hereinafter "Plan"), a copy 15 of which is attached hereto as Exhibit "B" and incorporated 16 herein by reference, defendants will relocate SCHOOLS' present 17 playground area to the northwest corner of the CHURCH's 18 proper-cy. 19 2. Within fourteen- (14) days after approval by 20 the relevaa..t~g.o.vernmental .authorities, defendants will promptly 21 relocate all buses closer to the south side of the CHURCH's 22 sanctuary and as far as possible from the plaintiffs' 23 northernmost property line. 24 3. Defendants will remove all portable school 25 units on or by July 15, 1985 regardless of circumstance. 26 4. Defendants will construct at their own 27 expense a brick and/or concrete wall along the entirety of its 28 southernmost property line, subject to approval by the -2- \7./18/84:063 798::;11 ~-17 Illursday, April C7, :.::UU~ 1 :2:23 PM )--<:::99, n,...q..;l-' '-' . ~......O'-'C-'....U 1 2 3 4 5 6 7 8 9 10 11 l. 12 13 ( 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commi&sion of their Plan and subject to written approval by all neighbors whose property abuts said southernmost border of the CHURCH's property. specifically including, but not limited to. lots two through nine. inclusive. of Corky McMillin's subdivision Unit No.1, according to Map thereof No. 5897, filed in the office of the County Recorder of San Diego County, June 1.3, 1.967. The primary purpose of said ~all is to act a6 a sound barrier, Therefore, under all circumstances the sound barrier portion of said wall shall be at least six feet in --.,..--- . --- ----- --- . heigJ'it. construction shall commenoe within 10 days after obtaining the requisite approvals and shall be completed forthwith. 5. The southern area of the CHURCH's property shown 011 Exhibit "S" designated for use as a parking lot shall be used solely for parking. normal church functions and occasional school fun~tion5. 6. Defendants Shall-restrict the SCHOOLS' student pop~Lation to 250 students.. 7. Plaintiffs shall not oppose or appeal the Plan. Plaintiffs shall support said Plan. 8. Plaintiffs shall not oppose or appeal Defendants' request for an extension of their conditional use permit through July 15. 1985. 9. Upon written notice to Joseph J. Barr. Jr., ,Esq., of removal of all portable school units from the CHURCH'S proper1:y and upon defendants' compliance with all the terms and -3- 12/18/84:063 7985H 8-/f !!"_sday, April 07, 2005 12:23 PM Peggy Hupp 0 I :;I:Jd:':c;:.J.LU 1 2 3 conditions herein. plaintiffs shall dismiss their complaint in 4 its entirety with prejudice no later than 48 hours after 5 personal delivery of said notice to Attorney Barr. 6 10. All parties hereto fully and forever waive 7 any and all rights of appeal from this Order. 8 11. Each party shall bear his own costs and 9 attorneys' Ee9S. 10 12. This stipulation and order applies to. 11 inures to the benefit of. and binds all parties hereto. their 12 hei~s, legatees, devisees, administrators, executors. 13 successors and-assigns. 14 DATED: December~. 1984 16 17 -1 f6'SEPH J . Attorney \\_<7~\ ~.. P1ainti fs 15 18 19 20 DATED: December ~~, 198~ _GRAY. .CARY. AMES&_.,FRYE ---=---- - lhotu (\ By:J)JjJb..~ ;.~ /'1 A~torneys for Defendants/t;! . 21 22 23 24 IIIII 25 26 27 IIIII IIIII IIIII IIIII 28 -4,- 12/18/84:063 7985H [;-/9 IU'::SC3j, r'lprli l.J~, ...:UU~ ~:iJ9 Ai'V] ,- '--::;.J~l --,1-- I 2 3 ORDER 4 Upon reading the foregoing Stipulation. and good cause 5 appearing therefor, 6' IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 7 1. Within fourteen (14) days after approval by 8 the Chula vista Planning Corrunission (hereinafter "Commission") 9 of Defendants' ~ended Master Plan (hereinaft"er "Plan"). a copy 10 of which is attached hereto as Exhibit "E" and incorporated 11 herein by reference. defendants will relocate SCHOOLS' present 12 playground area to the northwest corner of the CHURCH's 13 property, 14 2. Within fourteen (14) days after approval by 15 the relevant governmental authorities, defendants will promptly 16 relocate all buses closer to the south side of the CHURCH's 17 sanctuary and as far as possible from the plaintiffs' 18 northernmost property 1 ine. 19 3. . Defendants will remove all portable schoo: 20 units on or by__~~~y 15, 19?5regardless of circumstance. 21 4 . Defendants will construct at their own 22 expense a br ick and/or concrete wall along the ent i rety of its 23 southernmost property line. subject to approval by the 24 Commission of their Plan and subject to written approval by all 25 neighbors whose property abuts said southernmost border of the 26 CHURCH's property, specifically including, but not limited to. 27 lots two through nine, inclusive, of Corky McMillin's 28 Subdivision Unit No.1, according to Map thereof No. 5897, -5- 12/HI/84: Q53 79S5H P-20 sday, April 05, 2005 9:09 AM Peggy Hupp bl ~~d::Jd:':;LU 1 2 3 filed in the office of the County Recorder of San Diego County, 4 June 13, 1967. The primary purpose of said wall is to act as a 5 sound barrier. Therefore. wld.er all circumstances the sound 6 barrier portion of said wall shall be at least six feet in 7 height. Construction shall commence within 10 days after 8 obtaining the requisite approvals and shall be completed 9 forthw:i.th. 10 ll.shown on Exhibit "s" designated for use as a parking lot shall 12 be ~sed solely for parking, normal church functions and 13 occasional school functions. 5. The southern area of the CHURCH's property 14 6. Defendants shall restrict the SCHOOLS' 15 student population to 250 students. 16 17 18 7. plaintiffs shall not oppose or appeal the Plan. plaintiffs shall support said Plan. 8. PlaintiffS shall not oppose or appeal 19 Defendants' request for an extension of their conditional use 20 permit throllgh-July 15, 1985.,- 21 9. Upon written notice to Joseph J. Sarr. Jr., 22 Esq., of removal of all portable school units from the CHu~CH'S 23 property and upon defendants' compliance with all the terms and 24 conditions herein, plaintiffs shall dismiss their complaint in 25 its entirety with prejudice no later than 48 hours after 26 personal delivery of said notice to Attorney Barr. 27 10. All parties hereto fully and forever waive 28 any and all rights of appeal from this Order. -6- 12/18/84:063 7985H 6~2-f I L.;~sa;]y, I"'.prll \j~, ...'...Ju:':; ~ '..J~ ,....,1"1 , -",,,,J 1 2 3 ~~. Each party shall bear his own costs and 4 attorneys' fees, 5 12, This stipulation and order applies to. 6 inures to the benefit of. and binds all parties hereto. their 7 heirs, legatees. devisees. administrators. executors. 8 successors and assigns. 9 I TIS FURTHER HEREEY ORDERED. ADJ UDGED AND DECREE:J 10 that the Clerk of this Court forthwith enter this order upon 11 12 13 14 the Court's judgment rolls. ,(/ - DA.TED: December ---1-.(.. 1984 (? c 1"0 JUDGE OF'THE SUPERIOR COUR'r 15 16 17 18 19 20 --~-;;.....--- 21 22 23 24 25 26 27 28 -7- \2/18/84:063 .,9tl5H g-22- ~'. April 01. 2005 1 1 0 ~fVl . '-:j~J , '-1-, - "-". 'L' STRE.: f- r~ --.=~ "':"=-i'~~'_""'::_"T~r;::~~~:;-P-l -.:---::--- i ,I<'Cpc.,.."....o;......'C..TO , .I......~ I ""L".G... I)C::l't,;....TEu .....,.. ~..l!..., ";:" '~~n~;:.,:~g- A ..r:r."'::I:I bu....... ="C1U~ ItClV...._ '\--1- ~~::;~:; '~-I' J' ~ ..;,~f;=~~~:~~j ; ,.,~.._.. ......... r- L~--:-:-=~,,-[ :J,; MA~TEn I-'"I.AN NOTES: ~ ~ I. ...~..,.t'O\.!I!~. :.. Ill.'. .11" >:l"" ..I.......t..c ',U""l'::!,n. ....'...(1""'0 TIft :: 'lIl ::;n:. :.~.,;:":~:c ..~~.. r:~1I ;;~,I~~~=..:"euu~~;s .~~:;t:~Q~~:.:"~::,, T~~.. ..~~~~~~; f!:. :~~'.' ::r:IIUU... "".....,..~."'. "..r'......,.. ... 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"\. .... -- j C"'-l \,!".)~;;,l")J,, I" IIJ 1'1 x-25 r - ATTACHMENT 4 (Physical Education Schedule) 8-2G Parking Lot Usage September - October Stretch and run Baseball (30 minutes per class - 8 classes per day) We need to use the parking lot for this sport for safety reasons. While swinging a bat and hitting the ball, we cannot be where other chi1<h-en are having recess. November - December Rarely in use (2 'I., - 4 hOUT3 per week) .r take the Kindergarten and first grade classes out in the back to stretch and run. They have P.E. at the same time other classes are at recess. It is better for the less coordinated classes to be isolated in the back instead of where balls axe flying and older children are running. Also, r occasionally take other classes out to playa hit ball game. January - February Stretch and run Volleyball (30 minutes per class - 8 classes per day) The volleyball poles are set up in the parking lot. ..The school playground is too small to set up wooden poles and we don't want kids running into them during recess. March - April Rarely in use (2 ~ - 4 hours per week) .Same as November - December May - June Rarely in use (2 Yz - 4 hours per week) · Same as November-December 8-27 2'd vIoI52v6I9 oH~S~~ILSI~H~~~3LS3MHLnos 62:EI 5002 52 ~d~ ATTACHMENT 5 (June 22, 2005 PC Minutes) g -2'6 MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, June 22,2005 Council Chambers Public Services Building 275 Fourth Avenue, Chula Vista ROLL CALLI MOTIONS TO EXCUSE: Present: Absent: Madrid, O'Neill, Hom, Hall, Tripp Cortes, Felber Staff Present: Nancy Lytle, Assistant Planning Director Jill Maland, Deputy City Attorney III Michael Walker, Senior Planner PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Vice Chair Madrid. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCC 05-31; Consideration to modify an existing Conditional Use Permit for a parochial school to: 1) reflect the proposed construction of a new building for an administration office, two classrooms and a multipurpose room; 2) consider operational requirements for the school; and 3) to allow two modular trailers for use as a temporary administration and construction office. The property is located at 482 L Street in the R-3-P14 Zone. Applicant: Southwestern Christian School. BACKGROU ND: Michael Walker, Sr. Planner reported that the applicant submitted an application for a Conditional Use Permit to remove an existing 1,950 sf, single-story administration building, and construct a new, 2,455 sf, two-story building. The new building will accommodate the administration offices, two new classrooms, a workroom, kitchen and multi-purpose room. The school does not propose to increase its current enrollment of 250 students. The project was originally scheduled for consideration by the Zoning Administrator, however, during the public review period, staff received a signed petition from several neighbors opposing the project, and is why the Planning Commission is now .2 -2'1 , i Planning Commission Minutes - 2 - June 22, 2005 considering the project. The issues of concern are: . The two-story building will allow occupants to look into backyards invading the neighbor's privacy . The school is not in compliance with a previous court sanctioned settlement agreement between the church/school and adjacent property owners, which prohibits the school from using the south parking lot for recreation activities . Sports equipment and other debris land in neighbors' backyards . Students sit on the back wall taunting dogs and breaking tree branches Mr. Walker noted that there exists a 1984 court settlement agreement between the neighbors and the school, which establishes conditions for use of the south parking lot. The language in the agreement reads, .....designated parking lot shall be used solely for parking, normal church functions and occasional school functions.... He further noted that a breach of the settlement agreement is a civil matter, therefore, enforcement and compliance with the court order is the responsibility of the parties to the agreement, not the City. Mr. Walker stated that the school has used the south parking lot for intermittent PE classes. The current school administration has stated that they were unaware of the court order, nor were they aware that there were disgruntled neighbors because the school had not received any complaints during the past two years, which is when the current administration came on board. They are now abiding by the 1984 court order. Staff conducted a public meeting on May 23'd to hear the concerns and to allow the school representatives to propose possible solutions to mitigate them. They proposed to: . Install temporary netting above the 6 foot high wall to prevent objects from getting into the neighbor's backyards when the activities involve sports equipment . Plant trees that would grow tall enough to provide a permanent buffer along the south and west walls; and . Increase supervision in the south parking lot area by assigning additional school staff STAFF RECOMMENDATION: That the Planning Commission adopt Resolution PCC 05- 31 approving the application subject to conditions contained therein. PRELIMINARY COMMISSION QUESTIONS / DISCUSSION: Cmr. Tripp inquired if the construction of a new two-story administration building, which more than doubles the floor area of the existing building, would be considered an intensification of the land use. Nancy Lytle responded that, it is possible to increase the mass of a building without intensifying the land use. However, the argument could also be made that by increasing the size, you are intensifying the urbanization in that area. 8-30 Planning Commission Minutes - 3 - June 22, 2005 Ms. Lytle further stated that upon staffs review of the project, with an understanding that the student enrollment thresholds would remain the same, as well as questioning the applicant, it was determined that the intent of the project was simply to modernize the facility to current day standards. Cmr. Hall inquired what, if any, is the history of complaints for this site. Mr. Walker responded that upon his review of the site's history he found four complaints; three of which were for graffiti abatement, and one was related to the parking lot ingress and egress. Cmr, O'Neill expressed concern that the Commission's decision, whatever that may be, could undermine the court's decision and force the parties back into court. Jill Maland, Deputy City Attorney responded that the court order stands on its own merits and the parties to the agreement are bound by it, irrespective of what the Commission's decision may be. Furthermore, the Commission's decision should be made independent of what the court order stipulates, based on the Commission's ability to make the necessary findings, as they would on any other matter before the Commission. PUBLIC HEARING OPENED, Mike Jones, Architect, 7860 Mission Center Ct., San Diego, CA gave an overview of the site plan, building design and its orientation as it relates to the adjacent structures, street, and neighborhood. Mr. Jones restated that there would be no increase in student enrollment, and pointed out that the existing administration building was built in the 1950's and the purpose for this improvement project was simply to bring the facility up to today's standards. Mr. Jones clarified and expounded on the following matters: . the temporary (trailer) buildings will serve as temporary administration offices and will be removed as soon as the new building is constructed. . The kitchen will not be a cafeteria-style kitchen, as there will be no food preparation taking place and will be more like a traditional home kitchen with a refrigerator, microwave and stove for occasional heating of ready-made meals. The kitchen will also serve to store the emergency food packs that the State of California requires for each student. . With respect to comments made about children sitting on the walls, Mr. Jones clarified that the wall that abuts the residences is a sound-barrier concrete wall that measures 6 feet tall. Furthermore, it's in an area that is supervised when occupied by children, and the likelihood that small grammar students would be sitting on top of it, would be is slim to none. Most likely what has been observed are students 8-3/ Planning Commission Minutes - 4 - June 22, 2005 sitting on a 4-foot high wall that is located at the front of the school, fronting L Street, and most likely those would be students from the adjacent Chula Vista High School. Mr. Jones pointed out that the use of the south parking lot that abuts the residences is not used for free-play recess-type activities, but for scheduled supervised physical education classes. Leigh Moffett, Principal, Southwestern Christian School, 482 L Street, Chula Vista, CA, stated she's been with the school for two years and has never received any type of complaint, otherwise she would have addressed it immediately. Ms. Moffett further stated that she believes they are in compliance with the stipulations in the agreement and make minimal use of the back parking lot where they conduct supervised PE classes. Additionally, with the construction of the new building, use of the parking lot will be further minimized because of the multi-purpose room of the new building that will enable them to conduct some PE classes, especially for the smaller children and during inclement weather. Ms. Moffett clarified that the PE classes are conducted one class at a time, as opposed to the free playground area where there are multiple classes. Additionally, the State of California requires that 100 minutes of physical education classes must be provided to the students. This translates to approximately three, 33-minute PE classes per week. If these classes are forced to move to the playground at the same time that other students are having recess, you are not lessening the noise, you're just relocating it and creating a safety issue because you have different aged children playing at the same time. Jackie Kottke, 5494 Soledad Rd., stated she has been a teacher at SWCS from their early days when they first were established and her children also attended the school. Although she does not live in Chula Vista, she continues to teach 6th grade because she is committed to the school and believes it makes a valuable contribution to the community. Ms. Kottke briefly described the activities that are in question that take place in the parking lot and concluded by stating that it is their desire to be in compliance with all regulations, be good neighbors and work with the neighborhood in order to be able to co-exist in a peaceful, amicable environment. Peggy Hupp, 450 Westby St, Chula Vista, CA 91911 stated she is a party to the agreement and that the homes were built in 1967 before the church or school were ever conceived of. Years later, when the church and school were constructed and the church parking lot was transformed into a playground area is when the problems with noise and privacy issues came into play. As a civil matter between neighbors, the only recourse that was available to the neighborhood was to take them to court. Ms. Hupp further stated that although there is a concern that at a future date they may e-32.. Planning Commission Minutes - 5 - June 22, 2005 consider increasing the student enrollment cap, even so, they don't object to the construction of the new building. All they ask is that the school be compliant and uphold their end of the agreement. Furthermore, the neighbors are not opposed to an "occasional" special activity in the south parking lot, i.e. a Harvest Festival or a Christmas function, however, they oppose its use as a playground or to conduct PE classes. Shirley Ross, 453 Westby St., Chula Vista, stated she concurs with Ms. Hupp's previous statements and urged the Commission to uphold their request. Rose Kraus, 466 Westby St., Chula Vista, stated she concurs with Ms. Hupp's previous statements and urged the Commission to uphold their request. Karyn Graham, 470 Jamul Ct, Chula Vista stated she attended SWCS in the late 1980's and she has never observed anyone from the school sitting on top of the fences. She restated previous comments regarding a decrease in the use of the parking for PE classes because of the new building's multi-purpose room and the occasional use of the Chula Vista High School sports field that they have agreed to allow SWCS use on occasion when its not in use by the high school. She urged the commission to support the project. Catherine Schultz, 470 Jamul Ct., Chula Vista stated she is a teacher at SWCS and the new building will allow for two additional classrooms, which would enable larger classes to be made smaller, which in turn would minimize noise from the PE classes because, for example, instead of having one class with 28 students, there would be two classes of 14 students in each class. PUBLIC HEARING CLOSED. COMMISSION DISCUSSION: Cmr. O'Neill stated that item #5 of the court order document is quite clear and unambiguous; it reads, "The southern area of the church's property designated for use as a parking lot shall be used solely for parking, normal church functions and occasional school functions." Cmr. Hall stated he came to the meeting prepared to hear an uproar of opposition on the construction of the new building, but instead the matter of contention is noise and the school's alleged non-compliance with the agreement regarding the use of the parking lot. Cmr. Hall further stated that since noise is subjective, he asked if a noise analysis was conducted to measure the levels and evaluate whether they are within what is allowed. Mr. Walker responded that environmental staff reviewed the proposal and determined that according to CEQA the project was Categorically Exempt, meaning that there are no impacts associated with the project. 2--33 Planning Commission Minutes - 6 - June 22, 2005 Cmr. Hall stated that in the absence of a noise study, he does not have the necessary information to make an informed decision. Cmr, Madrid stated that it appeared both parties were close to reaching consensus because the residents have stated they do not oppose the construction of the building and their concerns are related to the use and noise emanating from the south parking lot. The school has also made efforts to offer solutions to mitigate the neighbors' concerns. Cmr. Madrid further stated that she concurs with Cmr. O'Neill's earlier comments regarding the clarity of the language in #5 of the court order, therefore, she recommended that perhaps a condition could be added further defining the word "occasional" to mean occasional holiday events, Le. harvest festivals or Christmas events. MSC (Madrid/O'Neill) (4-0-2-1) that the Planning Commission adopt Resolution PCC 05-31 approving the application subject to conditions contained therein including a condition that re-defines the language of court order #5 to read as follows: . "The southern area ofthe church's property shown on Exhibit "8" designated for use as a parking lot shall be used solely for parking, normal church functions and no more than 12 special events per vear." Motion carried with Cmr. Hall abstaining. ADJOURNMENT to a regular Planning Commission meeting on June 8, 2005. Diana Vargas, Secretary to the Planning Commission g -31} ATTACHMENT 6 (PC Resolution PCC-05-03l) 2~?n RESOLUTION NO. PCC-05-031 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT PCC-05-031 FOR A PAROCHIAL ELEMENTARY SCHOOL ENROLLING 250 STUDENTS LOCATED AT 482 'L' STREET IN THE R-3-P-14 ZONE WHEREAS, on January 12, 2005, Southwestern Christian School ("Applicant"), filed a duly verified Conditional Use Permit application to modify an existing Conditional Use permit to: I) construct a new building for an administration office, two classrooms and a multipurpose room; 2) consider operational requirements for the school; and 3) allow two modular trailers used as temporary offices for administration and construction located at 482 'L' Street ("Project Site") in the R-3-P-14 (Apartment Residential, Precise Plan, 14 Units per Acre) zone; and WHEREAS, the Envirorunental Review Coordinator has reviewed the proposed project for compliance with the California Envirorunental Quality Act and has determined that the project qualifies for a Class I categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further envirorunental review is necessary; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on said Conditional Use Permit application and notice of said hearing, together with its purpose, was given by 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 22, 2005, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the Conditional Use Permit application, the Planning Commission voted recommending approval of Resolution PCC-05- 031, recommending the City Council approve the Conditional Use Permit application; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby recommend that the City Council approve the Conditional Use Permit application in accordance with the findings and subject to the conditions contained in this Resolution. 2 ---3b 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 school has been in operation at the same location since 1981. The project's approval will enable the school to continue to provide a choice of educational institutions in the community. 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 operation of the existing school and its site layout have been designed and conditioned to avoid potential noise impacts to nearby residents. For example, the student enrollment is capped at 250. The architecture, landscaping, and noise attenuation walles) reduce any potential negative aesthetic and environmental impacts. The parking spaces provided are adequate for the proposed use. There is adequate drop off area for the school. The lot has sufficient size to accommodate the proposed use as well as outdoor activities for the children. There is adequate on-site play area outside of the building for the school. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use has been conditioned to comply and remain in compliance with all applicable codes, conditions and regulations prior to issuance of a certification of occupancy. 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 allows for additional educational opportunities for citizens in the community and conforms to all elements of the General Plan and other adopted plans affecting the Project Site. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommend that approvalofPCC-05-031 be further conditioned upon the following: I. Prior to the issuance of a certificate of occupancy by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following requirements: 2]-37 Planning and Building: A. Obtain approval of the Design Review application by the Zoning Administrator. B. Submit an application for any proposed identification signage for review and approval by the Director of Planning and Building prior to installing any signs on the property. C. Comply with the 2001 Handicapped Accessibility requirements, 2001 Energy requirements, the 2001 CPC, CMC and CEC, Seismic Zone 4 and Wind Speed 70 mph exposure C. D. Pay aU applicable fees, including permit processing, development impact fees and Sewer Connection and Capacities fees, Traffic Signal fees, and all other outstanding fees due to the City ofChula Vista. E. Prepare and submit a demolition and recycling plan to the Conservation Coordinator for review and approval. Engineering: F. The Applicant shall implement Best Management Practices (BMPs) to prevent the pollution of storm water conveyance systems, both during and after construction. Permanent storm water requirements shall be incorporated into the project design, and shall be shown on the plans. Any construction and non-structural BMPs requirements that cannot be shown graphically must be either noted or stapled on the plans. G. The Applicant shall be required to comply with the City ofChula Vista Storm Water Management Standards Requirements Manual. H. The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NEPDS Municipal Permit, Order No. 2001-01. According to said Permit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. 1. Applicant shall be required to provide a water quality study that demonstrates compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements, with the first submittal of grading/improvement plans in accordance with the City's Manual. J. Development of the project shall comply with all applicable regulations, established by the United States Environmental Protection Agency (USEP A), as set forth in the National Pollution Discharge Elimination System (NPDES) permit requirements for 2-32 urban runoff and storm water discharge, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements. Further, the Applicant shall file a Notice of Intent (Nor) with the State Water Resource Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges associated with construction activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention measures, and shall identify funding mechanisms for the maintenance of post-construction control measures. II. Prior to Final Inspection/Occupancy: Public Works: A. Applicant shall be required to repair or replace the damaged 5-foot by 5-foot section of the sidewalk near the driveway approach on the 'L' Street side of the property. Fire: B. Applicant shall be required to provide a fire alarm system, exit lights, emergency lighting, fire extinguishers that conform to the CFC Article 25. Planning and Building: C. The site shall be developed and maintained in accordance with the approved set of plans on file in the Planning Division. III. Continuous Conditions: Planning and Building: A. The Applicant shall remain in compliance with the non-conflicting and applicable conditions previously approved in the following project files: PCC-94-0l and PCC- 83-03. B. The Applicant shall be allowed to use the south parking lot for occasional events up to 12 times a year in addition to parking usage. C. The applicant shall remove the two trailers from the property within 30 days after the final inspection date by the Building Inspector. D. The Applicant shall be required to limit student emollment to 250 students. E. The Applicant shall be required to I maintain a high level of supervision for all students when they are outside the classrooms. Supervision shall be conducted by at least two school staff when students are in the south parking lot. In addition, the 6-3'1 Principal shall designate a staff person to meet periodically with neighbors who reside on Westby Street between Fourth and Fifth Avenue, and the residents on Fifth A venue whose property abuts the school property, to discuss and remedy issues that may anse. F. The Applicant shall prepare and implement a program that will maintain the on-site landscaping in a healthy manner, and keep the school premises and neighboring properties free from trash and debris. Fire: G. The Applicant shall not allow first and second grade students to occupy any classrooms on the second floor of any building. Standard Conditions: H. The conditional use permit shall be subject to any and all new, modified or deleted conditions imposed after approval of the 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. 