HomeMy WebLinkAboutAgenda Packet 2005/08/23
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CllY OF
CHULA VISTA
Stephen C. Padilla, Mayor
Patty Davis, Council member David D. Rowlands, Jr., City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Council member
August 23, 2005
6:00 P.M.
I declare under penalty of perjury tn~ll alii
em loyed by the City of Chula Vista In the. .
offFce of the City Clerk and that I posted this
document on the bulletin board according to Council Chambers
Brown Act requirements. (), Public Services Building
/,J /, e-f~ 276 Fourth Avenue
CALL TO ORDER Dated ifffras Slgned--"'l)'
ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE: JEANNE HIGHHOUSE -- CHILDCARE COMMISSION
. PRESENTATION BY JACK BLAKELY, DIRECTOR OF THE DOWNTOWN
BUSINESS ASSOCIATION, OF A $1,500 DONATION TO THE CHULA VISTA
ANIMAL CARE FACILITY FROM THE PET FEST 2005 PROCEEDS
. RECOGNITION BY POLICE CHIEF EMERSON OF DETECTIVE MARK JONES
FOR BEING AWARDED THE "POLICE OFFICER OF THE YEAR" AWARD FOR
THE CITY OF CHULA VISTA
. INTRODUCTION BY POLICE CHIEF EMERSON OF WILLIAM JERNIGAN,
RECENTLY HIRED LATERAL PEACE OFFICER
. PRESENTATION BY POLICE CHIEF EMERSON REGARDING THE
INSTALLATION OF SECURITY CAMERAS AT ALL THREE CHULA VISTA
TROLLEY STATIONS
· PRESENTATION BY DAN MCALLISTER, SAN DIEGO COUNTY
TREASURER/TAX COLLECTOR, REGARDING PROPERTY TAX UPDATES
. PRESENTATION OF PROCLAMATION TO BARBARA WORTH FOR HER YEARS
OF SERVICE ON THE CHULA VISTA HOUSING ADVISORY COMMISSION
Page 1 - Council Agenda
http://www.chulavistaca.gov
August 23, 2005
CONSENT CALENDAR
(Items I through 11)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion. unless a Councilmember, a member of the public, or City staff
requests that an item be removed for discussion. If you wish to speak on one of these
items, please fill out a "Request to Speak" form (available in the lobby) and submit it to
the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed after Action Items.
1. WRITTEN COMMUNICATIONS
A. Letter of resignation from John Chavez, Member of the Resource Conservation
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
B. Letter of resignation from Pamela Bensoussan, Member of the Resource
Conservation Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
C. Letter of resignation from Gary Nordstrom, Member of the Growth Management
Oversight Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
D. Letter of resignation from Jesse Navarro, Member of the Board of Ethics.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
E. Letter of resignation from Walter Tubbs, Member of the Cultural Arts
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FILING OF A GRANT APPLICATION TO THE DEPARTMENT
OF HOMELAND SECURITY FOR SAN DIEGO REGIONAL TECHNOLOGY
PARTNERSHIP FUNDS TO ESTABLISH COMMUNICATIONS
INTEROPERABILITY IN THE SOUTH BAY REGION OF SAN DIEGO COUNTY
Page 2 - Council Agenda
http://www.chulavistaca.gov
August 23, 2005
In times of disaster and other emergencies, the objective is to achieve situational
awareness and make critical decisions under a high degree of uncertainty. Technical
differences between the existing information systems being used by local coordinators,
responders and other agencies can limit our ability to quickly communicate with each
other. The City proposes to take the lead in applying for grant funding from the
Department of Homeland Security to fund a project that will establish interoperable
communications throughout the region. (Director of Management and Information
Services)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND
APPROVING AN AGREEMENT WITH GRANICUS, INC. FOR IMPLEMENTATION
OF STREAMING VIDEO CAPABILITY ON THE CITY OF CHULA VISTA
WEBSITE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
At the June 28, 2005 Joint Meeting of the City Council/Redevelopment Agency, $50,000
was authorized by the Council to be used for the development and implementation of
streaming video on the City's website. Adoption of the resolution approves awarding the
contract to Granicus, Inc. in order to implement Council's direction. (Director of
Communications)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT
FOR WATER PIPELINE PURPOSES TO OTAY MUNICIPAL WATER DISTRICT
FOR AN EXISTING l6-INCH RECYCLED WATER PIPELINE FEEDING THE
RECYCLED WATER RESERVOIR AT SUNSET VIEW PARK
Adoption of the resolution authorizes granting an easement for water pipeline purposes to
Otay Municipal Water District for an existing l6-inch recycled water pipeline feeding the
Recycled Water Reservoir at Sunset View Park. (City Engineer)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL "B" MAPS OF CHULA VISTA TRACT NO. 05-07,
MCMILLIN OTAY RANCH VILLAGE SEVEN R-IA, R-1B, AND R-5; ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA, THE EASEMENTS GRANTED ON