1. 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. J. Any violations of the terms and conditions of the permit shall be grounds for revocation or modification of permit. Any deviation from the above noted conditions of approval shall require the approval of a modified Conditional Use Permit approval by the Director of Planning and Building. K. Applicant/operator shall agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of the conditional use permit and design approval, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated by the permit and (c) Applicant's installation and operation of the facility permitted. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of the conditional use permit, upon approval by the City Council. Applicant's/operator's compliance with this provision is an express '8 -LfD condition of the conditional use permit and design approval, and this provision shall be binding on any and all of Applicant' s/operator' s successors and assigns. 1. The Applicant shall use graffiti resistant treatment on the exterior surfaces of all structures on site including walls and fences. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. M. The conditions of approval for the Conditional Use Permit approval shall be applied to the subject property from the time the Conditional Use Permit is approved by the City Council until such time approval is modified or revoked, and the existence of the approval with conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed project, the Applicant/property owner shall provide the Planning Division with a recorded copy of said document. N. The City Council's approval of the Conditional Use 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 the permit to be reviewed by the City for additional conditions or revocation. APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 22nd day of June, 2005, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Marco P. Cortez, Chair ATTEST: Diana Vargas, Secretary 8 ~Lf/ ATTACHMENT 7 (City Council Resolution) 6-42- RESOLUTION NO. 2005-_ RESOLUTION OF THE CITY COUNCIL APPROVING CONDITIONAL USE PERMIT PCC-05-031 MODIFYING SCHOOL FACILITIES TO INCLUDE: I) A NEW BUILDING FOR AN ADMINISTRATION OFFICE, TWO CLASSROOMS AND A MULTIPURPOSE ROOM; AND 2) OPERATIONAL REQUIREMENTS FOR A PAROCHIAL ELEMENTARY SCHOOL ENROLLING 250 STUDENTS LOCATED AT 482 'L' STREET IN THE R-3-P-14 ZONE- SOUTHWESTERN CHRISTIAN SCHOOL I. RECITALS WHEREAS, a duly verified application for a Conditional Use Permit was filed on January 12, 2005, with the City of Chula Vista Planning Department and Building Department by Southwestern Christian School ("Applicant") requesting approval modifying an existing Conditional Use permit to: I) construct a new building for an administration office, two classrooms and a multipurpose room; and 2) to consider operational requirements ("Project"); and A. Proj ect Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, incorporated herein for the purpose of general description herein located at 482 'L' Street ("Project Site") in the R-3.P-14 (Apartment Residential, Precise Plan, 14 Units per Acre) zone; and B. Project; Application for Discretionary Approval WHEREAS, on January 12, 2005, the Applicant filed a Conditional Use Permit with the City of Chula Vista Planning and Building Department requesting approval modifying an existing Conditional Use permit to: I) construct a new building for an administration office, two classrooms and a multipurpose room; as represented in Exhibit "B"; and 2) to consider operational requirements; and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has received the following discretionary approvals and recommendations: I) Planning Commission recommendation of approval of PCC-05-031, Conditional Use Permit for a new classroom and administration building and consideration of operational requirements on June 22,2005; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 22, 2005, and after hearing staffs presentation and public testimony voted 4-0-2-1 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and 'i]~Lj3 Resolution No. 2005- Page 2 of8 E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's Conditional Use Permit application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on August 9, 2005, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council does hereby fmd, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on June 22, 2005, and the minutes and Resolution resulting therefrom, are hereby incorporated into the record ofthis proceeding. III.COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary. IV, INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. V. CONDITIONAL USE PERMIT FINDINGS 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 school has been in operation at the same location since 1981. The project's approval will enable the school to continue to provide a choice of educational institutions in the community. S-Lj-II Resolution No. 2005- Page 3 0[8 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 operation of the existing school and its site layout have been designed and conditioned to avoid potential noise impacts to nearby residents. For example, the student enrollment is capped at 250. The architecture, landscaping, and noise attenuation wall(s) reduce any potential negative aesthetic and environmental impacts. The parking spaces provided are adequate for the proposed use. There is adequate drop off area for the school. The lot has sufficient size to accommodate the proposed use as well as outdoor activities for the children. There is adequate on-site play area outside of the building for the school. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use has been conditioned to comply and remain in compliance with all applicable codes, conditions and regulations prior to issuance of a certification of occupancy. 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 allows for additional educational opportunities for citizens in the community and conforms to all elements of the General Plan and other adopted plans affecting the Project Site. BE IT FURTHER RESOLVED that the City Council does hereby approve Conditional Use Permit PCC-05-031 as represented in Exhibit "B" subject to the conditions set forth below. VI. CONDITIONS OF APPROVAL I. Prior to the issuance of a building permit by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following requirements: Planning and Building: A. The Applicant shall obtain approval of the Design Review application by the Zoning Administrator. B. The Applicant shall submit an application for any proposed identification signage for review and approval by the Director of Planning and Building prior to installing any signs on the property. C. The Applicant shall comply with the 2001 Handicapped Accessibility requirements, 2001 Energy requirements, the 2001 CPC, CMC and CEC, Seismic Zone 4 and Wind Speed 70 mph exposure C. 2-'-15 Resolution No. 2005- Page 4 of8 D. The Applicant shall pay all applicable fees, including permit processing, development impact fees and Sewer Connection and Capacities fees, Traffic Signal fees, and all other outstanding fees due to the City of Chula Vista. E. The Applicant shall prepare and submit a demolition and recycling plan to the Conservation Coordinator for review and approval. Engineering: F. The Applicant shall implement Best Management Practices (BMPs) to prevent the pollution of storm water runoff during and after construction. Permanent storm water requirements shall be incorporated into the project design, and shall be shown on the plans. Any construction and non-structural BMPs requirements that cannot be shown graphically must be either noted or stapled on the plans. G. The Applicant shall comply with the City of Chula Vista Storm Water Management Standards Requirements Manual. H. The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NEPDS Municipal Permit, Order No. 2001- 01. According to said Permit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. I. The Applicant shall provide a water quality study to the City Engineer, which demonstrates compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements, with the first submittal of grading/improvement plans in accordance with the City's Manual. J. The Applicant shall comply with all applicable regulations, established by the United States Environmental Protection Agency (USEP A), as set forth in the National Pollution Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements. Further, the Applicant shall file a Notice ofIntent (NOI) with the State Water Resource Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges associated with construction activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention measures, and shall identify funding mechanisms for the maintenance of post-construction control measures. II. Prior to Final Inspection/Occupancy: Public Works: A. The Applicant shall repair or replace the damaged 5-foot by 5-foot section of the sidewalk near the driveway approach on the 'L' Street side of the property. 9 -1./6 Resolution No. 2005- Page5of8 Fire: B. The Applicant shall provide a fire alarm system, exit lights, emergency lighting, fire extinguishers that conform to the CFC Article 25. Planning and Building: C. The Applicant shall develop and maintain the site in accordance with the approved set of plans on file in the Planning Division. III. Continuous Conditions: Planning and Building: A. The Applicant shall remain in compliance with the conditions previously approved in the following project files: PCC-94-01 and PCC-83-03. B. The Applicant shall remove the two trailers from the property within 30 days from the final inspection date by the Building Inspector. C. The student enrollment shall not exceed 250 students. D. The Applicant shall ensure that school staff maintains a high level of supervision for all students when they are outside the classrooms. Supervision shall be conducted by at least two school staff when students are in the south parking lot. In addition, the Principal shall designate a staff person to meet periodically with neighbors who reside on Westby Street between Fourth and Fifth Avenue, and the residents on Fifth Avenue whose property abuts the school property, to discuss and remedy issues that may arise. E. The Applicant shall prepare and implement a program that will maintain the on-site landscaping in a healthy manner, and keep the school premises and neighboring properties free from trash and debris. F. The Applicant shall use the south parking lot solely for parking and occasional events; those events shall not be held more than 12 times in any calendar year. Fire: G. The Applicant shall ensure that first and second grade students will not occupy any classrooms on the second floor of any building used for classrooms. Standard Conditions: H. This Conditional Use 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. 2 -Lj 7 Resolution No. 2005- Page 6 of8 1. This Conditional Use Permit shall become void and ineffective ifnot utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.250 of the Municipal Code. J. Any violations of the terms and conditions of this permit shall be grounds for revocation or modification of permit. Any deviation from the above noted conditions of approval shall require the approval of a modified Conditional Use Permit approval by the Director of Planning and Building. K. Applicant/operator shall and does hereby agree to indemnifY, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit and design approval, (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. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, above. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and design approval, and this provision shall be binding on any and all of Applicant' s/operator' s successors and assigns. L. The Applicant shall use graffiti resistant treatment on the exterior surfaces of all structures on site including walls and fences. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. M. The conditions of approval for this Conditional Use Permit approval shall be applied to the subject property until such time approval is modified or revoked, and the existence of this approval with conditions shall be recorded with the title of the property. The Applicant/property owner shall provide the Planning Division with a recorded copy of said document. N. This City Council approval 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. O. 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 Applicant/Property Owner and 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 Applicant/Property Owner's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. :2 ~ Lj~ Resolution No. 2005- Page 7 of8 AGREEMENTS 26. The ApplicantlProperty Owner shall and does agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 27. Applicant/Property Owner shall and do agree to defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. Signature of Property Owner/Applicant Date 482 'L' Street Signature of Representative Date X, CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. XI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Jim Sandoval Director of Planning & Building 8-L/1 Resolution No. 2005- Page 80f8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this _ day of , 2005 by the following vote: AYES: Council members: NAYS: Council members: ABSENT: Council members: Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting ofthe Chula Vista City Council held on the _ day of ,2005. Executed this _ day of ,2005. Susan Bigelow, City Clerk 8-50 VI =i m '"0 r- :0 2 ~. r-UTl- , , , ~_ SIN=L~[~'LY , , , - ~ A ] c m . ! I I II " Q ! l' "II Ilh /:" iiil:, : !II'I L~J . " / // / / 290.46" ~ ,........1..,"1 '1' '1 ' I I II .?"UO={J 1~;l'\v?~~L~Il],)I'Jr '~.~----+ H1\1K; I '00.0' -"'" /' , o ~ , i , . ~ . o o r; lK(~~ " . . I -----~/~ i ! I, I' III j~ Iii ~ 9 m ~ .~ U "0 '. ,~ '~ ~ lIU I I I I ~ tI>~;;=r .Bl-f"--l Ii I!' , u g . o " ~. T:;i"' , ! ! 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EXTERIOR ELEVTIONS 6-c;S '6".6- 1 'j l! i i I \ @' 1\ I.. I )- IH l'I'--(," , ijq: Iii I~" , ~ ~ a oj' ~""'~~~~''''M'''''"~"''''o,"'''''~,,"'''''''''''' :0 . ~ ~ ~i ". ^, 0 H~ SO\1THW5T'ERN QtRlSTI.&lll SCHOOlS INC. . :gH ~H ". 470 -LwSTREET, CHULA VISTA 92011 l~ :\ . <if U1 "'I ~h 0 Hh i ~ i ,~I i:H I~i ; ~ ~ ATTACHMENT 8 (PCC-04-01 and PCC-83-03 Approvals) 25-Sb ~\r~ ::~_--: - - - = C1lY OF CHULA VISTA PLANNING DEPARTMENT August 17, 1993 Southwestern Christian Schools 4282 Balboa Avenue San Diego, CA 92117 Attn: Mr. Edsel Hughes SUBJECT: Conditional Use Pemtit, PCC-94-0l, Request to Install and Utilize One Double-Wide Commercial Coach Trailer (Standard Two-Classroom Building) as Temporary Classroom Space The Zoning Administrator has considered your request for a conditional use pemtit to allow installation and use of one 24' by 60' commercial 'coach trailer as temporary classroom space at 470 L Streel The proposed project is categorically exempt from environmental review as a Oass .14 exemption. After reviewing your proposed project, site plan and the existing conditions in the immediate vicinity of the subject property, the Zoning Administrator has been able to make the required findings to grant your request which is hereby approved subject to the following conditions. 1. Use of the temporary classroom space shall be limite~ to a period of one year. The building shall be removed from the premises no later than August 13, 1994. 2. Use of the commercial coach facilities shall be limited to primary school classroom functions only. 3. The total number of classroom seats, including the temporary classrooms, shall not exceed 250 seats. 4. Pre-school and after-school child care activities shall be limited to in-classroom activities only. 5. Southwestern Christian Schools shall discourage the use of adjacent properties, by facility employees and church/school members, for parking purposes. 6. Any complaints regarding parking noise or other adverse impacts shall be reviewed by the Zoning Administrator and may be cause for the permit to be reconsidered for additional conditions or revocation. 7. The temporary classroom facilities shall comply with all Engineering Department and state and local building and fire regulations (see attached Building and Housing Department and Fire Department comments). 276 FOURTH AvE/CHULA VISTA CALIFORNIA 91910/(6191 69;-5101 8~S7 -1=$- Southwestern Christian Schools August 17, 1993 Page 2 8. The temporary building structure shall maintain a 15 fl front yard setback from the L Street ultimate right-of"way. 9. Materials and colors for the temporary building's exterior shall be selected to match the adjacent administration office structure subject to review and approval by the Zoning Administrator. 10. Approval of PCC-94-01 shall be contingent upon staff design review and approval of the proposed structure's architectural design prior to issuance of building pemtits. 11. This pemtit 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 City shall impose after advance written notice to the permittee and after the City has given to the pennittee 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. 12. This conditional use 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 condition of approval shall cause this permit to be reviewed by the City for additional conditions of revocation. Findings of fact are as follows: 1. The proposed temporary building classroom expansion is necessary in order to allow the applicant to provide and improve the quality of educational services offered to the community, at a location previously approved for a church and school use (PCC-82-3). 2. Staff design review of the proposed structure's architectural design prior to building permit issuance will insure compatibility with the balance of the existing buildings on site. 3. The proposed use, as conditioned, will comply with the regulations and conditions specified in the Municipal Code relating to utilization of temporary building space in conjunction with public or quasi-public uses located within residential zones (Section 19.58.330). 4. The proposed temporary expansion of the already existing facilities will not adversely affect the General Plan. You have the right to appeal this decision to the Planning Commission. A completed appeal form along with a fee of $175 must be received by this office within ten days of the date of this letter. Forms are available from the Planning Departmenl In the absence of said appeal the decision of the Zoning Administrator is final. 2-52 CITY OF CHULA VISTA ~,. Southwestern Christian Schools August 17, 1993 Page 3 Failure to use this permit within one year from the date of this letter shall cause the pemtit to become null and void unless a written request for an extension is received and granted prior to the expiration date. Four copies of a Notice of Exemption from environmental review have been filed with the County Oerk. The Clerk will mail three to us and we will forward one to you. ~ Steve Griffin, AICP Principal Planner cc: City Oerk Code Enforcement WPC F:'HO~G\l1'29.93 grSCJ CITY OF CHULA VISTA 1 88' . . RESOLUTION NO. PCC-82-3 (Revised) RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION GRANTING A CONDITIONAL USE PERMIT WHEREAS, a letter requesting an extension of time for temporary classrooms was filed with the Planning Commission on June 15, 1984, and, WHEREAS, a duly verified application for a ,conditional use permit was filed with the Planning Department of the City of Chula Vista on December 3, 1984, by Church of Chri st, 470 "L" Street, and ' WHEREAS, sai d appl icati on requestedpermi ssion to amend the approved master plan of development for the Church of Christ and school located at 470 "L" Street in the R-3-P-14 zone, and WHEREAS, the Planning Commission set the time and place for a hearing on sai d condi tional use permi t appl icati on and the requested time extension and notice of said hearing, together with its purpose, was g.iven by its publication in a newspaper of general circulation in the city and its mailing to property owners within 300 feet of the exterior boundaries of the property at 1 east ten days pri or to th'e heari ng, and ' WHEREAS, the heari ng was hel d at the time and pl ace as advertised, namely 7:00 p,m., January 16, 1985, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and ,said hearing was thereafter closed, and WHEREAS, the Commission found that the extension of time and the new master pl an woul d have no si gnificant envi ronmental impacts and adopted the Negative Declaration issued on 15-82-3, as amended: , NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION finds as follows: 1. That the proposed, use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborh09d or the community. Approval of these requests will enable the applicant to' continue providing this service to the community in the same location. The new classroom structure will, provide the opportunity to separate the school activity from the church. The extension of time given to the temporary classrooms will allow for the orderly, transition to the new buildings, 2. That such use wi 11 not under the ci rcumstances of the particular case,. be detrimental to the heal th, safety or general wel fare of persons reSiding or worlting in the vicinity or injurious to property or improvements in the vicinity. ' The proposed walls will reduce the impact of the school noise on the adjacent neighborhood. The' limited ~xtension for the temporary buildings, will ensure their removal in a specified time period. 8-w 1 ~B! ---.-- . . 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The structures must meet the regulations of the Unified Building Code. 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 granting of this request will not affect the General Plan. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby'grants the conditional use permit, subject to the following conditions: A. Temporary Classrooms The temporary classrooms may be used until July 8, 1985, subject to: 1. The south facing door shall remain closed during class sessions. 2. The buil ding shall be removed from the prellJi ses no later than August 7, 1985. 3. The applicant shaH construct. a solid 6 foot high. wall on the south property line. Permits shall be obtained and the wall completed by March 31, 1985. Failure to complete the wall by said date shall constitute an immediate revocation of thi s CUP causi ng the need to vacate and remove the temporary building. - B. Revised Master Plan 1. The architectural design (including materials) of the classroom structure shall be subject to approval of the Di rector of Pl anni ng, An acoustical noi se study in compliance with State standards must be submitted to the Department of Building and Housing with the building permit request. 2. The proposed wall, enclosing .the playground area at the northwest corner of the site shall maintain a lO-foot setback from the front property 1 i ne and shall not exceed fi ve feet in hei ght. Mounti ng agai nst the wall shall be provided with the exposed portion of the wall adjacent to the street constructed of decorative material such as slumpstone, split faced block., etc. The sliding gates shall i nc1 ude vi e\~ obscuri ng materi a1 approved by the Di rector of P1 anni ng. 8~bl lie . . 3. A revised landscape and irrigation plan for the northwest portion of the site shall be submitted 4. The north wing addition shall be limited to church use only. 5. The requi red 6-foot hi gh noi se attenuation wall shall be measured from the church side of the property. The wall shall extend from the southeast corner of the property 1 i ne along the entire length of the southern and westerly property lines terminating at the Fifth Avenue setback line. This conditional use permit shal'l become void and ineffective if the same is not util i zed by JUly 8, 1985. . PASSED AND APPROVED BY THE PLANNING COt~MISSION OF CHULA VISTA, CALIFORNIA, this 16th day of January, 1985, by the following vote, to-wit: AYES: Commissioners Carson, Tugenberg, Green, Guiles, Shipe, Cannon and 0' Neill NOES: None ABSENT: None ~c~ Mlchael A. Green, Chairman ATTEST: . '-.;?;=~ ...-/ L. r-z-:. Ruth M. Smith, Secretary WPC 1665P 8-02- 1 11 A TT ACHMENT 9 (Disclosure Statement) 2~b3 ~\ry -f- "-': ~- p I ann n g & Building Planning Division I Department Development Processing CflY OF CHUIA VISTA ..APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies. of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions far a City of Chula Vista election must be filed. The fallowing information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. JACK ROWE KEVIN WITHEM W.L. FLETCHER DAN FENN PAULA DELGADO HARRY LOVING JILL ANELLA KIRK CATT SANDY SHIPPEY PETE NYSTROM I ARRY WESTFALL JIM FRIEDHOFER 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 Investment in the business (corporation/partnership) entity. 3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. JACK ROWE DAN FENN JILL ANELLA PETE NYSTROM i(FVTN IIITTHFM PAIII A DELGADO I<'TRI<' rATT I ARRY WESTFAL L W.L. FLETCHrR HARRY LOVING ,ANl\Y ,HTPP>Y ,ITM FRIEDHOFER 4. Please identify every person, including any agents, employees, cElnsultants, or independent contractors you have assigned to represent you before the City in this matter. MICHAEL JONES, ARCHITECT Has any person' associated with this contract had any financial dealings wijJ1 an officiai" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ 5. if Yes. briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution 9f more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No'L. Yes _If yes, which CounCil member? 276 Fourth Avenue (hula Vista California 9191U (619) b91-51U1 1 10 g - rei-I- P I ann n g & Building Planning Division Departmen,t Development Processing CflY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt. gift, loan, etc.) Yes_ No V If Yes, which official" and what was the nature of item provided? Date: I~i!>/JQV Signatur f Contractor/Applicant "i:T"A<i<.. Qn...Je ~ J type name of Contractof/Applicant . Print or , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust,~ receiver, syndicate, any other county, city, municipality. district, or other political subdivision, -or any other group or combination acting as a unit. , ,. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue (hula Vista California 91910 (619) 691.5101 2;&6 FROM Chula VIsta Ma~or & Council PHONE NO. I fern YlO 'is 619 476 5379 Aug. 10 2005 03: 00pr1 P2 Honorable Mayor Stephen Padilla Members of the City Council do City Clerk '~4\~ ~:u~' ;~";~;Vl --_--JClj COUNCil OFFICES CHlilA V/.~TA. CA -'--, Re' Southwestern Christian Schools - CUP ,\mendment Reconstruction of Administration Buildir g Dear Honorable Mayor and City Council: The Southwestern Christian School, located on . Street, has their request for a CUP Amendment scheduled on your agenda for August 9th. The 'Ianning Commission has completed their review and has fOtWarded the findings and recommend ation after our June hearing before their body. It is important to point out that this request for a '~UP amendment pertains only to the reconstruction of our administrative building, which is located along L Street, and is screened from the neighbors to the south. No other chan\les to the operation of the school are proposed or considered necessary. In 1986, when the City approved the 250 student cap on the school's enrollment (PCC-82-3(A)), the approval came with only one condition. that being for the school to maintain an arrangement with the Sweetwater Union High School District to use the Chula Vista High Schooi playground area. This condition ha; been complied with ever since. As evidenced by the Staff Report, few if any complaints have teen registered with either the School or the City as to the present use of the par1<ing lot for organ zed PE activities. Southwestern Christian School has no objection to the Planning Commission's recommendations for the use of the southwest portion of the par1<ing lot, assuming that One revision is made to their recommendations. Since 1986, the P.E. requinments have been modified by statute of the State of California to require not less than 100 minutes per student per week. We have been complying with this statute by utilizing the on-site parking Jot for our younger students. (Our older students continue to use CVHS to meet this requirement.) For obvious safety reasons, we have never had our younger students cross L Street. The only other use of this parking lot is for drop off and pick up of children before and after: ;chaol. In order to comply with this State requirement, w, propose that that use of the southerly par1<ing lot be restricted as follows: within the time period between 9am and 2pm ecch day, the southerly parking lot may be used no more than 2 hours per day for organized, structu'ed PEE activities for younger students, ages 9 and under. Said activities wiil include adult supe'Vision. We have worked very hard to be a good neighbcr and will continue to do all we can to mitigate any nOise or other concerns which any nearby family brings to our attention. We look rorward to answering any questions yOU might have at the hearing on August 9. Respectfully submitted. Southwestern Christian Schools Jack Rowe, President Tuesday, August 09,200511 :52 AM Peggy Hupp E 195858520 l+Vl1 JW.?5 P 02 Augusl 9, 2005 To: City Council of the City ofChula Visla Alln: Michael Walker Re: PCC-05-031 We had high hopes that the school would accept the Planning: Commissions' findings and lhat would be the end of the matter, We attended a Public Meeting in May and a Puhlic Hcaring bd:br" th" Planning Commission in June on this matter. When this began, we were told lhal if no opposition to the issues before the zoning department wa, heard that it would be resol ved at that level. Since there were mull.ip]e issues raised by the surrounding neighbors, lhey held the Public Meeting in May. The Weslhy St. attendance allhe meeting was very high. Since there were multiple issues raised at (hat mocti:1~ they held the Planning COlnrni~~lnn Meeting in June. That was a very lengthy meoting and deep discussion took place. The Planning Commission moved and approved tlleir huilding pennit and limited the use of the parking lot behind our homes, lots 2-9, J{n. parking solely, allowing 12 school functions in a year. We thought we were tini::hed with the matter- The school would gel their building permit and we would be able to enjoy the use of our homes and yards. Now there is still another meeting on the matler. We are submitting more inj()mlatil'n. I will be as accurate on the histl'ry as J rememt er it. 1. HistNY - The homes on the west half 01" Westby St. (both sides) were eonstn/eled sold and occupied in 1967. 11le hl'uses on 5th.A v" were already locat.ed and there were probahly three houses in the arca from the comer of 5th eastwardly down the south side l'fL St. Two of these were very old homes and prohably shl'uld have been made intl' historic buildiTlgs. In 1978 some of the property in that area was donated to the Church of Christ and then there was a Church hehind us. Our homes were there years he1'ore the C:h ~rch came Into being. When and hl'W the school came intl' being J (.0 not knl'w. In early 19li3 members oj" the school eamc by with a pelition asking us to agree to allow temporary classrooms behind us for one year while they were huilding the ~ choo] huilding. I questioned the pel'ple and they J:Uzu""antccd me that it would only be fOI one yeuT and no longer. So I !=jigned the petition. It was an unhelievable expeTienee fil'm the star! ofthat sehol'l year. How you ever been silting on the 'throne' and have groups l'f children Pledging Allegiance to the Flag? We couldn't brush our teeth in peace and quiet. We couldn't enjoy any hour or any day in our own houses. Many, many days my elderly mother, whl' suffered with a nervou." conditioll~ would he in. tears when I tame in from work. She couldn't even slt:ep during t.he day in her bedroom. She Wl'uld b" is such a state l'ftrembling that I would sometimes have to take her to the doctor for treatment. J talked to some orthe neighbors Tuesday, August 09,200511 :52 AM P~'y_~_~pp e 1"~,5858520 P 03 and l{)und out that they were also having prob:erns. One neighbor was having rocks~ dirt, luud~ etc. thrown in their ~winlJning pool. An .>ther neighbor was abl~ to cOlne in for IW1Ch, try totakc a nap and go hack to work ll'teL -However, she couldn't take a nap for all the noise that went on ALl, day long. The,;e are only alew of the problems we were having. We felt like we had to I:ndur" it as we had ~ib'lled petitions agreein~ lo it. We all prayed for the end or the year and the temporary buildings. The end orthe year came and shortly thereafl.t:r the people from the school came back asking us lo sign permission Ii" another year of the lemporary buildings. Whcn we all said NO they went to the city. That is when ~re got together and hired lawycrs. Ms Coderre and T couldn't afford lawyeTs as we v'ere both ~ingle working motheTS. She had four children and T had two plu~ my mother tc provide li,L I'm sure the olheT neighbors couldn't afiord it eilhcr as they had Ibur child.:en also. As you can see by the agTCement date, we were well inlo the second yeaT ormi,;ery. We had to name the ChUTCh, thc School and the Association in OUT legal battle. l1)e school was the problem, but they did not OWJlthe property. They were tenants of the Church. The school wa:s at un enrollrncnt of 100 - -175 at the time and wanted to expand to 250 in thelilture. The main point of the agceement waR we would not light the 250 and they would keep the ehildreJ)'~ playgroWld area in Ihe northwest comeT ofthe Church's property when the classrooms were completed. We did not like the Rehoot being there at all. but we figured that the play ~round that faT away from the homes on our street would lessen the m.ise and eliminate Ih" trash. debris llnd playground equipment that came into our yards and (JUT pool. TIlEY are the ones who came up with the conditions and asked us to agree to iL i\lsc we weTe behind the 'eight ball' since the c'ity had already given permisslon lhr thc sch<.ol. 2. [,ots 1-9 on Weslby St - Lot 1 does not exlcnd behind the school prope.rty but the comeT of it is right althe wall line. Lot 2. most of the yanl has adjacent pTllperty line. Lot" 3-H have full adjacent property lines. T ,ct '} has adjacent pmperty line tl.'T about 5/6'h of the yard. The back of OllT hOTtlCS arc abou.t 25 feet from the walL Out of the nine houses tluu aTe involved, 4 hou~es have retirej people living in tllem and they arc home all day. One house has a person that works nghts and needs to sleep in the day time. One house has a person who inh'trucls sonlC c"vening training classes and has to prepare in the daytime. One house has a person that h& to quit work due to an on the job i{ljury. One house has " pe~on that is recupemting ti Olll a quad by pass. One house has a very ddeTly ill person who is reeciving kidney dia yses. Three houses have women who do not wOTk. I think four hou~es have swimming pools. (Some houses have a combination of these thcwr~.) All houses have bedrooms, t"-mily moms and patio" at the back "I' them. TheTe arc a couple of houses where both work. But Yl'U never know whaltomorrow may bring. One lady became ill and died. Another lady foughl cancer for 3 or 4 years before dying. A n\an was u. paraplegic, had IIem() T:;lalysis and 5 brain ~urgcries ov~r a 12 year period bel('Te dying. None or these were expected. I hope all the healthy residents stay Tuesday, Auqust 09, 200511 :52 AM Pegqy Hupp e 195858520 P 04 hcalthy~ bId. you never know! You never k110'v what goes on in pel'sons' private lives and honIes or whal will happen in the future. And t.,)r that reason alonc, 25 feet from eonstatlt noise is not cnough. We nced that distance I'LlIS The parking lot distance and th, buffer e.1'the school building~. 3. Lots on 5'" Ave - One housc has a person 1 hat works nighLq. I have not Illund l)ut what the !"mily situations of the other 3 lIOUS"S arc. 4_ COlnpluint::i - People in all the affected hOlneg have complained many, Inany tin1t~s to the school or the church about v,lfious things throughout the recent years. Things would hc bctter for a while and then they would have prohlems again. Thcy would complain again and same story. After a while people gettircd of complaining when it doesn't solvc anything. Frustration sets in and that doesn't help the stress level one suffers. The Planning Commission asked if'the neighbors had complained to the City as these happened. NO - and that is only bc::cau.."'iC the neighboT:'i were not t1wure tha.t they could complain to tbe city. Since we have received the notices, there hav" bcen multiple complaints to the city in every form. We have written them in. We hLve attended meetings and hearings. We have lllud" t"lophone oonl.acls. We have visitod Mr. Walker in per~on at city hall. The sehoul has NOT been ~ood neigh burs! 5. The playground noise in the parking lot !hIt has been going on in Ihe recent years makes it impossible to enjoy our hOllles. II interferes with conversation when we have company and with others in the family, it inlcrfercs with telephone eOlllmunieations and it interferes with watching and enjoying TV r rngrams. A person can not peacefully rest when they ar~ not feeling well ()r wnnt or htlV~ to sleep in thl:: tU.l.ytilnc. Tht'y find it di n1eult to concentrate on preparing training ..eSsons. It interferes with relaxing around the pool. It interferes with spending timc on 'me's patio. It has continually interfered witb the enjoyment of our homes and yards. Unfortunately the home~ directly affected in l.cccnt years were not a party to the agreement and did not kJ10W ahout it. They l1ave been enduring tbe smne things tbat took us to lawyers years ago. 6. In talking with tbe other neighbors IIp and down our street on this issue I found that two of them arc deacons in Iheir church. They both emphatically agreed that the CHURCH AND CHRISTIAN SCHOOL sholJld live up to the agreement they made with the residents in 1984. or course, all the other neighbors lelt they should live up to their agrccnIcnt uho. Tuesday, August 09, 2005 11 :52 AM Peggy Hupp e 195858520 P 05 The school ha.s expected and still exp~cl:-; the homeowners to live up to the agreement and we aren"t even representing a chtuch. We expect them -- since they an: a Chrislian School and Church -- 10 live up to their agreement The al!;reement TREY asked for at the time. If YOll can't tm~t a Church and Cirri stian School to preach and abide by lml1"~(Y, integrity, prin\;jple~ and mortll ribht,,')uolJ"~~ -(hon who can you trll!;!? Tlltly above anyone should be expected to uphold tt,cir word. T::m'l that what they an:; suppo::>ed to teach and practice? 7. Years ago they made an agreement wilh U~ so they could get what they wanted without opposition. Namely the school with" 250 enrollment. They got lhaL Now they wanl the city to OK tbat tbey do not have to live up to their part of the agreement. The conditions that THEY asl.cd us to agree 10. 8. We arc asking the city to confirm thcPlanninl!; Commissions decision that was reached on Junc 22, 2005. There were 5 members present. Four vot.ed y"a and one abstained. Not one person ()ppo3cd the Illation_ ;:iJi~ 4y" Submitting Ill< Ihe group of Westby Slreet residents Tuesday, August 09,200511:56 AM Peggy Hupp e 195858520 P 02 August 9,2005 To: City Council ofChula Vista Altn: Michael Walker Re: I'CC-05-031 ADDTTTONAL COMPI,AINTS The residenls or'the houses on Westby have c1mplained to the School about lights shinning in OUT yards and homes. We compJuined in person prior to the lueellngfi and nothing has been done to rectify the situation. We complained in the public mceeting in May and nothing has been done. We complained in the Plamling Commission hearing and nothing has been done. By complaining in these Public Meetings and Hearings we have taken our complaints to city officials and nothing ha.<; been done. The first meeting was 2 Yz months ago and th" sccond meeting was I Y:, months ago. Neithcr the school nor the city officials have "een that someUling is donc aboutthc lights. In revicwing old doeumcnts, copy attached, the City Planning Commission recommendation 1 (a) says parking lights sha II be shielded to avoid glarc on adjacent residential areas. Not only are parking lights glaring, but they l',avc high lights on both the Church building and the School building that shine in back ymds and bedroom, family rooms, etc. Thcy have now added i11egal temporary trailcrs tha; have lights on them that shine in thc homes and yards. All the lights continue throughout the evening and the huilding lights are on all night. And that brings up the trailers. They have movcd temporary trailers onto the parking lot without a pemlit. The trai.lers were moved OHiO site about two weeks bdOTe the Public Hearing on May 22. This waS hrought up to . Joth the school and the city orlieia!s and nothing has been done about it. How onen do you wunt us to bring thb probl~m tu your attelltion? As you can sec, the school and the church ha,1e not been good neighbors since they located there. Tuesday, August 09,200511 :56 AM Peggy Hupp E 195858520 P 03 il~/05 14:.58 FA,\: C.V. I'LAN~ING & IlUILllING ii/.JOO" Page 1 of ; -* .. - ,.,.' ",~. City Ph~n'ln.g r;;~hsiJ)n' E' -''--<-:: I ,,'"':. ,,- "" ......;.. ..~:::,.~. ... '..'~~; PUBLIC HrllRINli, Cand~tlan"J innit PCC.aZ- .J . c~a.5raams ,ex ans on 0 C U ,.' __," Street ~ Ourc;a ,. $t A., BACKG~U~ti : L' TheCnllrch'of Christ, l\lca1;i!d at 470 ~L" Str~ltt,ln the R-9-P-14 .' seeks ~7'm!5~fo,n to. .use two por1;!Iblll builil.inll' DS tel1lpol"ary elassrQQm ~I a ,periOd of thl'ee years; during which t11!\e the 'existing c:hllTCh/",hI)l)1, bl hto,b. ex!)i.nded... Th. proposell.elCpan1l1on, includ1ng' additional llukiR\ .the sUbJe,c:t Ilf approVlIl .for.- tile lllann1"9 tcma11:s111l'l. i ' " .'. -. '., '.... ... '.. -' j . _ 2',' An, I'Ill ~i Al S,wdl'_ '15-82..3. of possible advliIMle environmentilll 111"\ the project ,~I cond!o'c~d bv t,",' Eilv.1\"OMlerltal. Re.~ll!\ll ClIn1rmttee 011 Al!all~ 1981.' lne CDlrmittee concluded '~hlt i:I'I......-.oulif lie no s1.gntficant III1vil'< ".ff!lets ..,nd. rec:o_nded.dop,~i"l ~f the Negative tJjj.,~;aril:t10n. ..' a: RECOM/o!ENDA.TlQtr. . . .'_... . .: . __ . 1,.. Find 1:~a'i 'thts proje<:i- ItHi Mve nOsjgnificant env1nlnmentll1. 11 and acIoP't the ,rfegat''I' Decllratton em IS...a2.-3. togetHer wlt~ the- follow . mltlglt1ng.measuTe~: (a) Plrking lot lights shill be shielded to 1't01d Qlare'on aclilcent r&!1dent1.l areas; (b) A~ acoustic~l analysis sha11,~ . 'DY a qlll.1ff1.ed acollstician p~1llr to -the .dd1tt~n Ofp....II'Ul.nt. elassNlam , _I/ld .reco,..,endllttons shall .1l4I i~c:orpol';ated into tn" Ill'ojec1 prior tll iss .bllildf~~U; '. ...." :.. . : 2..-' Bas6d on' the f! nd1 figs ,anta fnacl in Sect10n "~1I of this ,~jJort;.. · mQt~on apPT'Ovfn~' PCC-82!-3; f.D~ tnG use of two portllbl~ c1!,ss1"Ocitn StruCtUl It" non'''' .tI.e. sti"ll church-latatAld ..t. 4?O "L,". street\ IIUbJect to . lowing condtttons'" .. ,', . , . .' . I I -t,', . . &., ,At:/ln5tn.it:tloll pmltt 5ho11 be ~u1Ad"for..the retlIlval of . . l!>:ist1ntl.clrj\'eVl8)'.cn. the .west s'de o1'.the-ell'~tm9 thlll"Ch s. ~n o.ppl1 cati on 'fcl" a building pel'n'rIt f~,! the 11rst tempo"; tu~e, _ . _; . : b.' ,SqH.d 'jr~nctng; IlIlItl:h1nll' the existing fitnc~ng. shall, lie ~nst. . the' pl't1petV' line l,.twean the proposed'~rking Irea and adj. _ pmpert'ell. bid fence ..hill be 6 fe!lt Mgh eltcept within' setback' along Fifth A..eni.te whe,.." such feol:e shall be l'edUC81 f~t in. height.. . '., r . . .. . 'I'. C. '1\ Illndlic:ap'fng and 'Irrtgation p1~n 11i411 b!! sl,l~jtted 1"01' apl Dr. the eft)' ldth1n liO days of the d<<teo-f' tht$ approval, II Hon IlIfl 1 bf! l"1IQU1-.d COI1Clll"rent with the: c:onltructfon 0-1' tl lilt. ..'," ," ~ JI . '... ., -' d, SUlllJlema"tl' 1;1I1dsl:aplng'- shall ~e' IlT'Ovideil 1olttl>11'l toll,! e"!~t fil,,:!IC;\Documcut.%20and%20Setlings\micbae!wW:y%20Documents\My%20Pictures\2... 06/0312005 COUNCIL AGENDA STATEMENT i J Item No.: j, - Meeting Date: &L2Lll5. ITEM TITLE: PUBLIC HEARING: Consideration of a Conditional Use Permit for a temporary, one-time event for an off-road racetrack in Otay Ranch Villages Two and Four. - James Baldwin, owner of Championship Off- Road Racing (CORR). RESOLUTION: Resolution of the City Council of the City of Chula Vista granting a Conditional Use Permit (pCC-05-067) for a temporary, one-time event for an off-road racetrack in Otay Ranch Villages Two and Four. - James Baldwin, owner of Championship Off-Road Racing (CORR). Director of Planning and BUilding~ CityManage~ \4/SthsVote: Yes_No -X..) James Baldwin, owner of Championship Off-Road Racing (CORR), has applied for a Conditional Use Permit for a temporary off-road racetrack in Villages Two and Four, located south of Olympic Parkway, east of the Otay Landfill, and west of La Media Road. The proposed off-road racing events would occur on two consecutive weekends, September 23 - 25 and September 30 - October 2, 2005. Races will occur between 10:00 a.m. and 5:00 p.m. Post- Racing Event activities include live entertainment that will be provided between 5:00 p.m. and 7:00 p.m. The sale of alcoholic beverages is requested to be allowed during the races and would cease one hour prior to the end of the races. The site plan includes a temporary racetrack, standslbleachers for spectators, food and restroom areas, pit area for race participants, and three onsite parking lots. In addition, offsite-parking will be available at Otay Ranch High School. SUBMITTED BY: REVIEWED BY: RECOMMENDATION: Staff recommends that the City Council adopt a resolution approving Conditional Use Permit PCC-05-067 in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission met on July 27, 2005 and approved the attached Resolution PCC-05-067 recommending adoption of the Mitigated Negative Declaration (MND) and approval of the Conditional Use Permit by the City Council. The Resource Conservation Committee (RCe) recommended approval of the Mitigated Negative Declaration at their July 11, 2005 meeting. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-05-023 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, 1-/ Page 2, Item: Meeting Date: i::t I R/c)IO~ revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-05-023. DISCUSSION: 1. Project Background The project site was first assessed in conjunction with the Otay Ranch General Development Pian/Subregional Plan Program Environmental hnpact Report for Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) that was prepared jointly by the City of Chula Vista and County of San Diego in October of 1993. A portion of the site where the pit areas will be located was previously graded as a soil borrow site for the construction of Olympic Parkway. One of the areas designated for overflow parking (Parking Lot "C" on the site map) is located within a portion of Village Four, southeast of Wolf Canyon. This development area was approved as a soil borrow site as part of the Village Seven SPA and Tentative Maps on October 12,2004. The majority of the project site boundary including the entire racetrack is located within the planning area of the Village Two SPA Plan and Tentative Maps that are currently in the review process with the City. The preliminary documents indicate that Village Two will become the largest of the residential villages in Otay Ranch. It is anticipated that the EIR and SPA Plan will be presented in public hearings soon after the race event is held with final approvals scheduled for January 2006. 2. Project Site Setting The project site consists of harvested agricultural fields and a graded soil borrow site utilized by previous developments in Otay Ranch. The total area that would be used by the proposed event activities encompasses approximately 149 acres, of which 57 acres have been previously graded for the borrow site. The project site consists of rolling hills and relatively steep tributary canyons and is situated between two significant ridgelines: Poggi Canyon, which is located to the north and Wolf Canyon, which occurs to the south of the site. Grading of the agricultural fields will be necessary to prepare the racetrack; however, the racetrack will be designed to conform to existing landforms, so there will be very little landform alterations beyond the creation of the racetrack. The areas proposed for parking would still appear as agricultural fields which have been mowed but have not be cleared of all vegetation, so there will be very minimal changes made to create the large parking lot areas, other then to provide bio-silt fencing around the entire project site. q-2 Page 3, Item: '1 Meeting Date: R/9/0~ 3. General Plan Land Use and Zoning The site is located within the Otay Ranch General Development Plan (GDP). The proposed project site area encompasses the future Village Two and a portion of Village Four as shown on the General Plan land use diagram and the Otay Ranch GDP land use map. The General Plan and Otay Ranch GDP identifies conceptual development, circulation and open space as land use components within each of the square mile land areas that are mapped and planned to incorporate the village concept. The General Plan Land Use Diagram generally shows floating land use designations of Low-Medium Village (LMV) density residential land uses surrounding Medium-High (MH) density residential along with mixed (commercial and residential), and neighborhood park, school and community purpose land uses within the village core for each village. The General Plan and the Otay Ranch GDP documents state that each village in Otay Ranch will be developed in accordance with a Sectional Planning Area (SPA) Plan, which will outline specific development standards and regulations and will function in the same manner as zoning regulations. However, specific Planned Community District Regulations have not yet been adopted as part of the future SPA Plan for Village Two and Four, and the current zoning for the entire site is Planned Community (PC). The proposed temporary racing event activities contemplated here are considered conditionally permitted use within the Planned Community (PC) Zone, utilizing the unclassified use requirements listed under unclassified uses in the Zoning Code (19.54.020J-7) for race tracks, which requires that a conditional use permit be considered by the City Council subsequent to its receipt of recommendations thereon from the Planning Commission. Because the land use is a temporary use, it will not require amendments to the Chula Vista General Plan, or the Otay Ranch GDP. Surrounding land uses include the Otay Ranch High School immediately north of the site; developed residential uses in Village One located farther to the north (north of the existing Olympic Parkway), developing residential uses in Village Six (east of the existing paved La Media Road), Otay Landfill to the southwest, and undeveloped land to the south and southeast. 4. Project Description The proposal is to allow for a temporary, one-time event involving Championship Off-Road Racing (CORR) on a portion of the Otay Ranch property located south of Olympic Parkway, east of the Otay Landfill and west of La Media Road. The off-road race event will occur on two consecutive weekends, September 23 - 25 and September 30 - October 2,2005. The off-road race event will consist of up to 10 races each day of the event with eight classes of vehicles competing during the CORR: Pro 2 (two-wheel drive), Pro 4 (four-wheel drive), Pro q-~ Page 4, Item: Cj Meeting Date: R/91O'i Light, Sportsman Truck, Sportsman 2, Light Buggy, Single Buggy, and Super Buggy. Each race will last approximately 15 minutes, followed by a IS-minute water down of the racetrack. The proposed temporary racing event and activities is considered a conditionally permitted use within the Planned Community (PC) Zone, utilizing the unclassified use requirements listed under unclassified uses in the Zoning Code (19.54.020J-7) for race tracks, which requires that a conditional use permit be considered by the City Council subsequent to its receipt of recommendations thereon from the Planning Commission. The applicant is also seeking an interpretation of the Zoning Code (19.58.040), the Amusement and Entertainment Facilities use requirements that is referenced to racetracks uses and which would prohibit alcohol beverages being sold or consumed on the premises except in conjunction with a restaurant to include food vendors through this conditional use permit since the applicant is requesting that alcohol may be sold with food vendors. Races will occur between 10:00 a.m. and 5:00 p.m. Post-Racing Event activities include live entertairunent that will be provided between 5:00 p.m. and 7:00 p.m. Sales of alcoholic beverages are requested for approval as part of this Conditional Use Permit in conjunction with the required Alcohol and Beverage Control (ABC) permits, and it is recommended as a condition of approval that the sales of alcoholic beverages cease one hour prior to the end of the races. As shown on the preliminary racetrack map, the site plan includes a temporary racetrack, standslbleachers for spectators, food and restroom areas, pit area for race participants, and three onsite parking lots. In addition, off-site parking areas would be available for overflow parking if needed. A description of the site access/parking, site preparation and operation of the various uses is provided below, as well as a description of activities that will occur at the site post- operation. The applicant expects that the Championship Off-Road Racing (CORR) event will draw approximately 24,000 spectators per day from the San Diego County region. Access to the CORR event will be from both the Telegraph Canyon Road and Olympic Parkway interchanges at I-80S, located approximately four miles to the" west. Other local roadways that may be used include Heritage Road, La Media Road, and Birch Road. Entrances into the race area will be provided from Olympic Parkway and La Media Road. 5. Staff Analysis Prnjp.r.t Sltp. np.~r.nptlnn: The preliminary racetrack map shows a short track and a long track extension racetrack with grandstandlbleachers located along the northern top and side edges of the racetrack for spectators. There are food, restroom and vendors areas behind the grandstands. The racetrack will be situated approximately 8-ft. below the grandstands, with 10,OOO-lb. concrete barriers 9-'-1 Page5,fiern:~ Meeting Date: R/9!O~ running along the entire frontage of the grandstand area. In addition, a 10- ft. high catch fence with steel cables will run the entire length of the grandstand area to protect spectators. Perimeter silt and bio fencing will be provided around the entire site, with security personnel or "track spotters" posted at all access points to the racetrack and the three parking areas throughout the event. Security personnel will be placed at the gate that controls entry to the Wolf Canyon Road access road (which provides the FAA access to the VORTAC site), located near the Hanson Aggregate rock quarry. As designed the project site and boundary controls would be consistent with maintaining the integrity of the City of Chula Vista MSCP Subarea Plan, as it is located entirely within existing developable areas. An entertainment area for live music and award presentations is located in the northeast comer of the project area over one hillside that connects to the Otay Ranch High School, where the existing paved parking lot areas will be rented from the school district by the applicant for the event. The racing pit areas are located in the northwest comer of the project area in front of the main entrance parking area that is connected to the intersection of Heritage Road and Olympic Parkway. Two secondary parking areas are accessed from the intersection of La Media and Birch Road, and a shuttle service will be provided for spectators who must use the distant parking area located in the southeast comer of the project boundary. It is estimated that approximately 9,600 vehicles per day of the event would access the site, via Olympic Parkway and La Media Road. Other local roads that would provide direct access to the site are La Media Road, Heritage Road, and Birch Road. Several activities associated with the race event will potentially cause some one-time nuisance noise events; however, nuisance noise is exempt from the noise ordinance (19.68). Nuisance noise may include: generators for power; spectator passenger vehicles; paddock and pre-race staging traffic; actual racing; loudspeaker announcements and after race events including live entertainment. Races are only to occur between 10:00 a.m. and 5:00 p.m. Post-Racing Event activities include live entertainment that will be provided between 5:00 p.m. and 7:00 p.m. The race event also has the potential to result in safety hazards associated with accidents during the race events as well as the police control efforts associated with spectators and traffic control, therefore there will be a temporary increase in demand for police and fire services. The fire station located at 1640 Santa Venetia is close by, approximately one-half mile to the east. The Fire Department will have a fully staffed brush engine dedicated to this event one hour before and after the normal event times. In addition, the event operators shall furnish the Fire Department and Ambulance service a means for two-way radio communication during the hours of operation. In addition, a Public Safety/Medical Plan is also being required as part of the conditional use permit, to be provided by the Championship Off-Road Racing (CaRR) management team to the Police Chief and Fire Marshal prior to the event. 9-5 c! Page 6, Item: Meeting Date: R/9/O'i With regard to event, spectator and traffic control, the Police Department has requested the CORR management team to provide the City with a Security Plan that shall address all issues regarding security, on-site traffic control and parking subject to final review and approval by the Police Chief. Representatives of CORR management team have already met with the Police Department's Special Events & Special Investigations Unit. Sales of alcoholic beverages are requested for approval as part of this Conditional Use Permit in conjunction with the required Alcohol and Beverage Control (ABC) permits. The CORR management team will obtain and provide all required Alcoholic Beverage Control (ABC) permits for review and approval by the Police Department's Special Events & Special Investigations Unit prior to any sales of alcohol on the project boundary site at the racing and entertainment events. All alcohol sales shall be incorporated within the food vending areas and no segregated "beer garden" arrangements will be created. The Police Department has recommended that the sales of alcoholic beverages cease one hour prior to the end of the races as a condition of approval. Of note, no overnight camping or motor homes are allowed within the project boundary site during the race event weekends of September 23 - 25 and September 30 - October 2, 2005 or during the intervening week except for those self-contained facilities utilized by racing teams located within the pit area, as a condition of approval. Signs will be posted including sections from the California Vehicle Code to inform spectators arriving to the site ofthis requirement. Off-Site Pl~n: It is not anticipated that the additional traffic associated with the racing events would result in unacceptable levels of service on any affected roadway. In contrast to concerts such as those typically held (non-festival events) at Coors Amphitheater,. most spectators will be arriving throughout the timeframe the racing is allowed between 10 a.m. and 5 p.m. and no one can enter the site for any of the post-race entertainment events without a ticket to attend the races. However, there is the potential for localized congestion at ingress and egress points of the project and parking impacts on City roadways during the two weekends that the racing events would be held. To avoid the potential for significant impacts, a Traffic Control Plan is being reviewed and will require approval by the City Engineer and Police Chief two weeks prior the events. The Traffic Control Plan will provide methods to reduce potential traffic impacts on vehicular circulation and parking in the area. Elements of the Traffic Control Plan would include a description of the signage, striping, delineate detours, flagging operations and any other devices which would be used during events to guide motorists safely to ingress locations from public roadways. The Traffic Control Plan would also include provisions for coordinating with local emergency service providers regarding event times and measures for bicycle lane safety. The Traffic C}-b Page 7, Item: Meeting Date: Rf<)/o~ Control Plan will ensure that access and traffic flow would be maintained, and that emergency access would not be restricted. The Traffic Control Plan would also ensure that congestion and delay of traffic resulting from the event do not increase significantly or be of a short-term nature. Other conditions of approval require the applicant to provide fencing or other security features should be provided to discourage patrons from finding their way onto adjacent construction sites. The McMillin Company has requested that fencing be provided that prohibits spectator access into grading operations currently occurring Village Seven. Access controls should be placed at Birch Road from Magdalena Avenue in Village Six and from Birch Road south onto Magdalena Avenue at the north end of Village Seven. Fencing should already be in place along the west side of Magdalena extending from Birch Road to the High School entrance. Additional fencing may be warranted is along the remainder of the west side of Magdalena Avenue from the high school entrance to Rock Mountain Road. This would effectively limit access to all active construction areas, including the School District's high school site. In addition, CaRR management team will be required to provide additional information regarding the specific locations where vehicles will enter the proj ect boundary site and where tickets will be taken to address concerns about queuing from adj acent arterials and control of the project boundary site. Finally, while it was contemplated to control or eliminate parking in adjacent neighborhoods (Heritage Village One to the north and Santa Venetia Village Six to the east), the Police Department has indicated that as a practical matter this would be difficult to enforce and would be more disruptive to residents. The Police Department is confident that since the cost of parking is covered in the price of the ticket, and the distance to each of these residential village is somewhat prohibitive, there should be no need to address parking as an impact in the surrounding residential neighborhoods. SnmmHry nfFnvironmpntHl Fffp"t.: The MND for the Temporary Off-Road Race (IS-05-023) identified significant but mitigable impacts to air quality, cultural resources, paleontological resources, geology and soils, hazards and hazardous materials, hydrology and water quality, public services and transportation and traffic. Air quality impacts were primarily related to dust emissions during site preparation and the race event phase. Mitigation to reduce air quality impacts include, but are not limited to, stabilization of exposed soils, mowing of parking lots such that roots of the vegetation remain intact in order to provide soil stabilization, prevention of soil track-out onto paved roads, watering of the race track between each event, and watering of unpaved roads twice per day. Although no impacts to significant recorded archeological sites or historic resources are anticipated to occur, the potential to encounter other buried resources exists. In addition, grading of the project site would impact Otay, San Diego and Sweetwater Formations, which have high 1-7 Page 8, Item: 0; Meeting Date: R/9/O~ resource potential to bear paleontological resources. Mitigation for these potential impacts includes onsite monitoring during site preparation. The proposed project has the potential to result in significant erosion impacts during the site preparation phase, race event phase and the post-event phase. Erosion control Best Management Practices (BMPs) identified in the Storm Water Pollution Prevention Plan (SWPPP) would mitigate potential impacts resulting from erosion to less than significant. The BMPs would be identified in the SWPPP, and preparation of a SWPPP to the satisfaction of the City Engineer is a required mitigation measure included in the MMRP. The proposed project has the potential to result in significant impacts associated with leaks/spills of hazardous materials/waste into sensitive habitat areas. Implementation of BMPs during all phases of the project would mitigate potential impacts associated with hazardous materials/waste to less than significant. The BMPs would be identified in the SWPPP, and preparation of a SWPPP to the satisfaction of the City Engineer is a required mitigation measure included in the MMRP. The project would involve a number of activities that have the potential to result in impacts to hydrology and water quality, such as the potential to contribute pollutants, including oil and grease, suspended solids, metals, gasoline, and pathogens to the receiving waters and erosion from temporary manufactured slopes. BMPs would be implemented at each phase of the project to mitigate potential impacts associated with hydrology and water quality to less than significant levels. The BMPs would be identified in the SWPPP, and preparation of a SWPPP to the satisfaction of the City Engineer is a required mitigation measure in the MMRP. The proposed project has the potential to result in hazards associated with accidents during the race events and, therefore, creates a temporary increase in demand for police, emergency medical and fire services. Preparation of security and medical plans to the satisfaction of the City Police and Fire Chief would mitigate potential impacts to less than significant. There is the potential for localized congestion at ingress and egress points of the project and parking impacts on City roadways during the two weekends that the CORR event would be held. To avoid potential for significant impacts, a traffic control plan would be prepared in accordance with City guidelines by the project applicant and submitted to the City of Chula Vista Engineering for review and approval. The preparation of a traffic control plan would mitigate potential impacts to circulation and parking to less than significant. CONCLUSION: Based on the foregoing analysis, every impact of the race event project will be mitigated as part of the Mitigation and Monitoring Program. The Municipal Code for special events allows for the temporary impacts on air quality and noise. Post race event clean up, the removal and re-grading 1-6 Page 9, Item: ~ Meeting Date: R/qlO~ of the track and the restoration of vegetation is also required as part of the Mitigation and Monitoring Program. In addition, the applicant is required to provide proof of liability insurance coverage naming the City of Chula Vista as an additionally insured party in the amount of $10 million. The liability insurance policy is required to be reviewed and approved by the Risk Management Department at least two weeks prior to the event. Therefore, staff recommends approval of the temporary event conditional use permit based on the findings and conditions as noted in the draft City Council resolution. FISCAL IMPACT: There are no fiscal impacts from the preparation of this report and the processing of the Conditional Use Permit. All costs are covered by the deposit accounts. The Safety/Medical Plan implementation will require that the Fire Department provide a Firefighter, Engineer and Captain to be on hand during the event at an estimated full recovery cost of $10,134.68. The Security Plan will require as many as 54 police personnel (Sergeants, Agents, and Officers) to be on hand during the event at an estimated full recovery cost of$130,904.78 per day. Deposit accounts will be established with the Fire and Police Departments prior to the event. ATTACHMENTS: 1. Locator Map 2. Planning Commission Resolution PCC-05-067 3. Mitigated Negative Declaration IS-05-023 4. Application Documents with Disclosure Statement 5. Preliminary Race Track Map 6. Aerial Photo Site Plan Map J:IPLANNINGIHAROLDIPCC-05-067-CCREPORT.DOC 9-9 County of San Diego Landfill PROJECT lOCATION ! C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ~~I~: James Baldwin PROJECT OESCRIPl10N: C) CONDITIONAL USE PERMIT PROJECT Otay Ranch Village 2 and Request: Proposal for temporary one time event, involving ADDRESS: Portion of Village 4 off road racing on the Otay Ranch Village 2, and portion of SCALE: FILE NUMBER: Village 4 properties and clearing for racetrack, parking, NORTH No Scale PCC-05-067 spectator and race participant areas. J:\planning\carlos\locators\pcc05067.cdr 07.25.05 q-ID RESOLUTION NO. PCC-OS-067 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION IS-OS-023 AND THE MITIGATION MONITORING PROGRAM, AND GRANT A CONDITIONAL USE PERMIT FOR A TEMPORARY OFF-ROAD RACETRACK ON A PORTION OF THE OTAY RANCH VILLAGES TWO AND FOUR- JAMES BALDWIN. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Plarining and Building Department on May 23, 2005 by James Baldwin, ("Applicant"); and, WHEREAS, the application requests permission to conduct off-road races on September 24-25 and October 1-2 on a portion of the Otay Ranch Villages Two and Four over approximately 149 acres ofland located south of Olympic Parkway, east of the Otay Landfill and west of La Media Road; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-05-023 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revision~ to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-05-023. WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05-023) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City ofChula Vista; and, WHEREAS, the Resource Conservation Commission determined that the initial study was adequate and recommended adoption of the Mitigated Negative Declaration as to the effects of the proposal on the environment on July II, 2005 in compliance with the California Environmental Quality Act; and WHEREAS, the Planning Commission 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 within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, 1-/ ) Planning Commission Resolution PCC-05-067 Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on July 27, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of conditional use permit is consistent with the City of Chula Vista General Plan and the Otay Ranch General Development Plan, as well as the Zoning Code, and all other applicable plans so that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the Mitigated Negative Declaration and approved a resolution granting the conditional use permit in accordance with the findings contained in the attached City Council Resolution. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED'BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 27th day of July, 2005 by the following vote, to-wit: AYES: Felber, O'Neill, Cortes, Horn, Tripp NOES: ABSENT: Madri d, Ha 11 ABSTENTIONS: ---,~ ~ <2.. - Vick Madrid, Chair ATTEST: ~~ Diana V argas, sec~ J :\PLANNING\HAROLDlRESOLUTIONS\PCC-05-067PCRESO.DOC q-/2 Mitigated Negative Declaration PROJECT NAME: Conditional Use Permit for Temporary Championship Off-Road Race PROJECT LOCATION: Southwest of the Olympic Parkway/La Media Road Intersection ASSESSOR'S PARCEL NO.: 644-030-11-00,644-030-07-00,644-030-14-00 PROJECT APPLICANT: James P. Baldwin CASE NO.: IS-05-023 bATE OF DRAFT DOCUMENT: June 29, 2005 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: July 11, 2005 DATE OF FINAL DOCUMENT: July 29,2005 PREPARED BY: Mami Borg, Environmental Projects Manager A. PROJECT DESCRIPTION The proposed project is a temporary, one-time event involving Championship Off-Road Racing (CORR) on a portion of the Otay Ranch property located south of Olympic Parkway, east of the Otay Landfill and west of La Media Road. Exhibits I and 2 depict the proposed project location on a regional and vicinity scale, respectively. The off-road race event will occur on two consecutive weekends, September 23-25 and September 30-0ctober 2, 2005. The off-road race event will consist of up to 10 races each day of the event with eight classes of vehicles competing during the CORR: Pro 2 (two-wheel drive), Pro 4 (four-wheel drive), Pro Light, Sportsman Truck, Sportsman 2, Light Buggy, Single Buggy, and Super Buggy. Each race will last approximately 15 minutes. Exhibit 3 provides a graphical depiction of the site layout and orientation of uses for the proposed CORR event. As shown in Exhibit 3, the site plan includes a temporary racetrack, standslbleachers for spectators, food and restroom areas, pit area for race participants, and three onsite parking lots. In addition, offsite parking areas would be available for overflow parking if needed. A description of the site access/parking, site preparation and operation of the various uses are provided below, as well as a description of activities that will occur at the site post- operation. /')-/2 ~1 >...J Page I of29 CORR Access and Parkin!! It is anticipated that the CORR event will draw approximately 24,000 spectators per day from the San Diego County region. Access to the CORR event will be from both the Telegraph Canyon Road and Olympic Parkway interchanges at I-80S, located approximately four miles to the west. Other local roadways that may be used include Heritage Road, La Media Road, and Birch Road. Entrances into the race area will be provided from Olympic Parkway and La Media Road. Based on an average of 2.5 passengers per vehicle, up to 9,600 parking spaces will be needed. Parking for spectators will occur in designated onsite and offsite areas. A total of 7,797 parking spaces will be provided onsite in three separate parking lots; Parking Lots A and B are located adjacent to the event area and Parking Lot C is a remote lot located southeast of the event area (Exhibit 3). Access to Parking Lot A will be provided by an existing dirt road off of Olympic Parkway and will contain 4,600 spaces; access to Parking Lot B will be from an existing dirt road off of La Media Road and would contain 782 spaces; and Parking Lot C will be accessible from the unpaved portion of La Media and will include approximately 2,415 spaces. A shuttle will be provided to transport spectators from Parking Lot C to the race area. The remaining parking needs will be accommodated in several off site parking locations. Offsite parking areas will be available on the paved portion of Birch Road east of La Media Road, the paved and unpaved portion of La Media Road (south of Santa Venetia), Otay Ranch High School, and developed areas associated with Village 7 located southeast of the Birch Road and La Media Road intersection. It is anticipated that approximately 2,100 vehicles could be accommodated at offsite parking areas. No race-event parking will be permitted in residential areas. Race-event staff members will be positioned at entrances into residential areas to direct traffic into designated parking areas. No parking will be permitted along existing dirt access roads off of Olympic Parkway and La Media Road. Site PreDaration Phase Site preparation is anticipated to take approximately three to four weeks prior to race events. Activities associated with site preparation involve grading for the racetrack, set up for the pit area for race crews, spectator stands and food service areas, and installation of Best Management Practices (BMPs j to control erosion and sediment transport. In order to reduce soil erosion and dust emissions from parking areas, mowing of existing agricultural fields has been conducted in conjunction with ongoing harvesting activities such that roots and approximately one inch of vegetation will remain intact to stabilize the soiL Grading for the track will involve creation of an inner track approximately 3,600 linear feet in length and a track extension for longer races, which will be approximately 7,200 linear feet in length (Exhibit 3). The temporary track will be designed to include several "humps and bumps," and the maximum cut depth will be approximately 40 feet. Grading for the temporary racetrack is expected to be balanced such that no soil will be imported or exported. No grading will be Cj -ILl Page 2 of 29 required for the two main existing access roads into the proj ect site; however, a cover of crushed asphalt will be re-applied to minimize dust emissions. In addition, watering of the access roads will occur throughout site preparation as well as on race days to minimize dust emissions. Gravel may also be laid down at transition areas from dirt to paved surfaces to reduce dust. The maintenance area for race vehicles will be located adjacent to the western edge of the racetrack (Exhibit 3). This area, as well as the storage area for hazardous materials/waste and restroom areas, will be lined with an impervious material to prevent spills and potential leakage of automobile fluids and other materials into the ground or any waterways. In addition, any storage, handling or disposal of hazardous materials/waste will be properly contained in accordance with local, state and federal laws. Because the CaRR event is temporary, no permanent utilities will be constructed. Generators for lighting and electricity will be brought onto the site, as well as portable restrooms facilities and water. Temporary standslbleachers and any equipment needed for the spectator and entertainment areas will also be provided by the event sponsor. A number of BMPs will be installed during this phase for erosion, sediment, dust and trash/debris control. The required BMPs will be described in the Storm Water Pollution Prevention Plan (SWPPP) prepared for the project and will require approval by the City Engineer. These BMPs will be implemented to protect water quality of nearby drainages and air quality in the project vicinity during the site preparation and race events. Race Event Phase As previously mentioned, the race events will occur on two consecutive weekends, September 23-25 and September 30-0ctober 2,2005. Race events hours will be generally from 8 a.m. to 10 p.m. on Saturdays and Sundays. Up to 10 races will be held each day of the event and will start at approximately 10 a.m. The last race will conclude at approximately 5 p.m. Post race events may include an awards ceremony and live music entertainment. Loud speakers, microphones and other audio-visual equipment will be provided to announce races. Because night-lighting will be limited to the pit area, the awards ceremony and music entertainment will generally conclude at sunset. During the week in-between the race weekends, the race areas will be closed off to the public; access to the site will only be permitted for race participants, crew members and security staff. Racing events will not be held if it rains. Race participants will arrive Friday, September 22, 2005. Equipment, race vehicles and some race participants/crews will remain onsite for the duration of the event. Overnight use of the site will be limited to only the race participants/crews and security. No overnight camping will be permitted for spectators. Security, fire and medical services will be provided on both weekends of the CORR. The event sponsors will have security personnel onsite, at entrances and other offsite locations, as needed. The City of Chula Vista Police Department will provide supplementary law enforcement services. In addition, the City of Chula Vista Fire Department and an emergency medical service provider will be available in case of medical emergencies. A security plan and emergency Cj-/5" Page 3 of29 medical plan will be prepared by the project applicant and will be approved by the City Police and Fire Departments, respectively, prior to the start of the race events. In addition, a traffic control plan will be developed to facilitate arrival and departure from the event and will require approval by the City Police Chief and City Engineer prior to the start of race events. During the race, maintenance of racing vehicles will occur within the designated pit area. Maintenance may include refueling, mounting racing wheels, and checking/refilling of fluids. General clean-up and trash pick-up of the pit area, spectator stands, food/beverage area and parking lots will occur on a daily basis. Access roads will be watered on race days to minimize dust emissions. Post Race Event Phase Post-event activities essentially consist of site clean up and soil stabilization of exposed slopes. All trash and debris generated by the proposed project will be removed. All temporary structures, stands, bleachers, canopies, portable restroom facilities, and power generators will be disassembled and removed from the site. Any containers with hazardous materials/waste will be properly disposed of in accordance with local, state and federal laws. BMPs that provide for erosion control and reduction of sediment transport into drainages, including desilt basins and silt fencing, will remain in place. In addition, any created slopes will be hydroseeded with a native seed mix that incorporates a soil binder/stabilizer at the direction of the City Engineer. The native seed mix will contain drought tolerant, non-invasive plant species as no irrigation will be provided. Stabilization of constructed slopes and other disturbed areas within the project site will occur in accordance with the City's grading ordinance. Discretionary Actions/Other Proiect Approvals The project applicant applied for a Conditional Use Permit (CUP) for approval to hold the proposed one-time racing event on a portion of the Otay Ranch as shown in Exhibit 2. The purpose of the environmental review provided through this Mitigated Negative Declaration (MND) is to evaluate the potential environmental effects that could result from site preparation necessary for the race, as well as activities associated with the race event. This MND has been prepared by the City as the lead agency and in conformance with g15070, subsection (a), of the State CEQA Guidelines. The following additional approvals may be required in order to implement the proposed project. · City of Chula Vista Engineering: approval of SWPPP, traffic control plan, and grading permit; · City of Chula Vista Police Department: approval of security plan and traffic control plan; and · City of Chula Vista Fire Department: approval of emergency medical plan. q-/h Page 4 of 29 B. PROJECT SETTING The proposed project site is located within a portion of Otay Ranch, in southern San Diego County, California (Exhibit I). Specifically, the project area occupies approximately 149 acres southwest of the Olympic Parkway and La Media Road intersection in the City of Chula Vista as shown in Exhibit 2. The project site is located on the U.S. Geological Survey 7.5 minute series, Otay Mesa quadrangle, Section 12, Township 18 South, Range I West. Olympic Parkway forms the northern border of the proposed project site, with Wolf Canyon located adjacent to the southeastern portion of the site. The future southern alignment of Heritage Road will be the western boundary of the site. La Media Road generally forms the eastern boundary of the site. With the exception of an offsite area located in Village 7 (east of La Media) that may be used for overflow parking if necessary. The Lower Otay Landfill is located southwest of the site (Exhibit 2). The Lower Otay Reservoir is over three miles east of the project, and Interstate 805 is approximately one mile to the west. The entire project site is topographically diverse with elevations ranging from 200 feet above mean sea level (AMSL) in the southern portion to 535 feet AMSL in the northeastern portion. The project site consists of rolling hills and relatively steep tributary canyons and is situated between two significant ridgelines: Poggi Canyon, which is located to the north and Wolf Canyon, which occurs to the south of the site. Numerous drainages trend north to south into Wolf Canyon, eventually draining into Otay River which is two miles to the south of the site. Poggi Canyon creek runs along the northern border of the site within channels created as part of the Olympic Parkway project. Soils onsite consist of Diablo clays, Diablo-Olivenhain complex, terrace escarpments, Linne clay loarns, Olivenhain cobbly loarns, and Salinas clay loarn (Bowman 1973). The CORR racetrack, location of parking lots and other uses associated with the proposed project were intentionally sited and designed to avoid impacts to sensitive vegetation types. The existing land covers within the footprint of the proposed project, which includes the CORR track, pit area, spectator stands, food/beverage area and parking lots, consist of previously graded/developed areas associated with previously approved activities (soil borrow sites and the former ranch headquarters), ruderal (weedy) areas adjacent to the ranch headquarters, and agricultural land. The agricultural land consists of dry fanning (primarily barley crops) and cattle grazing. A number of dirt roads also occur on the site. The proposed proj ect area does not contain any natural or sensitive habitats. Surrounding land uses include the Otay Ranch High School immediately north of the site, developed residential uses in Village One located farther to the north (north of the existing Olympic Parkway), developing residential uses in Village Six (east of the existing paved La Media Road), Otay Landfill to the southwest, and undeveloped land to the south and southeast. q-/7 Page 5 of 29 C. PRIOR APPROVALS AND ENVIRONMENTAL DOCUMENTATION Otay Ranch General Development Plan/Subrel!:ional Plan Prol!:ram EIR The Final Program Environmental Impact Report (program EIR 90-01) for Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) was prepared and certified jointly by the City of Chula Vista and County of San Diego. The Program EIR 90-01 addresses the environmental impacts of implementation of the Otay Ranch GPNGDP/SRP and related documents, which include Facility Implementation Plans, a Village Phasing Plan, Phase One Resource Management Plan (RMP), and a Service/Revenue Plan. As part of Program EIR 90-01, a Mitigation Monitoring and Reporting Program (MMRP) was prepared to define implementation of the mitigation measures described in the Program EIR. The Otay Ranch GDP/SRP plans for ultimate development of the proposed project site. Olympic Parkway MND A portion of the site where the pit areas will be located has been previously graded as a soil borrow site for the construction of Olympic Parkway. As such, the environmental analysis (MND) for Olympic Parkway addressed the environmental effects associated with removal of land covers, and grading of the site. Issues addressed that are relevant to the proposed action included potential impacts associated with erosion, air quality, biological resources and cultural resources. Villal!:e Seven Sectional Planninl!: Area and Tentative Maps EIR Parking Lot C will be located within a portion of Village Four, southeast of Wolf Canyon (see Exhibit 3). The area designated as Parking Lot C has been approved to be graded as a borrow site, which includes a portion of La Media Road south of Birch Road, for the Village Seven SPA and associated Tentative Maps. Impacts associated with the borrow site was discussed in the Village Seven Sectional Planning Area Plan and Tentative Maps Final EIR 04-06 (Certified October 12, 2004). The primary issues addressed in the Village Seven Sectional Planning Area Plan and Tentative Maps Final EIR 04-06 relative to the borrow site included erosion/water quality/drainage, air quality, biological resources and cultural resources. D. COMPLIANCE WITH ZONING AND PLANS The project site is part of the Otay Ranch General Development Plan (GDP) and Resource Management Plan (RMP). The GDP and RMP were approved by the County of San Diego and the City of Chula Vista in October of 1993. The GDP identifies conceptual development, circulation and open space plans. It is contemplated that each Village of Otay Ranch will be developed in accordance with a Sectional Planning Area (SPA) Plan, which will outline specific development standards and regulations and will function in the same manner as zoning regulations. Current zoning for the site is Planned Community (PC). However, specific Planned Community District Regulations have not yet been adopted, and will be required as part of a future SPA plan t;-/? Page 6 of29 for Village Two. The proposed activities will be a conditionally permitted use within the PC zone subject to a CUP. Because the use is temporary, it will not require amendments to the Chula Vista General Plan, or the Otay Ranch GDP. E. IDENTIFICATION OF ENVIRONMENTAL EFFECTS The City of Chula Vista determined that the proposed project would have significant environmental effects. These effects have been mitigated. The preparation of an Environmental Impact Report would not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Aesthetics The proposed project would occur over two weekends and does not propose any permanent structures or improvements. The total area that would be used by the proposed event activities encompasses approximately 149 acres, of which 57 acres have already been graded as a soil borrow location for other development in Otay Ranch. Therefore, the project would result in minor grading and surface preparation of approximately 92 acres. Grading will be necessary to prepare the race track. Parking lot areas that have not been already graded as part of a previous approval have been mowed in conjunction with ongoing farming activities. Because these areas proposed for parking would still appear as harvested agricultural fields and would not be cleared of all vegetation, the,re would be little visual change for the parking lots. The project has been designed to conform to existing landforms, and therefore would not result in substantial landform alteration. The proposed activities would include temporary tent-like structures, shade canopies, and portable restroom facilities as well as parked vehicles that would be visible from some public and private vantages points primarily to the north and east. However, the majority of the temporary racetrack would not be visible from public roadways. Existing topography surrounding the temporary racetrack would obstruct most views of the racetrack from public roadways. Some nighttime security lighting would occur in limited areas within the race participant areas in the northern portion of the site. As previously mentioned, all race event activities would end by 10 p.m. Because the nighttime lighting would be temporary, occurring over two consecutive weekends, the proposed project would not permanently alter the aesthetic or visual character of the site or result in a new source of substantial light or glare. Therefore, the project is not anticipated to result in any significant impacts to aesthetics. Air Oualitv An air quality technical report was prepared for the project and is available at the City of Chula Vista for review. Vehicle traffic would be the main source of air emissions associated with the project. Other project related emissions would occur from grading activities during sitetpreparation and race vehicle emissions generated during race events. 9-/9 Page 7 of29 Site Preparation Phase Site preparation emissions would be generated from site preparation equipment exhaust and their transport to and from the site, dust generated by site preparation! grading, exhaust from cars and trucks of workers at the site (commute and non-commute), and exhaust from a diesel trucks used for watering. Site preparation is estimated to take 3 to 4 weeks, or at the pace of approximately 6.8 acres per day. The air quality model that was used in the Air Quality Technical Report assumed 22 days (the I month default in the program). The results are shown Table I, which gives the calculated emissions along with significance thresholds for each pollutant. Daily emissions assume that all tasks would be likely to occur simultaneously during some days of the site preparation period. As shown in Table 1, none of the calculated values would exceed the significance thresholds. Therefore, site preparation air quality impacts would be less than significant. Even though the calculated emission levels would not exceed existing thresholds, measures are required to further reduce potential fugitive dust impacts during site preparation to below significance (Section G). Race Event Phase The primary source of emissions created during the event would be automotive traffic from spectators, employees, support vehicles, and the race participants. From 10 to 12 vehicles are expected to participate in each race, and each race is expected to last 15 minutes. There would be 15 minute intervals between races, during which trucks would spray water to moisten the racetrack. Up to 40 races are expected to take place over of the four days of competition. In calculating emissions from the racing vehicles, an average speed of 65 mph was used, covering a maximum length of 16.5 miles in the 15 minutes allotted to each race. All portable generators greater than 50HP would have appropriate permits from the California Air Resource Board (CARE), therefore, these emissions are not included in this analysis. Table 2 shows the calculated emissions for the four day event in the month of September using the URBEMIS 2002 model and CARE's EMFAC 2002 emission factors. As shown in Table 2, project operation emissions will not exceed the City's daily significance thresholds and are not considered significant. In addition to measuring overall air quality effects, the analysis for the project examined localized carbon monoxide (CO) impacts. CO is the pollutant of major concern along roadways because the most notable sources of carbon monoxide are motor vehicles. For this reason carbon monoxide concentrations are usually indicative of the local air quality generated by a roadway network, and are used as an indicator of its impacts on local air quality. Local air quality impacts can be assessed by comparing future carbon monoxide levels with State and Federal carbon monoxide standards. Q-20 Page 8 of 29 As previously mentioned, the CORR may attract approximately 24,000 spectators. The two intersections along Olympic Parkway near the project were assumed to be at a level of service (LOS) C or below during peak arrival and departure times on the two weekends. Therefore, CO concentrations were modeled at existing sensitive receptors near the intersections of Heritage Road and Olympic Parkway, and La Media Road and Olympic Parkway. Both morning and afternoon CO concentration levels were measured and modeled at these intersections. For the morning scenario, the highest calculated concentration of CO was 10.7 parts per million (ppm) at the comer of Heritage Road and Olympic Parkway. When added to the background of 5.3 pp, the highest concentration from the events phase would be 16 ppm. In the afternoon scenario, a maximum concentration of CO was 1.2 ppm at the comer of La Media road and Olympic Parkway. When added to the CO background, this yields 6.5 ppm. Factors included in these calculations include temperature, travel speeds, traffic volume, meteorology, peak arrival and departure times and wind speed. Thus, both the morning and afternoon peak travel times would result in CO levels well below the State standard of 20 ppm and Federal standard of 35 ppm. Therefore, CO levels due to racetrack operations would be less than significant. Although the calculated emissions levels would not violate existing standards, measures are provided in Section G to further reduce fugitive dust and emission levels. Post Race Event Phase Once the operation phase of the project has been completed, emissions would be generated from the transport of any contaminated soil (i.e., oil and gasoline from on-site vehicles) from the project site to appropriate disposal locations approved by local, state, and federal agencies. If required for site cleanup, it is anticipated that soil would be transported off-site. In addition, after the racing event is completed, the disturbed areas of the site would be hydro seeded to stabilize slopes and reduce runoff during the rainy season. The activities involved with hydroseeding include one truck traveling to the project site and spraying the hydroseed mix onto the effected areas. Hence, one additional truck would be traveling to and from the project site, post project operation. The quantity of trucks traveling to and from the project and amount of soil being disturbed during the post-operation phase is anticipated to be less than what would be generated during the site preparation phase and therefore, post-operation emissions are anticipated to be less than significant. No mitigation measures are required. Ae:ricultural Resources Historically, the project area was used for dry farming, as well as cattle and sheep grazing. Crop production was limited to hay and grains (typically barley) due to limited water availability. Portions of the property that have not been disturbed by existing grading (soil borrow) or historical use as the ranch headquarters are actively tilled. The project area does not contain designated Prime Farmland, Farmland of Statewide Importance or Unique Farmland (United States Department of Agriculture, Soil Conservation Service, California Department of CJ-2/ Page 9 of 29 Agriculture). The site has been locally designated as Farmland of Local Importance and is identified as Grazing Land. No land within the project area is subject to the Williamson Act. According to the current vegetation mapping, approximately 74 acres of agricultural land would be included within the areas proposed for grading and use for the proposed project. Grading of agricultural resources would occur for areas designated as the temporary racetrack and pit areas. For areas designated as parking lots, existing agricultural fields have been mowed in conjunction with ongoing harvesting activities such that roots and approximately one inch of vegetation would remain intact to stabilize the soil. Site preparation and the one-time race event would not preclude future continuation of agricultural operations. Grading will not result in substantial removal or alteration of soils suitable for agricultural use. Therefore, implementation of the proj ect would not preclude future ongoing agricultural use of the site, and there would be no impacts to agricultural uses on the site. Biolol!ical Resources Evaluation of biological resources is based on the Biological Resources Report and Impact Assessment for Otay Ranch Villages Two and Three, as well as supplemental field verification performed on May 25, 2005 for the proposed project. The field verification consisted of a pedestrian walk-over ofthe site to visually verify existing site conditions. The proposed activities would take place within areas that are mapped as developed, agriculture, and ruderal habitat (see Table 3). No sensitive habitats or species are within the proposed disturbance area of the project (Exhibit 4). The project would not result in any direct impacts to sensitive biological resources, including sensitive habitats or species. The entire project area has been subject to ongoing disturbance from approved grading, historic development and agricultural uses. These land cover types are not considered sensitive under the Otay Ranch RMP or the City of Chula Vista Multiple Species Conservation Program Subarea Plan. Therefore, the project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations. The proj ect site does not support species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDFG) or U.S. Fish and Wildlife Service (USFWS). The project site may offer some foraging habitat for raptors. Although the project would potentially disturb foraging habitat, the proposed use is temporary and would not significantly impact foraging rap tors over the long-term. In addition, the portion of the site designated for parking has been mowed in conjunction with ongoing agricultural activities, and regeneration of vegetation in those areas could occur. Therefore, the project would not result in direct significant impacts to sensitive habitats or species. 1-22- Page 10 of29 The wetland delineation performed for the Villages Two and Three Biological Resources Report did not identify any of the drainages within the project disturbance area as jurisdictional waters of the United States under the jurisdiction of the Army Corps of Engineers or waters of the State under the jurisdiction of the CDFG. Therefore, the project would not have any direct substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. The project site does not support movement of any native resident or migratory fish or wildlife species, nor is it part of any identified wildlife corridors. Therefore, the project would not result in impacts to wildlife movement. The proposed race event area is included in areas covered by the Otay Ranch GDP and RMP. The RMP identifies Preserve areas within Otay Ranch, and contains policies regarding species and habitat conservation, requirements for conveyance of Preserve land, long-term management of the Preserve, and funding for management. In addition to the GDP/RMP for Otay Ranch, the municipalities of southern San Diego County collaborated in producing the MSCP Subregional Plan. The MSCP Subregional Plan is implemented through individual Subarea Plans adopted by each jurisdiction receiving take authorization for covered species. The City of Chula Vista approved their Subarea Plan in 2003, and take authorization was issued in January 2005. The Chula Vista Subarea Plan provides for conservation of upland habitats and species through preserve design, regulation of impacts and uses, and management of the preserve. The project is outside of the designated Preserve areas of both the RMP and the MSCP Subarea Plan. In order to minimize edge effects to the Preserve, adjacency requirements and guidelines have been included in the Subarea Plan. All new developments are required to adhere to these guidelines. Although the CORR event is not a development project, adjacency guidelines are considered for this one-time temporary event. These guidelines fall into the following main categories: drainage, toxic substances, noise, lighting, and invasive species. The project site preparation and uses have the potential to result in indirect impacts associated with dust and erosion/deposition, and runoff into offsite areas containing sensitive biological resources. As described under Hydrology and Water Quality, all project runoff, including from the racetrack, spectator area and parking lots, would drain into one of three desilt basins. In addition, BMPs would be implemented during site preparation, operation of the race and post operation to mitigate potential impacts associated with urban runoff into sensitive habitat areas. In addition, as described under Hazards and Hazardous Material, BMPs would be implemented during all phases of the proj ect to mitigate for potential impacts associated with hazardous waste/toxins entering drainages. These BMPs would be specified in the SWPPP that would be prepared for City review and approval. These measures would reduce dust and runoff effects on offsite areas to less than significant levels. CORR would involve the use, transport, storage, handling and disposal of toxic substances such as gasoline and other automotive fluids. Use of these substances would occur for a short duration of time for this one-time racing event. No use of these substances would occur in the MSCP Preserve, which is located over 100 feet from the edge of the racetrack and over 500 feet from the pit area. As discussed under the Hazards and Hazardous Materials section, BMPs would be implemented during all phases of the project to mitigate for potential impacts 1-23 Page 11 of29 associated with hazardous waste/toxins entering drainages. These BMPs would be specified in the SWPPP that would be prepared for City review and approval. Noise resulting from project related activities could have the potential to disrupt breeding activities of the coastal California gnatcatcher. However, the site preparation activities and the CORR events would occur outside of the breeding season forthis species (February 15 through August 15). In addition, the nearest known coastal California gnatcatchers were detected over 500 feet away to the west on the Otay Landfill and in the northwestern portion of Village Two. Therefore, indirect biological impacts associated with noise would be less than significant. Temporary lighting associated with the CORR event would be limited to the pit area and spectator area. The evening lighting would be necessary for the post race event activities such as the award ceremony and entertainment. All CORR activities would conclude by 10 p.m. No nighttime lighting is proposed with the exception of limited lighting for security in the northern portion of the site. No post-operation lighting would occur. Because nighttime lighting would be required for a short duration of time (two weekends) until 10 pm in the evening, no indirect lighting impacts are anticipated. In addition, lighted areas are located over 500 feet away from the Preserve. Less than significant indirect lighting impacts are anticipated. To ensure that no adverse effects associated with invasive plant species occur, the hydroseed plant mix would contain native plant species. The hydroseed mix would be applied as a post- construction BMP to prevent erosion on created slopes within the project area. Post-construction BMPs would be described in the SWPPP that would be prepared for City review and approval. With the application of these avoidance measures and BMPs, no significant impact related to invasive species would result. As previously discussed, the project does not contain biological resources that are considered sensitive, or that would contribute to conservation of species that are covered under the Subarea Plan. Therefore, implementation of the proposed temporary uses would not result in any conflicts with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Cultural Resources Archaeological investigations have been conducted on the project site. Three archaeological sites have been recorded within the project impact area: SDI-ll,294H; SDI-12,289; and SDI- 16,679. Two of these sites, SDI-12,289 and SDI-16,679, were identified as small prehistoric camps. These two sites were subjected to testing and evaluation programs and determined not to be significant. The third site, SDI-ll,294H, is the location of the Otay Ranch Farm Complex. This historic site was subjected to a data recovery investigation. The investigations of the historic site resulted in the mitigation of impacts to the site from proposed development of the Village Two SPA Plan. No further investigations were required for the historic site. The proposed project would impact these three recorded sites, however, since the resources at these sites were determined not to be significant, the project would not result in a substantial adverse change in the significance of archaeological or historic resources. Although no impacts 9-2'1 Page 12 of 29 to significant recorded archeological sites or historic resources would occur, the potential to encounter buried resources exists. Any impacts to unknown buried cultural resources are considered significant. Measures to reduce potential impacts to unknown buried cultural resources to less than significant are provided in Section G and include monitoring by a qualified archeologist during grading activities of the site preparation phase. Geologic formations underlying the project site include Otay Formation with accumulations of colluvial and alluvial deposits in the drainage course bottoms, the San Diego Formation, the Sweetwater Formation, Terrace Deposits and the Mission Valley Formation. The Otay, San Diego and Sweetwater Formations have high resource potential to bear paleontological resources, and the Terrace Deposits and Mission Valley Formation have moderate resource potential. Site preparation would involve grading for the temporary track. Maximum cut depth within graded areas would be 40 feet. Site preparation activities have the potential to encounter unknown buried paleontological resources. Potential impacts to such resources are considered significant. Measures to reduce potential impacts to unknown buried paleontological resources to less than significant are provided in Section G and include monitoring by a qualified paleontologist during grading activities for cut slopes. Investigations on the site did not reveal the potential for human remains to be present on the site; therefore, no impacts to such resources are anticipated. Geolol!v and Soils A preliminary geotechnical investigation performed on the project site indicates that no geotechnical hazards exist within the project vicinity that would have the potential to impact the proposed uses. Site preparation would have the potential to result in significant erosion impacts. Erosion control measures and erosion BMPs are identified in Section G under Hydrology and Water Quality, and would mitigate potential impacts resulting from erosion to less than significant. The erosion control measures and erosion BMPs would also be identified in the SWPPP that would be prepared for City review and approval. With implementation of the proposed mitigation measures during site preparation and operation, impacts resulting from potential soil erosion would be less than significant. Hazards and Hazardous Materials CORR would involve the transport, storage, and handling of hazardous materials (gasoline and engine fluids) associated with the proposed activities for a short duration of time. Potential impacts resulting from exposure to or leaks/spills of hazardous materials may occur; however, BMPs would be in place that would reduce potential impacts to less than significant. The BMPs would be identified in the SWPPP that would be prepared for City review and approval. These BMPs are identified as mitigation measures in Section G of this document and include features such as special drums that would serve as self-contained treatment for all runoff from maintenance bays (pit areas), vehicle and equipment wash areas, bathroom areas, and trash and material storage areas. The Vactor trucks would be used to remove runoff from the containment drums and the collected runoff would be disposed of in accordance with City standards. Hazardous materials would be placed in an enclosure that prevents contact with runoff or spillage to the storm water conveyance system. Storage, wash, and maintenance areas for race q-26 Page 13 of 29 vehicles and hazardous materials/waste, as well as restroom areas would be lined with an impervious material to contain leaks and spills and these areas would (where feasible) have a roof or awning to minimize direct precipitation within the secondary containment area. With implementation of the BMPs, project impacts related to hazardous materials would be less than significant. Hvdrolol!V and Water Quality The project would involve a number of activities that have the potential to result in potential impacts to hydrology and water quality. During site preparation, grading for the track would occur which may result in exposed soil and temporary stockpiling of soil. During race events, urban runoff from the improved site has the potential to contribute pollutants, including oil and grease, suspended solids, metals, gasoline, and pathogens to the receiving waters. Once the CORR event is complete, some portions of the site, including manufactured slopes, may be exposed and susceptible to erosion. Pollutants of concern associated with the proposed project are grouped into the following categories: Sediments (Total Suspended Solids - TSS): anticipated pollutant from racetrack and non-paved parking areas Metals: anticipated pollutant from pit service area, racetrack, vehicle wash area, and parking lots Oil and Grease: anticipated pollutant from pit service area, racetrack, vehicle wash area, and parking lots Trash, Debris & Floatables: anticipated pollutant from entire site (includes paper, plastic, food waste, etc.) Bacteria and Viruses: anticipated pollutant from restroom facility, trash storage areas, and food/beverage areas Organic Compounds and Oxygen-Demanding Substances: anticipated pollutant from pit service area, racetrack, vehicle wash area, parking lots, restroom facilities, and food/beverage areas In order to address these issues, features have been incorporated into the project design to minimize water quality impacts. The project has been designed to maintain a minimum distance of 100 feet to the MSCP Preserve (Exhibit 3). In addition, the racetrack has been designed such that runoff would drain into a treatment BMP and away from the MSCP Preserve and Wolf Canyon. With project design features, potential impacts to hydrology and water quality may still occur; however, BMPs would be implemented at each phase of the project to mitigate potential impacts to less than significant levels. The BMPs would be identified in the SWPPP and would be submitted for City review and approval. Preparation of a SWPPP to the satisfaction of the City Engineer is included in Section G as a mitigation measure to reduce potential impacts to water q-20 Page 14 of29 quality to less than significant. BMPs to be identified in the SWPPP may include, but are not limited to the following: desilt basins, special drwns for containment of waste, trash and hazardous materials and silt fencing/sand bags. Because of the scope of activities proposed and the short duration of the proposed project, the CORR events would not have the ability to substantially alter the flow of surface or groundwater. In addition, the project would not involve pumping of groundwater and would therefore not result in the possibility of depletion of groundwater supplies. The project site is not within a 100-year flood plain and does not propose construction of permanent structures. The project would not directly discharge to an existing storm drain system and would not alter any drainage pattern. Therefore, no impact upon storm water conveyance capacities would occur. Land Use/Planninl!: The proposed project would not permanently alter land use or propose any changes to existing or planned uses. Although the proposed project site is ultimately planned for development, the proposed use is a one-time event and would not preclude the return ofthe site to its existing uses. Therefore, the project would not divide an established community or conflict with any land use plans or policies adopted for the purposes of avoiding or mitigating an environmental effect. The project would also be consistent with the City of Chula Vista MSCP Subarea Plan, as it is located within a 100% development area of a Covered Project. Therefore, the project would not result in any impacts to land use and planning. Mineral Resources No locally-important mineral resources are located within the project site. Further, the project would not involve extensive excavation or earthwork (including import or export of materials) that would have the potential to result in a loss of resources. Therefore, no impacts to mineral resources are anticipated. Noise An Acoustical Analysis was prepared for the project. Vehicles traveling to and from the project site are anticipated to be the main source of noise associated with the project. Applicable Standards The City of Chula Vista Noise Ordinance restricts times of construction activities from 7:00 a.m. to 7:00 p.m., Monday through Saturday, and prohibits construction on Sundays and holidays. Furthermore, the noise levels from construction activities to residential receptors are not to exceed 75 dB, averaged over a 12~hour period. Fixed source and/or operational noise is also governed by the City of Chula Vista Noise Ordinance (Municipal Code Section 19.68). Specifically, Code 19.68.030 Exterior noise limits designates maximum noise levels for several land use categories. The exterior noise limit 9-27 Page 15 of29 provided for all residential (except multifamily dwelling uses) is 55 dB(A), whereas, the noise level for multi-family residential dwelling units is designated at 60 dB(A). These noise levels apply from 7:00 a.m. to 10:00 p.m. on the weekdays and 8:00 a.m. to 10:00 p.m. on weekends. However, the proposed project is classified as a temporary outdoor gathering, and as such is considered to be exempt from the provisions of the Ordinance, pursuant to Section 19.60.060 (B). Site Preparation Phase Site preparation noise would be generated by diesel engine driven equipment, which are anticipated to be used for site preparation and grading. Additional noise would be generated by typical site preparation activities, such as the use of power equipment. Noise levels during this phase would widely range as a function of the equipment used and the activity level. Earth- moving equipment may produce temporary noise levels ranging from 75 to 90 dB CNEL at a distance of 50 feet from the equipment for short periods during site preparation and grading. Site preparation noise sources are not strictly related to a noise standard because they occur only during selected times, and source strength varies sharply with time. The penalty associated with noise disturbance during quiet hours and the nuisance factor accompanying such disturbance usually leads to time limits on grading activities imposed as conditions on grading permits. The hours from 7:00 a.m. to 7:00 p.m. from Monday through Saturday have been identified in the City of Chula Vista Noise Ordinance as mitigating construction activity noise impacts to the extent feasible. Limitations on site preparation activities are considered to mitigate short-term noise impacts to less than significant levels. No additional mitigation measures are provided. Race Event Phase Several activities associated with the race event would contribute to the overall acoustic impact of the project, including: generators for power; spectator passenger vehicles; paddock and pre- race staging traffic; actual racing; loudspeaker announcements and after race events. Spectators would typically arrive along Olympic Parkway and Telegraph Canyon Road. Other local roads that would provide direct access to the site are La Media Road, Heritage Road, and Birch Road. Driving conditions and traffic control measures would result in spectator vehicle speeds being relatively slow, approximately within the 5 to 15 mph range, and therefore sound levels would be considerably below ambient levels and would not be perceptible at the sensitive receptor locations. Sensitive receptors that have the potential to receive noise from the site include residential development to the north of the project site, across Olympic Parkway (Village One), and residential development to east of the project site across La Media Road (Village Six). Existing weekend morning noise measurements at the sensitive receptors consist of62.1 dB(A) at Village One (which has a direct line of site to a portion of the proposed track and Olympic Parkway); and 54.7 dB(A) at Village Six (which does not have a direct line of site to the track or Olympic Parkway). There was no traffic along La Media or Birch at the time of measurement. 9-22 Page 16 of29 Single car sounds at 50 feet from the source are reported to be 100dB. This noise level is monitored by CORR. The "race start sounds" at 50 feet from the source are reported as 113dB. , Using standard spherical spreading for a point source, the distance to specific noise levels was calculated. With individual vehicles producing 100dB at 50 feet, five vehicles would produce 107 dB. Using 107 dB at 50 feet from the track, it is predicted that neighboring residents could be exposed to noise levels up to 75 dB. This analysis assumes direct line of sight to the track. It does not consider existing structures or terrain features such as open earth, topography and trees as potential noise limiting sources. Noise levels also decay with distance. The potential for any specific receiver to be exposed to noise from a race event will depend upon its particular configuration relative to the race site. In addition to noise generated from racing activities, post race events such as commentators on loud speakers and mini concerts would be held at the project site until sunset. Due to the distance of the residential units to the site, the sound attenuation that is already in place along properties exposed to Olympic Parkway and La Media Road, and the hours of activities, impacts would be less than significant. Chapter 19.68 of the City of Chula Vista Municipal Code provides the performance standards and noise control regulations in the City. Section 19.68.060 exempts: . . . occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided the events are conducted pursuant to a permit or license issued by the city relative to the staging of the events. As previously noted, the race event would only occur for four days (two weekends). It is not a regularly scheduled activity and wiI1 not occur at this location again. The noise generated will be intermittent in that races would not occur continuously. It is a sporting and entertainment event, and therefore is not covered by the noise control ordinance. While the noise generated by the proposed project may exceed established levels provided by Code 19.68, it would represent a one-time annoyance depending upon the number of events, the time between events, the time the events occur, the distance to the event and line of sight to the event. Because it is classified as a temporary outdoor gathering and is exempt from the provisions ofthe Noise Ordinance, would potentially result in elevated noise levels intermittently over four days, it is not considered a significant noise impact. Post Race Event Phase Noise generated from the post race event phase would be limited to clean up activities such as the removal of trash, and hazards materials or waste. In addition to clean up activities, hydro seeding would occur to constructed slopes and other disturbed areas within the project site. These activities would require the use of a couple of trucks traveling to and from the project site. These truck trips would be less than those generated during the site preparation phase and would not be significant noise sources. Clean-up and hydro seeding activities would be short-term in nature and are not considered significant. Therefore, impacts would be less than significant. c; -2 '7 Page 17 of29 PODulation and Housin!!: The proposed project would not change land uses or propose activities' that would affect population or housing growth. Public Services The proposed project would not involve changing land uses that would result in increased permanent demand for public services personnel, equipment and facilities or result in changes in service levels. The proposed proj ect has the potential to result in hazards associated with accidents during the race events and therefore creates a temporary increase in demand for police and fire services. The closest fire station that would respond to an incident at the project site is located at 1640 Santa Venetia, approximately one-half mile to the east. In order to reduce impacts associated with accidents, security and safety, measures included in Section G of this document would mitigate potential impacts to less than significant. Recreation The proposed project would not involve changing land uses that would result in increased demand for recreational facilities or services. TransDortation/Traffic It is estimated that approximately 9,600 vehicles per day of the event would access the site, via Olympic Parkway and La Media Road. It is not anticipated that the additional traffic associated with the event would result in unacceptable levels of service on any affected roadway. However, there is the potential for localized congestion at ingress and egress points of the project and parking impacts on City roadways during the two weekends that the CORR event would be held. To avoid potential for significant impacts, a traffic control plan would be prepared in accordance with City guidelines by the project applicant and submitted to the City of Chula Vista Engineering for review and approval prior to issuance of the CUP. The preparation of a traffic control plan would mitigate potential impacts to circulation and parking to less than significant. Elements of the traffic control plan would include, but not limited to, a description of the signage, striping, delineate detours, flagging operations and any other devices which would be used during events to guide motorists safely to ingress locations from public roadways. The traffic control plan would also include provisions for coordinating with local emergency service providers regarding event times and measures for bicycle lane safety. The Traffic Control Plan would ensure that access and traffic flow would be maintained, and that emergency access would not be restricted. Additionally, the Plan would ensure that congestion and delay of traffic resulting from the event are not substantially increased and would be of a short-term nature. Utilities and Service Systems The proposed project would not involve changing land uses or activities that would result in increased demand for utilities. Because the project would be a one-time event, no permanent 9-30 Page 18 of29 utilities would be constructed. Generators would provide power for lighting and electricity. Portable restrooms and water would also be brought in for use during the CORR. Thresholds The project would not result in any of the identified growth management thresholds falling below acceptable levels, as indicated in the discussion of public services, traffic and utilities and services. F. PUBLIC COMMENTS On May 20, 2005, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the proposed project site. The notice period ended June 2, 2005. No written comments were received in response to the Notice of Initial Study. On June 29. 2005. a Notice of Availabilitv was posted. No written comments were received during the 30-dav public review period. G. MITGATION NECESSARY TO AVOID SIGNIFICANT IMPACTS Project-specific mitigation measures are required to reduce potential environmental impacts identified in this Mitigated Negative Declaration to a less than significant level. These mitigation measures are listed below and included in the Mitigation Monitoring and Reporting Program (MMRP) included as Attachment A to this MND. Air Qualitv 1. Prior to approval of any grading permit, the following measures shall be placed as notes on all grading plans and implemented during grading of each phase of the project: . Workers shall perform excavation, grading, materials handling, and hauling in compliance with SDAPCD Regulation 4, Rules 52 and 54 regarding fugitive dust for Control of Fine Particulate Matter (PMIO). Specific measures to be included in construction specifications shall address the maintenance of adequate moisture content in soils to be excavated and transported; the stabilization of exposed graded areas; the cleaning of paved roads to be used as haul roads; paving or alternate treatment of unpaved roads considered for haul roads; and prevention of soil track -out from construction areas onto paved roads. . Low emission mobile construction equipment shall be used, where feasible. . The construction contractors shall obtain applicable air quality permits for any portable or stationary internal combustion engine subject to SDAPCD permit requirements. 9-3/ Page 19 of29 · To reduce fugitive dust, the graded area, the temporary stockpile material, and the unpaved roads shall be watered twice a day to reduce PMlO levels. A stockpile permit from APeD is already in place for the site. · Truck speeds on unpaved roads shall not exceed 15 miles per hour. · All trucks hauling materials subject to wind dispersal shall be watered and covered. · All disturbed soil areas not subject to re-vegetation shall be stabilized with approved nontoxic soil binders, jute netting, or other methods, as appropriate. · Idling time of trucks and other construction equipment shall be minimized. · Groundcover on the construction site shall be re-established through seeding and watering on those portions of the site that will not be disturbed for lengthy periods (such as two months or more). · The streets shall be swept immediately when silt is carried over to adjacent public thoroughfares. · Grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph. · Construction equipment engmes shall be maintained by keeping them properly tuned. · Low sulfur fuel shall be used for stationary construction equipment. · Existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators shall be used, whenever feasible. · The short and long tracks shall be watered by four trucks during each 15- minute rest period. · All parking lots shall be mowed such that roots of the vegetation remain intact in order to provide soil stabilization. · Parking lots and other areas with exposed dirt shall be watered to minimize fugitive dust, as necessary. Cultural and Paleontolol!ical Resources 2. Prior to approval of the grading pennit, the Applicant shall incorporate into grading plans, to the satisfaction of the City Engineer and Environmental Review Coordinator, the following: q-32 Page 20 of 29 . Construction monitoring shall be conducted by a qualified archeologist during grading activities. The monitoring shall be performed to determine if there is likelihood for buried cultural resources (i.e., hearths) to be present. In the event buried resources are encountered, grading shall be temporarily halted or redirected to another area while the nature of the discovery is evaluated. Resources that are encountered shall be tested to determine if the resource is significant. If testing determines the resource is significant, then a data recovery program shall be developed to mitigate impacts resulting from grading. . Prior to approval of the grading permit, the applicant shall confirm to the City of Chula Vista that a qualified paleontologist has been retained to carry out the following mitigation program. (A qualified paleontologist is defined as an individual with a M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.) The paleontologist shall attend pregrade meetings to consult with grading and excavation contractors. . During grading operations, a paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of highly sensitive geologic formations (i.e., Otay Formation) to inspect cuts for contained fossils. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) The paleontological monitor shall work under the direction of a qualified paleontologist. The monitor shall inspect original cuts in deposits with unknown resource sensitivity (alluvium). . In the event that fossils are discovered in unknown sensitive formations, it may be necessary to increase the per-day field monitoring time. Conversely, if fossils are not discovered, the monitoring effort may be reduced. . When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In instances where recovery requires an extended salvage time, the paleontologist (or paleontological monitor) shall be allowed to direct, divert, or halt grading to allow recovery of fossil remains. Where deemed appropriate by the paleontologist (or paleontological monitor), a screen washing operation for small fossil remains shall be set up. . Prepared fossils, along with copies of all pertinent field notes, photographs, and maps, shall be deposited in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed which outlines the results of the mitigation program. This report shall include discussion of the methods used, stratigraphy exposed, fossils collected, and significance of recovered fossils. Geolol!V and Soils 3. Prior to approval of the grading permit, the applicant shall prepare a SWPPP to the satisfaction of the City Engineer. The grading plans shall incorporate, to the satisfaction 9'-33 Page 21 of29 of the City Engineer, erosion control measures and erosion BMPs as identified in the SWPPP. Hazards and Hazardous Materials 4. Prior to approval of the grading permit, the applicant shall prepare a SWPPP to the satisfaction of the City Engineer. The grading plans shall incorporate, to the satisfaction ofthe City Engineer, containment area BMPs as identified in the SWPPP. Hvdrolol!V and Water Ouality 5. Prior to approval of the grading permit, the applicant shall prepare a SWPPP to the satisfaction of the City Engineer. The grading plans shall incorporate, to the satisfaction of the City Engineer, erosion control measures and erosion BMPs as identified in the SWPPP. Public Services 6. Prior to approval of the grading permit, the project applicant shall prepare a security plan to be approved by the Chula Vista Police Chief prior to the start of the CORR events. The security plan shall detail, among other items, the number of security personnel provided, general distribution of security throughout the race event, and number of uniformed Chula Vista police staff required. 7. Prior to approval of the grading plan, the project applicant shall prepare a medical plan to be approved by the Chula Vista Fire Chief prior to the start of the CORR events. The medical plan shall detail, among other items, the variety of emergency medical services that can be provided by the contract emergency medical company, chain of communication between event sponsor and medical staff, number of ambulances present onsite and the number of uniformed Chula Vista Fire Department staff needed onsite. 8. Prior to the approval of the grading plan, perimeter fencing will be shown around the entire site on all plans, to the satisfaction of the City Engineer. Security personnel posted shall be posted at all access points throughout the event. 9. Grandstands will be protected by 10,000 pound concrete barriers along the entire frontage of the grandstand area. In addition, a 10 foot high catch fence with steel cables will run the entire length of the grandstand area. 10. The track will be situated 8 feet below the concrete barriers II. In accordance with the approved medical plan, emergency medical equipment and personnel and ambulance will be present during the term of the race event. 12. In accordance with the approved security plan, both uniformed police and private security personnel will be stationed onsite and offsite, as needed. q -~tf Page 22 of 29 Transportation/Traffic 13. Prior to issuance of the grading permit, a traffic control plan shall be prepared in accordance with City guidelines to the satisfaction of the Police Chief and City Engineer. Elements of the traffic control plan will include, but not limited to, a description of the signage, striping, delineate detours, flagging operations and any other devices which will be used during events to guide motorists safely to ingress locations from public roadways. The traffic control plan will also include provisions for coordinating with local emergency service providers regarding event times and measures for bicycle lane safety. The Traffic Control Plan will ensure that access and traffic flow will be maintained, and that emergency access will not be restricted. required as stated ill this Section G of this Date: 6/29/05 G. CONSULTATION City of Chula Vista Marilyn Ponseggi, Environmental Review Coordinator Marni Borg, Environmental Projects Manager Dino Serafini, Civil Engineer Jamal Naji, Assistant Civil Engineer, Land Development Khosro Aminpour, Civil Engineer, Land Development David Marshall, Police Department Richard Coulson, Police Department Don Redmond, Police Department Doug Perry, Fire Department Kirk Ammerman, Public Works Rick Rosaler, Principal Planner, Planning Department Harold Phelps, Associate Planner, Planning Department Applicant's Al!:ents Dudek and Associates, Joe Monaco, Myloc Nguyen and Elizabeth Candela Hunsaker & Associates, Eric Mosolgo Geocon, Inc., Nathan Ash Brian F. Smith and Associates, Brian Smith Doctor Decibel, Charles Kulmann Aerocorp, Joe Catalano 1-35 Page 23 of 29 Applicant and Applicant Representatives James P. Baldwin, Applicant Ranie Hunter, Applicant Representative Documents · Otay Ranch General Development Plan/Subregional Plan Program EIR (Program EIR 90-0 I), October, 1993. · Otay Ranch Village 2 Racetrack Archaeological Review Letter, Brian F. Smith and Associates, May, 2005 . Otay Ranch Village 2 East Racetrack, Chula Vista California, Review of Geotechnical Conditions, Geocon, May, 2005. · Acoustical Analysis Championship Off Road Racing (CaRR) Event, Doctor Decibel, May,2005 · Biological Resources Report and Impact Assessment for Otay Ranch Villages Two and Three, Dudek and Associates, March, 2005 · Air Quality Assessment for the Proposed Otay Ranch Racetrack, Aerocomp, June, 2005 H. ENVIRONMENTAL DETERMINATION I find that although the proposed proj ect could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described in this document and the MMRP (Attachment A) have been added to the project or agreed to by the Applicant prior to release of this document for public review. Such mitigation measures will avoid or reduce the environmental effects of the proposed project to below significance. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the Guidelines for the California Environmental Quality Act (CEQA) as amended January 2005. This report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. /r;~.1 t?~~. Marilyn R. F. Ponseggi Environmental Review Coordinator Date: 7/e{'Ij,,~ 1-30 Page 24 of 29 Orange County !IV: Riverside County Fallbrook Camp Pendleton DelMar A- El- I, /i }i II )\,. c..::.J1' }' Alpine ,~.:~r1... San Diego <t, ~i{"'-'::;;'-" Imperial Beach II Chula (~ Vlst~ - Otay Mesa o 4 ,Miles 8 ~ Tijuana Mexico Conditional Use Permit for Championship Off-Road Race I ""OB" I 9-37 Regional Map 1 '. " "' .. u III =. E - iti ... III ~ f ~ "\ C OS ... I: "' ~ .. 'E 1II ~ U " ~ G> "' 0 'll II N I '" Cl.. ~ ~ c:::2: -c ~~ c:: .- ~ .5 -- C,,) 0,- ,9- :> ..e: '" c: Q . is.. E "" ..e: U ....-----~ \: ,~,j , l-'-' [ -- ::.//"'.~;\ .,~\{, " ~,. ~ (1) .~'>-.M :', '~>~ E \!~,.........,.,J \ s: ':" ' .f \\_____;> 'u - \ ~ ..1\ .'. \ :~ ~ 11.= \ ellII ' ,.'.!l ,.., z.. \.' ,!Q '"' Q z'" \ > o z zi1J'.!ll S ~~ _~,M '~/ 1'- //-c t~ III [lJi , j.[~,. ~- \,- H- II " .....~..... D ;/ w JfCf"i!J. ,'. ,~ \' .... Q -- - 'E .... '" Co. '" '" ;:) "" c: Q '';:: '5 c: Q U ~%. '<; , 1 \ I \ I 'I ," ") ,......, ~~ I '...... I ,_..... I ~ ,..", " "'"..U/lllITSOFDISTURBANCE\ \. . - c"":. (23.2 ACRESl \ \....",;) \ ,-.' . I' ........, , ,_......... I , , , t I / l ;/ , .:J ,..... , .,' I , \ " , ' . ~W^ ........ pA':.-" MPIC .' OLY ..~ .~.. .-' ~".. l .-.-, I ~... '......, " . I .~..., ;,... .,. ,#;t ~ M$:l:P P.RESE_R, VE , , BOUNDARY::-. , 'S ........... I '/.I , , L , , I" Ii \' ~ " ,....~,' , " I I SOURCE: Hunsaker & Associates; . . Mt2005 q-~9 .. \.......-.... ....' ,-.... .- ......... .- c[ , . . ..~~ ..' f~l' ~f\C 0.' OTAYRANCH HIGH SCHOOL I I I J .c 1 .~'" J BASE GRADING SOURCE: Hunsaker & Associates, May 2005 AGR ) / .// \' // I .\ '" I I J c. Biological Resources 9 -LfD TABLE 1 Estimated Daily Site Preparation Emissions Controlled in Comparison to South Coast Air Quality Management District (SCAQMD) California Environmental Quality Act (ECQA) Thresholds (Also Applied by the City of Chula Vista) Site preparation emissions SCAQMD CEQA significance threshold Threshold exceeded? 97,26 550 No 12,7 75 No 95.4 100 No o 150 No 72.4 150 No TABLE 2 Estimated Emissions from Project Operation Vehicular Traffic Race and su art vehicles Total 0 eration emissions SCAQMD Thresholds Threshold Exceeded _.:!1f~ ...,'( ::;rtf'"" CO ROG NOx PM10 SOx 434 33 58 127 0 78 3 6 13 0 512 36 64 140 0 550 75 100 150 150 No No No No No TABLE 3 Land Cover Types Non.Sensitive Vegetation Communities Agriculture Ruderal Developed Land 106,2 4.2 38,6 ~ro~~~~ .i!!.~} q-Lf! Page 29 of29 ATTACHMENT "A" Mitigation Monitoring Reporting Program IS-05-023 This Mitigation Monitoring Reporting Program (MMRP) is prepared for the City of Chula Vista in conjunction with the proposed Conditional Use Permit (CUP) for Temporary Championship Off-Road Race (IS-05-023). The proposed project has been evaluated in a Mitigated.Negative Declaration (MND) prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored on Mitigated Negative Declarations, such as 1S-05-023. The Mitigation Monitoring Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Air Quality During site preparation, emissions would be generated from site preparation equipment exhaust and their transport to and from the site, dust generated by site preparation/grading for the temporary racetrack, exhaust from cars and trucks of workers at the site (commute and non- commute), and exhaust from a diesel trucks used for watering. Based on air quality modeling conducted for the project site preparation phase, calculations of air emissions were determined to be below significance thresholds. During race events, the primary source of emissions created by the proj ect would be automotive traffic from spectators, employees, support vehicles, and the race participants. Air quality modeling conducted for the race event phase was determined to below significance thresholds. Although calculations of air emissions generated during the site preparation and race event phase were determined to be below significance thresholds, project features that further reduce fugitive dust emissions have been required as mitigation measures to ensure implementation and are included in this MMRP. 2. Cultural and Paleontological Resources The proposed project would impact three recorded sites; however, the resources at these sites were determined not to be significant. Although no impacts to significant recorded archeological sites or historic resources will occur, the potential to encounter other buried resources exists. In addition, grading of the project site would impact Otay, San Diego and Sweetwater Formations, which have high resource potential to bear paleontological resources, and the Terrace Deposits and Mission Valley Formation, which have moderate resource potential. Any impacts to unknown buried cultural and paleontological resources are considered 9-!.j2 I significant. Measures to reduce potential impacts to unknown buried cultural and paleontological resources to less than significant are provided in this MMRP. 3. Geology and Soils The proposed project has the potential to result in significant erosion impacts during the site preparation phase, race event phase and the post-event phase. Erosion control Best Management Practices (BMPs) identified in the Storm Water Pollution Prevention Plan (SWPPP)would mitigate potential impacts resulting from erosion to less than significant. The BMPs would be identified in the SWPPP, and preparation of a SWPPP to the satisfaction ofthe City Engineer is a required mitigation measure included in this MMRP. 4. Hazards and Hazardous Materials The proposed project has the potential to result in significant impacts associated with leaks/spills of hazardous materials/waste into sensitive habitat areas. Implementation of BMPs during all phases of the project would mitigate potential impacts associated with hazardous materials/waste to less than significant. The BMPs would be identified in the SWPPP, and preparation of a SWPPP to the satisfaction of the City Engineer is a required mitigation measure included in this MMRP. 5. Hydrology and Water Quality The project would involve a nwnber of activities that have the potential to result in impacts to hydrology and water quality. During site preparation, grading for the track would occur which may result in exposed soil and temporary stockpiling of soil. During race events, urban runoff from the improved site has the potential to contribute pollutants, including oil and grease, suspended solids, metals, gasoline, and pathogens to the receiving waters. Once the CORR event is complete, some portions of the site, including manufactured slopes, may be exposed and susceptible to erosion. BMPs would be implemented at each phase of the project to mitigate potential impacts to less than significant levels. The BMPs would be identified in the SWPPP. Preparation of a SWPPP to the satisfaction of the City Engineer is included as a mitigation measure in this MMRP to reduce potential impacts to water quality to less than significant. CJ-LjE 2 6. Public Services The proposed project has the potential to result in hazards associated with accidents during the race events and, therefore, creates a temporary increase in demand for police, emergency medical and fire services. Preparation of security and medical plans to the satisfaction of the City Police and Fire Chief would mitigate potential impacts to less than significant. 7. Transportation/Traffic There is the potential for localized congestion at ingress and egress points of the project and parking impacts on City roadways during the two weekends that the CaRR event would be held. To avoid potential for significant impacts, a traffic control plan would be prepared in accordance with City guidelines by the project applicant and submitted to the City of Chula Vista Engineering for review and approval. The preparation of a traffic control plan would mitigate potential impacts to circulation and parking to less than significant. Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator shall be the Environmental Review Coordinator for the City of Chula Vista. It shall be the responsibility of the applicant to ensure that the conditions of this MMRP are met to the satisfaction of the Environmental Review Coordinator. Evidence in written form confirming compliance with the mitigation measures specified in the Otay Ranch Conditional Use Permit for Temporary Championship Off-Road Race (IS-05-023) shall be provided by the applicant to the Environmental Review Coordinator. 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Addresses and Phone Number of Proponent: 610 West Ash Street Suite 1500 San Diego, CA 92101 4. Name of Proposal: Conditional Use Permit for Temporary Championship Off-Road Race 5. Date of Checklist: June 22, 2005 6. Case No. 15-05-023 c) Substantially degrade the existing visual character or quality of the srte and rts surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Comments: The proposed project will be limited in scope and duration, and involves only minor site preparation for the proposed dirt track, and parking, spectator and race-participant areas. While the proposed activities may be visible from some existing residential areas the use would be temporary and would not permanently alter the aesthetic or visual character 01 the site. ENVIRONMENTAL ANALYSIS QUESTIONS: ISSUES: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact D D ~ D D D ~ D D D D D ~ ~ D D 6129/2005 CJ-53 less Than Significant Potentially With less Than Significant Mitigation Significant Impact Incorporated Impact No Impact II. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project:: ISSUES: a) Convert Prime Farmland, Unique Farmland, or Farmland of 0 0 [8] 0 Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conllict with existing zoning for agricuUural use, or a Williamson 0 0 [8] 0 Act contract? c) Involve other changes in the exisling environment, which, 0 0 [8] 0 due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: The proposed project is not expected to interfere significantly with agricultural practices on the project site, due to the limited duration and scope of the project. Implementation of the project would not preclude future ongoing agricultural use of the site. III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air 0 0 [8] D quality pian? b) Violate any air quality standard or contribute substantially to an D D [8] D existing or projected air quality violation? c) ResuU In a cumulatively considerable net increase of any criteria D D [8] D pollutant for which the project region Is non.attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant D [8] D D concentrations? e) Create objectionable odors affecting a substantial number of D D [8] D people? Comments: Neither construction related activities nor operational aspects of the project were determined to exceed significance thresholds for air quality. Additional detail is provided in the Air Quality Assessment Report available at the City for review. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies. or regulations, or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensrrive natural community identified in local or regional plans, policies, regulations or by the Califomia Department of Fish and Game or U.S. Fish and Wiidlife Service? D D D [8] D D D [8] 6129/2005 2 Cj-6'f c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limtled to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery stles? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Q Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: The proposed activities would take place within areas that are mapped as developed, agriculture, and ruderal habitat. No sensitive habitats or species are within the proposed footprint of the project. Therefore, the project would not result in any direct impacts to sensitive biological resources. Potential indirect impacts to coastal California gnatcatcher, resulting from noise generated during the race event are avoided by conducting the race event outside of the breeding season for this species (February 15 through August 15). Therefore, impacts would be less than significant. ISSUES: Potentially Significant Impact o less Than Significant With Mitigation Incorporated o No Impact o less Than Significant Impact I2<;J o o o I2<;J o o I2<;J o o o I2<;J o V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of aD, I2<;J 0 0 historical resource as defined in, ~ 15064.5? b) Cause a substantial adverse change in the significance of an 0 I2<;J 0 0 archaeological resource pursuant to ~ 15064.5? c) Directly or indirectly destroy a unique paleontological resource 0 I2<;J 0 0 or stle or unique geologic feature? d) Disturb any human remains, including those interred outside of 0 0 0 I2<;J formal cemeteries? Comments: The proposed project will impact three recorded cultural resources sites; however, since the resources at these sites were determined not to be significant, the project would not result in a substantial adverse change in the significance of archaeological or historic resources. Although no impacts to significant recorded archeological sites or historic resources would occur, the potential to encounter buried resources exists. Any impacts to unknown buried cultural resources are considered significant. Measures to reduce potential impacts to unknown buried cultural resources to less than significant include monitoring by a qualified archeologist during grading activities of the site preparation phase. Geologic formations underlying the project site include Olay Formation with accumulations of colluvial and alluvial depostis in the drainage course bottoms, the San Diego Formation, the Sweetwater Formation, Terrace Deposits and the Mission Valley Formation. The Olay, San Diego and Sweetwater Formations have high resource potential to bear paleontological resources, and the Terrace Deposits and Mission Valley Formation have moderate resource potential. Site preparation would involve grading for the temporary track. Maximum cut depth within graded areas would be 40 feet. Site preparation activities have the potential to encounter unknown buried paleontological resources. Potential impacts to such resources are considered significant. However, measures to reduce potential impacts to unknown buried paleontologicai resources to less than significant include monitoring by a qualified paleontologist during grading activities for cut slopes. Investigations on the site did not reveal the potential for human remains to be present on the site; therefore, no impacts to such resources are anticipated. 612912005 3 9-55 ISSUES: VI. GEOLOGY AND SOILS n Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death invowing: i. Rupture of a known earthquake fault, as delineated on the 0 0 IZ:J 0 most recent Alquist.Priolo Earthquake Fau~ Zoning Map issued by the State Geoiogist for the area or based on other substantial evidence of a known fau~? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? 0 0 IZ:J 0 iii. Seismic.related ground faiiure, including liquefaction? 0 0 IZ:J 0 iv. Landslides? 0 0 ' IZ:J 0 b) Result in substantial soil erosion or the ioss of lopsoii? 0 IZ:J 0 0 c) Be located on a geologic unit or soil that is unstable, or that 0 0 IZ:J 0 would become unstable as a result of the project, and potentially resu~ in on- or off-SITe landslide, lateral spreading, subsidence, Iiquetaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the 0 0 IZ:J 0 Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of 0 0 0 IZ:J septic tanks or aiternative wastewater disposal systems where sewers are not available for the disposai of wastewater? Comments: A preliminary geotechnical investigation pertormed on the project site indicates that the no geotechnical hazards exist within the project vicinity that would have the potential to impact the proposed uses. Site preparation would have the potential to result in erosion impacts. Erosion control measures and erosion Best Management Practices are identified in Section VIII, as part of the Storm Water Pollution Prevention Pian (SWPPP). With implementation of the proposed measures, impacts would be less than significant. VII.. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident condITions invowing the reiease of hazardous materiais into the environment? c) EmIT hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter miie of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code section 65962.5 and, as a resu~, would IT create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miies of a public Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o IZ:J o o o IZ:J o o o o IZ:J o o o IZ:J o o o IZ:J o 6129/2005 4 q-0b Less Than Significant Potentially With Less Than ISSUES: Significant Mitigation Significant Impact Incorporated Impact No Impact airport or public use airport, would the project resu~ In a safety hazard for people residing or working in the project area? I) For a project within the vicinity of a private airstrip, would the 0 0 0 ~ project result In a safety hazard for people residing or working in the project area? g) Impair implementation of or physically intenere with an adopted 0 0 0 ~ emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, Injury or 0 0 0 ~ death invoMng wildland fires, Including wIlere wildlands are adjacent to urbanized areas or where residences are Intermixed with wildlands? Comments: The proposed project Includes features that are incorporated into the, project design that provide control over the use of hazardous materials (gasoline and engine fluids) associated with the proposed activities. Spec~lcally, all of the vehicle wash out and oil storage areas will be lined with impervious materials to prevent the release of fluids, All vehicle fluids will be collected and disposed of in accordance with the specifications contained in the SWPPP, outlined In Section Viii, below. Viii. HYDROLOGY AND WATER QUALITY. Would the project:: a) Resu~ In an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), resu~ in significant a~eration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or intenere substantially with groundwater recharge such that there would be a net deflC~ in aqu~er volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result In a potentially significant adverse impact on groundwater quality? c) Substantially a~er the existing drainage pattem of the site or area, Including through the a~eration of the course of a stream or river, In a manner, wIllch would resu~ in substantial erosion or siltation on. or off-s~e? d) Substantially a~er the existing drainage pattem of the s~e or area, Including through the a~eration of the course of a stream or river, substantially increase the rate or amount of sunace runoff in a manner wIlich would resu~ in flooding on- or off-s~e, or place structures within a 1IJO-year flood hazard area wIlich would impede or redirect flood flows? e) Expose people or structures to a significant risk of loss, injury or death invoMng flooding, including flooding as a resu~ of the failure of a levee or dam? I) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? o o ~ o o o o ~ o ~ o o o o o ~ o o o ~ o o o ~ 612912005 5 9-57 ISSUES: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: The proposed project is required to maintain a SWPPP, which will address specffic measures that will control erosion and water quality impacts through Best Management Practices (BMPs). Implementation 01 the proposed BMPs will result in potential impacts to water quality be reduced to less than significant levels. Because of the scope of activities proposed and the short duration of the proposed project, it would not have the ability to substantially alter the flow of surtace or groundwater. In addition, ' the project would not involve pumping of groundwater and would therefore not result in the possibility of depletion of groundwater supplies. The project site is not within a 100-year flood plain and does not propose construction of permanent structures. The project would not discharge to an existing storm drain system, and would therefore have no impact upon storm water conveyance capacities. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? 0 0 0 [8] b) Conflict with any applicable land use plan, policy, or regulation 0 0 0 [8] of an agency with jurisdiction over the project (including, but not Iimlled to the general plan, specifIC plan, local coastal program, or zoning ordinance) adopted tor the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural 0 0 0 [8] community conservation plan? Comments: The proposed project would not permanently alter land use or propose any changes to existing or planned uses. As such, the project would not divide an established community or conflict with any land use plans or policies adopted for the purposes of avoiding or mitigating an environmental effect. The project would also be consistent with the City of Chula Vista MSCP Subarea Plan, as it is located within a 100% development area of a Covered Project. Therefore, the project would not result in any impacts to land use and planning. X. MINERAL RESOURCES. Would the project: a) Resutt in the loss of availability of a known mineral resource that 0 0 0 [8] would be of value to the region and the residents of the state? b) Resutt in the loss of availability of a locally.important mineral 0 0 0 [8] resource recovery slle delineated on a local general plan, specific plan or other land use plan? Comments: No locally.important mineral resources are located within the project site. Further, the project would not involve extensive excavation or earthwork (including import or export of materials) that would have the potential to result in a loss of resources. Therefore, no impacts to mineral resources are anticipated. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess 0 0 [8] 0 of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome 0 0 [8] 0 vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the 0 0 0 [8] project vicinity above levels existing without the project? 6129/2005 9-5g 6 ISSUES: Potentially Significant Impact o Less Than Significant With Mitigation Incorporated o Less Than Significant Impact ~ No Impact o d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 1) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Comments: Construction noise would be generated by diesel engine driven construction equipment which is anticipated to be used for site preparation and grading. Additional noise would be generated by normal construction activities, such as the use of power equipment. Limitations on construction activity are considered to mitigate short.term noise impacts to less than significant levels. o o o ~ o o o ~ Noise associated with operation of the racing event would be exempt from the governing noise Ordinance, and therefore, the project would not violate any established standards. In addition, the project is not a permanent use, and would therefore not result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. The project is also not located in proximity to a public or private airport that would result in noise impacts on proposed uses. In consideration of ambient sound levels of approximately 70 dB and sound attenuation that is already in place in neighborhoods within Villages One and Six, it is likely that, although residents will still be able to discern the sounds of the race cars, the sound levels will not exceed the overall existing ambient level. Therefore, the project would not result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly 0 0 0 ~ (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating 0 0 0 ~ the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the 0 0 0 ~ construction of replacement housing elsewhere? Comments: The proposed project would not change land uses or propose activities that would affect population or housing growth. XIII. PUBLIC SERVICES. Would the project a) Resu~ in substantial adverse physical impacts associated with the provision of new or physically a~ered govemmental facilities, need for new or physically altered govemmental facilities, the construction of which could cause signifICant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services: 6/29/2005 q -!J'l 7 ISSUES: Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporated t8J t8J o o o Less Than Significant Impact o o o o o No Impact o o t8J t8J t8J Fire protection? Police protection? Schools? Parks? Other public facilities? Comments: The proposed project would not involve changing land uses that would result in increased permanent demand for public services personnel, equipment and facilities or result in changes in service levels. The proposed project has the potential to result in hazards associated with accidents during the race events and therefore create a temporary increase in demand for police and fire services. The closest fire station that would respond to an incident at the project site is located at 1640 Santa Venetia, approximately one-half mile to the east. In order to reduce impacts associated with accidents, security and safety, measures would mitigate potential impacts to less than significant. Implementation of the accident prevention and security/safety measures during site preparation and operation of the CaRR would reduce impacts to less than significant. XIV. RECREATION. Would the project a) Increase the use of existing neighborhood and regional 0 0 0 t8J parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational faciiities or require the 0 0 0 t8J construction or expansion of recreational facilities which have an adverse physical effect on the environment? Comments: The proposed project would not involve changing land uses that would result in increased demand for recreational facilities or services. '1:-1. TRANSPORTATION /TRAFFIC. Would the project: a) Cause an increase in traffIC which is substantial in relation to the existing traffic load and capacity of the street system (i.e., resutt in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that resutts in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Resutt in inadequate emergency access? ij Resutt in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting anemative transportation (e.g., bus tumouts, bicycle racks)? o o o o o o o t8J o o o o t8J o o o o o o o o o t8J t8J t8J t8J o t8J 6129/2005 0-(bO 8 ISSUES: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: It is estimated that approximately 7,000 vehicles per day of the event would access the site, via Olympic Parkway and La Media Road. It is not anticipated that the additional traffic associated with the event would result in unacceptable levels of service on any affected roadway. However, there is the potential for localized congestion at ingress and egress points of the project and parking impacts on City roadways during the two weekends that the CORR event will be held. To avoid potential for significant impacts, a traffic control plan would be prepared by the project applicant and submitled to the City of Chula Vista for review and approval prior to issuance of the CUP. The preparation of a traffic control plan would mitigate potential impacts to circulation and parking to less than significant. Elements of the traffic control plan would include, but not limited to, a description of the offsite parking areas, signage, location of event staff directing traffic, and points of ingress/egress. XVI. UTILITIES AND SERVfCE SYSTEMS. Would the project: a) Excood wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or resu~ in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or resu~ in the construction of new stonn water drainage facililies or expansion of existing facilities, the construction of which could cause signifICant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entillements needed? e) Resu~ in a detennination by the wastewater treatment provider which serves or may serve the project that II has adequate capacity to serve the projecfs projected demand in addition to the providers existing commitments? o o o o o o J:gJ J:gJ J:gJ J:gJ J:gJ ij Be served by a landfill with sufficient pennitted capacity to 0 0 J:gJ 0 accommodate the projecfs solid waste disposal needs? g) Comply with federal, state, and local staMes and regulations 0 0 J:gJ 0 related to solid waste? Comments: The proposed project would not involve changing land uses or activities that would result in increased demand for utilities. o o o o o o o o o XVII. THRESHOLDS: Will the proposal adversely impact the City's Threshold Standards? A) Librarv The City shall construct 60,000 gross square feet (GSF) of addilional library space, over the June 30, 2000 GSF total, in the area east of Interstate 605 by buildout. The construction of said facililies shall be phased such that the City will not fall below the citywide ratio of 500 GSF per 1,000 population. Library facilities are to be adequate~ equipped and staffed. B) Police a) Emergency Response: Proper~ equipped and staffed police units shall respond to 81 percent of "Priority One" emergency o o J:gJ o 6/2912005 9 1-6/ o o J:gJ o ISSUES: calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. b) Respond to 57 percent of "Priority Two" urgent calls within seven (7) minutes and maintain an average response time to all "Priority Two" calls of 7.5 minutes or less. G) Fire and Emeroencv Medical Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the Gity within 7 minutes in 80% of the cases (measured annually). D) TraffIC The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "G" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west of 1-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway' ramps are exempted tram this Standard. E) Parks and Recreation Areas The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facil~ies /1,000 population east of 1-805. F) Drainaoe The Threshold Standards require that storm water flows and volumes not exceed Gity Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and Gity Engineering Standards. G) Sewer The Threshold Standards require that sewage flows and volumes not exceed Gity Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and Gity Engineering Standards. H) Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program the Gity of Ghula Vista has in effect at the time of building perm~ issuance. Comments: See comments under section XIII and XIV. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below sell- Potentially Significant Impact D D D D D D D Less Than Significant With Mitigation Incorporated l'8J l'8J D D D D D Less Than Significant Impact D D D D D D l'8J No Impact D D l'8J l'8J l'8J l'8J D 6/29/2005 10 q-b2 sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods ot Cal[omia histOlY or prehistory? b) Does the project have impacts that are individually limited, but 0 0 [8] 0 cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects 01 probable Mure projects.) c) Does the project have environmental effects which will cause 0 0 [8] 0 substantial adverse effects on human beings, either directly or indirectly? Comments: Due to the limited scope, temporary nature and time frame for the proposed activities, it is not anticipated that the project would result in significant environmental effects. ISSUES: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact XIX. PROJECT REVISIONS OR MITIGATION MEASURES See MND XX. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. D Land Use and Planning D Population and Housing [8] Geophysical D Agricultural Resources [8] Hydrology/Water [8] Air Quality D Threshold Standards [8] Transportationffraffic D Biological Resources D Energy and Mineral Resources [8] Public Services D Utilities and Service Systems D Aesthetics [8] Hazards and Hazardous Materials D Noise D Recreation D Mandatory Findings of Significance [8] Cultural Resources 6/29/2005 11 q-&3 XXI. DETERMINATION On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the D environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the IZ;J environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the D environment, and an Environmental Impact Report is required. I find that the proposed project may have a significant effect(s) on the environment, D but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the D environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. ~~{k:lr?~~' Marilyn R.F. Ponseggi Environmental Review Coordinator City of Chula Vista 7/d?'1/0~ . Date 6129/2005 9-.W 12 P I ann n g & B u I d n g Department Planning Division APPLICATION . DEVELOPMENT PROCESSING . TYPE A Part 1 Re u8sted CC'D5-Ob1 l-I.fhe1f? B0. 130lP DO. - 4'-\5 Conditional Use Permit ( Temporary) eSlgn ev ew o Variance o Special Use Permit (redevelopmenl area only) I!] Misc.. Gradinq Permit A Iication Information Applica"l Name James P. Baldwin ApplicantAddress 610 West Ash Street, Suite 1500, Ban Dieg-o, CA 92101 Contacl Name Ranie Hunter Phone (619) 234-4050 ext. 107 Appiica",'s Inler.st in Property (Ir apflllcanl i. Mt the owner, Ihe owner's authorizalion signature el\he end or lhis rorm is required to proc... this requeSl,) E3 Own 0 Rent 0 Other: Archilect/Agent: Hunsaker & Associates Address: 10179 Iluennekens St., ste. 200, SO, CA 9212: Conlact Name: Lex Williman Phone: (858) 558 -4500 o Archilect/ Age", Emall orprimaryconlacl:RHunter~otavranch.com Primary contact is: IRlApplicanl General Project Description (all types) Temporary Off-Road Race Project Name: General Description of Proposed Project: One-til't\e Off-Road and 9/30/05-10/02/05. Track Praoosed Use' Temporary Off-Road Racing- race and associated activities 9/23/0S-9/25/0~ Has this projecl received pre.applicatlon review comments? 0 Yes (Dale:) DNa Subject Property Information (~J1 types). Locallon/Slreet Address: Otay Ranch Village 2 and a portion of Village 4 Assessor's Parcel If: See attached. TOlar Acreage: Redevelopment Araa fir:Jpplicable): No General Plan Designallon: PC Zone Design~tlcn: Planned Communily (If applicable): otay Ranoh Currenlland Use: Vaoant agricultural land Within Montgomery Specific Plan? DYes G9 No Proposed Project (all types) Type of use proposed: 0 Residential landscepe Coverage (% or lot): o Commercial o I"dustrlal 00 Other: Temporary Building Coverage (% of 100: 276 Fourth Avenue Chula Vi.t. Callfornia 91910 (619) 691-5101 '1-05 Temporary Conditional Use Permit for Off.Road Race Track APN Numbers: 644-030-14 644-030-16 644-030-17 64+030-18 644-030-19 644-030-21 q-6~ ~!f?- ~ CITroF (HUlA VISTA APPLICATION · DEVELOPMENT PROCESSING . TYPE A Part 2 Ruidential ProJect Summary N/A Type of dwelling unites): Dwelling units: Number of lots: PRO?OSED EXISTING 1 Bedroom 2 Bedroom 3 + Bedroom TOTAL Den'ity (DU/aere): Maximum building height: Minimum lot size: Average 101 .Ize: Parking Space.: ReqUired by code: Provided: Type of parking (i.e, size; whether covered, .1e.): Open spac. description (acre, each of privale, common, and landscaping): Non-Residential Project Summary Gross fioor area: N/A Proposed: N/A Building Height: N/A Hours of operation (days & hours): 9 23- 7am to 7pm (except Fri. 7am to lOpm) Anticipated number of employees: 40 staff/50 volUl'lMlllilll1llm number of empioy.e. at anyone lime: 40 staff + volunte, Number and age. of student,/children (il applicable): N/A Sealing eapseity~O' 000 to 30,000 Parking Spoces: Required by code: N/A Provided: 5420 (approximately) Type 01 psrking (i.e. size; whether covered, etc.): open field Authorization Print applicant nam.: DaM: May 23, 2005 Applleonf Signature: Print owner rtame": Owner Signature': 'Note' Proof of owner'hlp may be required. Letter of con.ent may be provided in lieu of .lgnalUre, DaM' 276 Fourth Avenue Cnula vlst. California 91910 (6191691-5101 Form no Rws.oJ '11112 c;~6 7 ~I f.t.. ~ CITY OF CHUIA VISTA Plann ng & Bllilding Department Planning DivIsion I Development Processing APPLICATION APPENDIX A Project Description 80 Justification Projeet Name: Temporary off-Iloed Race . Applicant Name: James P. Baldwin Please fully describe the proposed project, any and ell construction that may be aeeomplished es e resu'lt of approvel of this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chula visla. Include any details necessary to adequately explein the scope and/or operation of the proposad project. You may include any background Information and supporting stetements regarding the reasons for, or appropriateness of. the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "findings" as listed In the Application Procedural Guide. Temporarv Championship Off-Road Race. The proposed project is a temporary. one- time off-road racrno ayent on the Otay Ranch Villeaa Two and a portion of Villaae Four properties located south of OlYmpic Parkwav. east of Herilaae Road and west of La Media Road. The event will occur on two consecutive weekends. September 23-25 and September 30-0ctober 2, 2005. Site preparation will beain about Auaust 1, 2005. and post-event clean-up will be reQuired. Site oreoaration will include temporary c1earinq of a dirt track. and parkina. spectator and race-partlcioant areas. The event area will occur on aaricultural land. The event area will be fenced, and will be set back from the Multiole Soecies Conservation Prooram (MSCP) Preserve bv at least 100 feet. Vehicular entrances to parkina lots will be from Olvmpic Parkwav and La Media Road. Event sponsors and the City will provide fire. police and emeraencv services. A temporarY traffic control plan will be developed to facilitate arrival and deoarture from three parkina lot areas. With the exception of the race participants. overniaht camoil'19 will be orohibited. Races will occur durino davtime hours. Temoorarv nlQht Iiohtina will be provided. Permits will be required to address non-storm water discharaes. The oroiect reouires a aradina permit and Conditional Use Permit. 276 Fourth Avenue Chula Vi,ta I Californl. 91910 1619) 691.5101 q-62 'lv. "'tV"'t I, U Planning & Building Department Planning Division I Development Processing Disclosure Statement APPLICATION APPENDIX B Pursuent to Council Policy 101-01, prior to any action upon matters Ihat will require discretionary action by Ihe Council, Planning Commission and all other official bodies of the City, a slatement of disclosure of certain ownership or flnancial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The rollowlng information must be disclosed: 1. List the nemes of all petsons having 8 financlallnteresl in the property that is Ihe subject of the application or lhe eontracl, e,g., owner, applicant, contractor, subcontractor, material supplier. Jim Baldwin 1\1 Baldwin Otay Project, LP 2. Ir any person' Identified pursuant 10 (1) above is a corporation or partnership, tist the names of all individuals with a $~OOO inveslment in the business (corporation/partnership) entity. Jim Baldwin Al Baldwin 3. If any person' identified pursuant to (1) abOve Is a non-profit organizatJon or trust, listlhe names of any person serving as director of the non-profit organization or as trustee or beneficiary Or trustor of the trust. N/A 4. Please identify every person, Including any agenls, employees, consultants, or independent contractors you have essigned to represent you balore the CIty in this malter. Kim John Kilkenny Ranie Hunter Kent Aden Lex W~lllman Rob Cameron 5. Has any person' associated wilh Ihis conlract had any financial dealings with an official-' of the Cily of Chula Vista as ~ relates to this contract within the past 12 monlhs. Yes_ No~ If Yes, briefly describe the nature of the flnancial interest the official" may have In this contract. 6. Heve you made a conlributlon of more than $250 within the past twelve (12) months 10 a current member of the Chula Vista City Council? No.x Yes _If yes, which Council member? 276 Fourth Avenue Chula Vista California 91910 (619) 691.5101 9-ht NU, 4b4 ~. / PI a nn n g & Building Planning Division I Department Development Processing Disclosure Statement - Page 2 APl>LICATION APPENDIX B 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (1~ months? (This includes being a source of income, money to retire a legai debt, gift, loan, etc.) Yes_ No_ If Yes, whioh official" and what was the nature of item provided? Date: May 23, 2005 ~~~ Signature of Contractor/Applicant Robart B. Cameron type name of Contractor/Applicant Print or Person Is defined as: any individual, firm, co-partnership, joint venture, association, social clUb, fraternal organi~atlon, corporation, estale, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, .or any other group or combination acfing as a Unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members, 27b Fourth A\len\.le Chula Vista California 91910 (619,) b91-51 01 Q-70 ..~. 'v, '. v Plann ng & Building Department Planning Division I Developmen, Processing Development Permit ProcessIng Agreement APPLICATION APPENDIX C Permit Applicant: Applicant's Address: TyPe of Permit: Agreement Date: Deposit Amount: James P. Baldwin 610 Weet Ash Street, Suite 1500, San Diego, CA 92101 Conditional Use Permit/Grading Permit This Agreement ('Agreemenf') between the City of Chula Vista, a chartered municipal corpOration ("CIly") and the forenamed applicant for a development permit ('Applicant"), effective as of the Agreement Date set forth above. is made with reference to the fOllowing facls: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ('Permit) which the City has required 10 be obtained as a condition to permitting Applicant to develop a parcel of property; and. Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ('Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises hereIn contained, as follows: 1. Applicanfs Duty to Pay. Applicant shall pay all of City's expenses Incurred in provIding Proeesslng Services related to Applicant's Permit, InclUding all of Cay's direct and overhead costs related therelo. This duty of Applicant shall be referred to herein as 'Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant'/l Duty to Pay, Applicant shall deposit lhe amount afore referenced ("Deposif'). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balanee to Applicant without Interest thereon. If, during the processing of Applicant's Permit, the emount of tile Deposit becomes exhausted, or is imminently likely to become exhausted In the opinion of the e City, upon notiee of same by City, Applicant shall forthwith provide Such additional deposit as City shell calculate as reasonably necessary to conllnue Processing Services. The duty of Applicant to Initially deposa and to supplement said deposit as herein required shall be known as . Applicant's Deposit Duty", 2. City's Duty. City shall, upon the condition that Applicant Is no in breach of Applicant's Duty to Payor Appllcant.s Deposit Duty, use good faith to prOVide processing seNlces in relation to Applicsnt's Permit application. 2,1. City shall have no liebility hereunder to Applicant for the failure to procass Applicant's Permit application. or for failure to process Applicant's Permit within the lime frame requested by Applicant or estimated by City. 2'76 Fourth AvenUE! C~U la Vista CalifornIa 91910 (619) 691-5101 ct-7/ ~V~ ~~ ~~~~ CITY OF CHUIA VISTA Plann ng & BUilding Department Planning Division I Development Processing Development Permit Processing Agreement - Page 2 2.2. By execution of this agreement Applicant shall have no tight to the Permi! for which Applicant has applied. City shall USa its discretion in valuating Applicant's Permit Application without regard 10 Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the Clly shall otherwise have at law or equily, the City has the right to suspend and/or withhold the processing of the Pennit which is the subject matter of this Agreement, as well as Ihe Permit which may be the subject matter of any other Permit whIch Applicant has before the Cily. 3.2. Civil Collection In addition to all other rights and remedies which the Clly shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action. and upon Instituting IHlgallon to collect same. the prevailing party shall be en tilled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demends or requests provided for or permitted to be given pursuant 10 this Agreement must be in wrlllng. All notices. demands and requests to be sent 10 any party shall be deemed to have baen 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 recaipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing LawNenve. This Agreement shall be governed by and construed in accordance with the laws of the State of Celifornia. Any action arising under or relating to this Agreement shall ba brought only in Ihe 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 Agreemant, and performance hereunder, shall be the Cily of Chura Vista. 4.3. MUltiple Signatories. If there are multiple signatories to this agreement on behelf of Applicanl, each of OUch signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. ThIs signatory to this agreement hereby lNarrants and represents that he Is the duly designated agent for the Applicant end has been duly authorized by the Applicant to eXecute this Agreement on behalf of the Applicant Signatory shall be personally liable for Applicant's Duly to Pay and Applicant's Duly to Deposit In the eVent he has not been authorized to execute Ihls Agreement by Applicant. 4.5 Hold Harmless. Applicant shall defend, Indemnify and hold harmless the City. its elected and appointed officers and employeoo, from and against any claims, suits. aclions or proceedings, Judieial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (Including without Iimijatfon attorneys' fees) arising out of Clly's actions In processing or issuing Applicant's Permij, or in exercising any discretion related thereto inclUding but not limited to the giving of proper environmental review, the holding of pUblic hearings, Ihe extension of due process rights, except only for those claims, suits. actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnlncalion shell Include any and all costs, expenses, attorney's fees and liability Incvrred by the City, its officers, agents, or employees in defending against such claims, whether the same proeeed to judgement or not. Further, Appliesnt, at its own expense, shall, upon written requesl by the Cily, defend any such suit or action broughl against Ihe City. its officers, agents, or employees. Applicant's indemnification of Clly shall not be iimited by any prior or subsequent declaration by the 276 Fourth Avenue Chula ViSta I California 91910 (619) 691.5101 --1- 72 Planning & Building Department Plannins Division I Development Processing Development Permit ProcessIng Agreement - Page 3 Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but sueh participation shall not relieve the applicant of any obligation imposed by this condition. 4,6 Administrative Claims Requirements and Procedures. No suit or arbitration shall ba brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chura Vista and acted Upon by the Cily of Chula Vista in accordance with the procedures set forth In Chapter 1.34 of the Chura Vista Municipal Code. as same may from time to lime be amended, the provisions of which era 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 requesl by City, Consultant shall meet and confer in good feilh with City for the purpose of resolving any dispute over the terms or this Agreement. Now therefore. the parties hereto, having read end understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by selling their hand hereto on the date set forth adjacent thereto. Dated; City of ChuJa Vista 276 Fourth Avenue Chu". Vista, CA By; Dated; Mav 23, 2005 Jame~ P. Baldwin 610 West Ash Street. Suite 1500 San Dieqo, CA 92101 By; ~r-~, C. ~~') 276 Fourth Avenue Chula Vista I California 91910 (619) 691-5101 9-73 V--"-r~ ,v- '~r~ CORR Race Schedule - 1-96 SDeedwa~ May 20-22, 2005 Tentative FRIDAY SATURDAY SUNDAY GATES OPEN 7:00AM 7:00AM 7:00AM REGISTRATION lOAM - 6PM 7:00-8AM TECH INSPECTION 10AM- 6PM 7:30AM-9:30AM 8:30AM-9:30AM (Pro) TECH INSPECTION IOAM-6PM 7:30AM-9:30AM 8:30AM,9:30AM (Sportsman) DRIVERS MEETING 2:00PM 8:30-9AM 8:30-9AM __k_________________________________________________~_________________.___________________________________________ FRIDA Y SATURDAY SUNDAY 9:30-10:30 Practice Practice 11 :30-11 :45 Light Buggy Light Buggy Noon-12:15 Sportsman Stock Sportsman Stock 12:30-12:45 Single Buggy Single Buggy 12:45-1: 15 Interm\ssion Intermission 1:15-1:30 Sportsman 2 Sportsman 2 .- 1 :45-2:00 Super Buggy Super Buggy 2:00-2:30 Intennission Int=ission 2:30-2:45 Pro Light Pro Light 3:00-3:15 Pro-2 Pro- 2 3:30-3:45 Pro-4 Pro-4 3:00 - 5:00 Practice (All vehicles must tech before practice) Cf-7L/ ~, PRELIMINARY RACE TRACK MAP -~1II QTAY RANCH 1lII,..... VILLAGE 2 & 4 c.,oro~._____. .1 -,7'.r- 'k.-' _. If ::::> -OS-tJ2<> ,:, JUN 00 Z005 jli)1 Pa:-oS-Ob'l !.\~~..__, .~...J: .1 ._____.._..._.__~~,_ -==~_._.- q-76 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, IS-05-023, AND GRANTING A CONDITIONAL USE PERMIT, PCC-05-067, TO ALLOW A TEMPORARY OFF-ROAD RACE ON A PORTION OF THE OTAY RANCH VILLAGES TWO AND FOUR, LOCATED SOUTH OF OLYMPIC PARKWAY, EAST OF THE OTAY LANDFILL, AND WEST OF LA MEDIA ROAD. A. RECITALS 1. Project Site WHEREAS, the parcels which are the subject matter of this resolution are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description are located on a portion of the Otay Ranch Villages Two and Four over approximately 149 acres of land located south of Olympic Parkway, east of the Otay Landfill and west of La Media Road ("Project Site"); and 2. Project Applicant WHEREAS, on May 23, 2005 a duly verified application for a conditional use permit (PCC-05-067) was filed with the City of Chula Vista Planning Department by James Baldwin ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, said Applicant requests permission to conduct a temporary off-road racing and entertainment event on September 23-25 and September 30 - October 2 on said Project Site; and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on July 27, 2005 and voted 5 - 0 - 0 - I recommending that the City Council approve the project in accordance with Resolution PCC-05-067; and 5. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on August 9, 2005; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. 9-77 Resolution No. Page 2 NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: 8. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on July 27, 2005 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-05-023 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the proj ect could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-05-023. n. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05-023) has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05-023). E. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05-023) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA) and the Environmental Review Procedures of the City of Chula Vista and hereby adopts the same. F. CONDITIONAL USE PERMIT FINDINGS 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 hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. q-n Resolution No. Page 3 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 proposed location is a desirable location for such a one-time racing event. The environmental document and staff reports outlines how the racetrack and temporary facilities are located a significant distance from existing residential neighborhoods to the north and east and visually obscured from view by the existing slopes. In addition, the racetrack and facilities are a minimum I DO-ft. away from multiple species habitat preserve lands to the south and east. The existing topography provides the necessary layout for the temporary structures areas needed for the event and minimal grading is needed for the racetrack. 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. This temporary conditional use permit for a two weekend race event required environmental documentation that analyzed the proposal with respect to the effect of the proposal on health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. While certain aspects of the proposal such as traffic and noise may result in some minor traffic congestion near the site at the time of the events as well as perhaps some one-time noise annoyances due to racing events or early evening live entertainment, the temporary one-time sporting and entertainment events are not regulated by the noise control ordinance. For participants and spectators deciding to attend these racing events, safety precautions are maximized to ensure the health, safety or general welfare of persons involved as outlined in the environmental document and staffreports. In addition, the conditions to grant approval of this permit require that an Off- Road Race Security Plan, Safety/Medical Plan, and Traffic Control Plan shall be provided by the applicant to minimize the potential impacts to public safety, fire, traffic, parking, and other environmental effects on participants, spectators, and the surrounding residential neighborhoods in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed temporary racing event and activities is considered a conditionally permitted use within the Planned Community (PC) Zone, utilizing the unclassified q-71 Resolution No. Page 4 use requirements listed under unclassified uses in the Zoning Code (19.54.020J-7) for race tracks, which requires that a conditional use permit be considered by the City Council subsequent to its receipt of recommendations thereon from the Planning Commission. Municipal Code section 19.58.040(0)(4) generally prohibits alcoholic beverages being sold or consumed on the premises except in conjunction with a restaurant approved through a conditional use permit. In this case, the sale of food through several vendors is an authorized use of the CUP. The sale of alcoholic beverages by these food vendors is authorized consistent with the conditions described below and the licenses issued by the state Department of Alcohol Beverage Control. 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. Because the land use is a temporary use, granting of this permit will not require amendments to the Chula Vista General Plan, or the Otay Ranch GDP. G. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-05-067 subject to the following conditions whereby the Applicant shall: 1. Develop the project site as shown on the preliminary racetrack map submitted for review on June 2, 2005. Any revisions to this site plan required for compliance with the conditions of approval shall be provided prior to the issuance of grading permits. 2. The Applicant shall implement, to the satisfaction of the Director of Planning and Building and the Environmental Review Coordinator, all mitigation measures identified in the Final Mitigated Negative Declaration for a Conditional Use Permit for a Temporary Championship Off-Road Race (IS-05-023) and Mitigation Monitoring and Reporting Program in accordance with the requirements, provisions and schedules contained therein, and as further specified in these CUP conditions. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building and Environmental Review Coordinator should changes in circumstances warrant such a revision. 3. The Applicant shall obtain the appropriate permits for temporary power poles, power supply generators, and temporary seating grandstands and canopies. The path of travel from parking areas and the path of travel to restroom facilities shall be designed to meet ADA handicapped accessibility code requirements. 4. The subject project shall comply with all requirements of State Water Resources Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Cf-2'O Resolution No. Page 5 Activity. In accordance with said Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Monitoring Program Plan shall be developed and implemented concurrent with the commencement of grading activities. The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures. The SWPPP shall also address operation and maintenance of post-construction pollution prevention measures, including short-term and long-term funding sources and the party or parties that will be responsible for the implementation of said measures. The SWPPP shall be provided prior to the issuance of a Grading Permit. A complete and accurate Notice-of-Intent (NOl) must be filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a NOl has been received for this project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NOI from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. 5. The Applicant is required to complete the applicable forms contained in the City of Chula Vista's Development and Redevelopment Storm Water Management Requirements Manual and comply with the Manual's requirements. The applicant is required to implement Best Management Plans (BMP's) to prevent introduction of pollutants to storm drainage systems, including natural watercourse, while site preparation is underway, during the permitted events and after the events. BMP's shall include but not be limited to: . Solid waste management. . Sanitary/septic waste management. . Liquid waste management. . Dust control. . Tracking control. . Erosion and sediment control. . Spill prevention and cleanup. Adequate and easily accessible spill cleanup kits shall be maintained throughout the grounds and the racetrack. . Materials and goods delivery and storage. . Hazardous waste management. 6. The Applicant shall post a bond or other security acceptable to the City in an amount determined by the City Engineer to guarantee the installation of all construction, post- construction and post-event pollution prevention measures in accordance with the approved SWPPP and the project's approved erosion control plan. The security shall also provide for an amount to guarantee the post-event rehabilitation and/or stabilization of the site to the satisfaction of the Director of Public Works. The security shall be provided prior to the issuance of a Grading Permit. 7. Existing on-site vegetation shall be preserved and maintained to the Maximum Extent Practicable during site preparation and all events associated with the Conditional Use Permit. c; -z / Resolution No. Page 6 8. All proposed detention/desilting basins shall be fenced for safety and shall be shown on the grading plan. 9. No vehicle cleaning, fueling, or servicing shall be conducted unless within designated areas provided with adequate Best Management Practices (BMPs) to prevent discharge of pollutants to natural drainage courses or storm drain systems to the Maximum Extent Practicable. Appropriate erosion control BMPs shall be provided for all graded parking and other areas as indicated on the approved erosion control plan. The applicant is responsible for enforcing these requirements during and after the permitted events. 10. The Applicant shall provide and maintain BMPs continuously before, during, an after site preparation. No part of the project shall be left without BMP's for 7 or more calendar days. II. At such time as all temporary and permanent erosion control measures and BMPs as identified on the project's approved grading plans and/or SWPPP have been substantially completed to the satisfaction of the Director of Public Works, but no later than two weeks prior to the scheduled opening day of the event, the applicant shall convene an on-site meeting to be attended by representatives of: the Environmental Section and the Departments of Public Works/Operations; the Departments of Engineering, Planning and Building, Police and Fire. At this meeting, all observable physical site preparations shall be ready for inspection by the respective departments. 12. The applicant shall submit to for approval by the City Engineer a long-term stabilization plan that shall be put into effect immediately after the permitted events. All disturbed areas shall be permanently stabilized immediately after the event to the satisfaction of the Director of Public Works, including re-vegetation to provide a minimum of 70 percent coverage and erosion protection equivalent to or better than the existing conditions and/or in accordance with the approved long-term stabilization plan. The stabilization plan shall be provided prior to the issuance of a Grading Permit. 13. Stockpiles of excavated soil, building and paving materials whether deposited prior to or during site preparation and that remain on-site after the permitted events shall be either be removed and disposed of properly, or permanent BMP's, as identified in the post-event SWPPP, shall be put into place to protect the stockpiles. 14. The Traffic Control Plan prepared by the applicant and approved by the Police Department shall be submitted for approval by the City Engineer prior to the issuance of a Grading Permit. Compliance with the Traffic Control Plan is a condition of this permit. 15. No overnight camping or motor home shall be allowed within the project boundary site during the race event weekends of September 23-25 and September 30 - October /1, f'<J '-7 -6 L. Resolution No. Page 7 2 or during the intervening week except for those self-contained facilities utilized by racing teams located within the pit area. The Applicant shall provide signs at all of the entrances to the racing event indicating the following: California Vehicle Code (CVC) 22658: (a) Except as provided in Section 22658.2, the owner or person in lawful possession of any private property, within one hour of notifying, by telephone or, if impractical, by the most expeditious means available, the local traffic law enforcement agency, may cause the removal of a vehicle parked on the property to the nearest public garage under any of the following circumstances: (I) There is displayed, in plain view at all entrances to the prqperty, a sign not less than 17 by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner's expense, and containing the telephone number of the local traffic law enforcement agency. The sign may also indicate that a citation may also be issued for the violation. 16. The Applicant's representative CORR management team shall follow the race schedule provided or provide a revised race schedule for review and approval by the Police Department's Special Events & Special Investigations Unit and subject to final review and approval by the Police Chief. Racing events generally shall occur between 10:00 a.m. and 5:00 p.m. Post-Racing Event activities including live entertainment may be provided between 5:00 p.m. and 7:00 p.m. Compliance with these hours of operation is a condition of this permit. 17. The Applicant's representative CORR management team shall obtain and provide all required Alcoholic Beverage Control (ABC) permits to the Police Department's Special Events & Special Investigations Unit prior to any sales of alcohol on the project boundary site at the racing and entertainment events. The sale of alcoholic beverages may occur during the races and shall cease one hour prior to the end of the races. Compliance with the limitation to the sales of alcohol is a condition of this permit. 18. The Applicant's representative CORR management team shall provide a Security Plan for review and approval by the Police Department's Special Events & Special Investigations Unit and subject to final review and approval by the Police Chief. Compliance with the Security Plan approved by the Police Chief is a condition of this permit. 19. Coordinate with the consulting engineer of the adjacent developer property the fencing or other security features should be provided to discourage patrons from finding their way onto adjacent construction sites. Access controls should be placed at Birch Road from Magdalena Avenue in Village Six and from Birch Road south onto Magdalena Avenue at the north end of Village Seven. Fencing should already be in place along the west side of Magdalena extending from Birch Road to the High School entrance. Additional fencing may be warranted is along the remainder of the west side of Magdalena Avenue from the high school entrance to Rock Mountain Road. This would effectively limit access to all active construction areas, including the School District's high school site. 9-23 Resolution No. Page 8 20. The Applicant shall provide additional information regarding the specific locations where tickets will be taken to avoid queuing impacts onto adjacent arterials. This information shall be provided with the Traffic Control Plan for review and approval by the City Engineer a minimum two weeks prior to the event. 21. The Fire Department will have a fully staffed brush engine (1 - Captain, 1 - Engineer, 1 - Firefighter) dedicated to this event. This apparatus will be at the event one hour before and after the normal event times, thus 7:00 am through 7:00 pm (4 days). This apparatus and staffing will be charged at full cost recovery to the Applicant. 22. The Applicant shall furnish to both the Chula Vista Fire Department and American Medical Response, a means for two-way radio communication during the hours of operation. 23. Obtain all necessary permits for tents, canopies, or temporary membrane structures along with other pertinent permits as described with CFC 105.8 shall be applied for and approved prior to the event's start. 24. The portable seating systems shall be installed in accordance with the manufactures specifications and listings. 25. Provide a minimum 20-ft. wide parking aisle to every parking space area. Parking aisles shall serve a maximum double-loaded row of vehicles. Tandem parking is prohibited. 26. Provide a Safety/Medical Plan for review and approval by the Fire Marshall prior to the event. Compliance with the Emergency Medical Plan is a condition of this permit. 27. The Applicant shall provide proof of liability insurance coverage naming the City of Chula Vista as an additionally insured party in the amount of $10 million. The liability insurance policy shall be reviewed and approved by the Risk Management Department two weeks prior to the event. 28. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate govemmental 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. 29. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this q -J'L/ Resolution No. Page 9 Conditional Use Permit (PCC-05-067) and the Final Mitigated Negative Declaration for this Conditional Use Permit allowing for a Temporary Championship Off-Road Race (IS-05-023) and Mitigation Monitoring and Reporting Program, (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) the activities conducted in conjunction with this Conditional Use Permit and Final Mitigated Negative Declaration, including all claims for damages for alleged personal injuries or property damage from any person or entity, whether such injury or damage is allegedly caused by applicant/operator, race participants, vendors, or spectators. 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. H. 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 within ten days of recordation to the City Clerk 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. Said document will also be on file in the City Clerk's Office and known as document No. Signature of James Baldwin Applicant/Property Owner Date Signature of Applicant's Event Representative From Championship Off-Road Racing (CORR) Date q-25 Resolution No. Page 10 I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Jim Sandoval Planning and Building Director ~L p /l~A/L ~Moore ity Attorney 9-g6 RECEIVED MEMO from / ~. Zaneta Salde Encarnacion :()3 Constituent Services Manager ! ~.. 1:5 ..u. 2S P 4 :18 CITY OF CHULA VIS T/, CITY CLERK'S OFF!CF To: Date: Subject: Lorraine Bennett, Deputy City Clerk July 25, 2005 Appointments to Childcare Commission Mayor Padilla has nominated Ms. Jeanne Highouse to be appointed to the Childcare Commission. Please place this on the next City Council agenda for ratification. If you have any questions, please feel free to contact me at 5812. Thank you for your assistance. 7....;J.s~'5 - ~ 1f1Ab,J€.. d&fZ.r rJoj. cun1Z;tr~ S&V~ d1 ~_ c, Y.. ..~V~/('.r. S;{rs;;;~ .q, ~t:r C/1/~ c;.,,,a U:>J"'lIY1/IJI'&-] ~ ~ /r;t',....~ ~ 7-/7- '7# ~~A 6/~.A:>~ 1/~(P/O~ oK- tlJ/+- . /2 f /i- n - f Headqll,,'-ten 1400 K STREET SACRAMENTO, CA 95814 PH' (916) 658-8200 FXO (916) 658-8240 ""."" ~.'''" Offi" ~~" 6 LEAGU E 602 East Huntington Dr., S". C. O. R E eEl ~ Monmvia,CA91016 rt;vW'^--~ OF CALlFORN1A PH' (626) 305-1315 i_- "u.r'li.' Jll. 19 C I TIE S '" (626) 305-1345 cD - ,r- '{6 . July 6, 2005 CITY OF CHULA VISIi\ WWW.GKIT1ESORG CITY CLERK'S OFFICC I~!; <<; ~-I 'Iff ~.~ JUL 1 9 Z005 ,~ i COUNCIL OFFICES CHULA VISTA, CA To: The Honorable Mayor and City Council From: Pat Eklund, League President, Council Member, Novato Re: Designation of Voting Delegate for 2005 League Annual Conference The League's 2005 Annual Conference is scheduled for Thursdav. October 6 throuah Saturdav. October 8 in San Francisco. One very important aspect of the Annual Conference is the Annual Business Meeting where the membership takes action on conference resolutions. Annual conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Annual Business Meeting on Saturday, October 8th, at 10:30 a.m. at the San Francisco Moscone Convention Center West. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be registered at the conference and present at the Annual Business Meeting. A voting card will be given to the city official that is designated and indicated on the enclosed "Voting Delegate Form." Please complete and return the enclosed form to the League's Sacramento office at the earliest possible time (not later than Monday, September 6, 2005), so that proper records may be established for the conference. The city's designated voting delegate may pick up the city's voting card at the Voting Card desk located in the League registration area. The Desk will be open on October 6, 7, and 8. Voting cards should be picked up before the Annual Business Meeting on October 8th. The voting procedures to be followed at this conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at (916) 658-8236. , I. !! f