THE MAPS WITHIN THE SUBDNISIONS; ACCEPTING ON BEHALF OF THE
PUBLIC, THE PUBLIC STREETS SHOWN THEREON; AND APPROVING THE
SUBDNISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY THE SUBDNISIONS; AND APPROVING THE
ASSOCIATED SUPPLEMENTAL SUBDNISION IMPROVEMENT AGREEMENT,
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF RESOLUTION NO. 2004-331
Page 3 - Council Agenda
http://www.chulavistaca.gov
August 23,2005
Adoption of the resolution approves three Final "B" Maps within Otay Ranch Village
Seven, three Subdivision hnprovement Agreements, and the Supplemental Subdivision
Improvement Agreement for Otay Ranch Village Seven R-IA, R-IB, and R-5. (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 (Continued from August 9, 2005)
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)
Staff recommendation: Council continue this item to September 20,2005.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA
GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR,
SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION ACT OF 2002
The City received notification from the State of California regarding the allocations for
2002 Resource Bond Act Per Capita Grant Program. Chula Vista's allocation for this
program is $840,000. Grant funds are available for expenditure on a reimbursement basis
by the applicant (City of Chula Vista) after a fully executed contract with the State
Department of Parks and Recreation Department is secured via the application process.
(Director of General Services)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-
Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL
PROTECTION ACT OF 2002
Page 4 - Council Agenda
http://www .chulavistaca.gov
August 23,2005
The City received notification from the State of California regarding the allocations for
2002 Resource Bond Act Roberti-Z'Berg-Harris Block Grant Program. Chula Vista's
allocation for this program is $516,930. Grant funds are available for expenditure on a
reimbursement basis by the applicant (City of Chula Vista) after a fully executed contract
with the State Department of Parks and Recreation Department is secured via the
application process. (Director of General Services)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS, AWARDING A CONTRACT FOR THE "SLURRY/CHIP SEAL
PAVEMENT REHABILITATION FISCAL YEAR 2004/2005 IN THE CITY OF
CHULA VISTA, CALIFORNIA" PROJECT, A COMPONENT OF THE 2005
PAVEMENT REHABILITATION PROJECT (STL-310), AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILABLE CONTINGENCIES
On July 27,2005, the Director of General Services received sealed bids for this project, a
component of the 2005 Pavement Rehabilitation project (STL-310). The work consists
of the application of slurry seal pavement coats on various pavement locations in the
City. Work for this project also includes the preparation and application of crack-filler,
removal/replacement of failed pavement, striping, traffic control, and all labor, material,
equipment, and transportation necessary for the project. (Director of General Services)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING REQUESTS FROM BONITA BUSINESS AND PROFESSIONAL
ASSOCIATION TO CONDUCT THE BONITAFEST AND BONITAFEST PARADE
ON SATURDAY, SEPTEMBER 24,2005, AND WAIVING ASSOCIATED FEES FOR
POLICE SERVICE AND TRANSIT BUS SERVICE
The Bonitafest Committee and its sponsoring organization, the Bonita Business and
Professional Association (BBPA), is requesting permission to conduct the 33rd Annual
Bonitafest on Saturday, September 24,2005. (Chief of Police)
Staffrecommendation: Council adopt the resolution.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF PORTION OF
RANCHO DEL REY PARKWAY ON SEPTEMBER 10 AND 11,2005 FOR THE
ORANGE CRATE DERBY
The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting
permission for temporary street closure on Rancho Del Rey Parkway on September 10
and 11,2005 to conduct its 26th Annual Orange Crate Derby. (Chief of Police)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Agenda
http://www.chulavistaca.gov
August 23, 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.
12. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES
DISTRICT 12-1 (MCMILLIN-OTAY RANCH-VILLAGE SEVEN),
AUTHORIZATION TO LEVY SPECIAL TAXES AND INCUR A BONDED
INDEBTEDNESS SECURED BY SUCH SPECIAL TAXES
Community Facilities District (CFD) 12-1 will fund the construction of public facilities.
In addition, a portion of the proceeds may be used for certain transportation projects, as
directed by the City. Adoption of the resolutions continues the formal proceedings
leading to the establishment of Community Facilities District No. 12-1 and authorizes,
subj ect to the approval of the qualified electors, the levy of special taxes and issuance of
bonds secured by the levy of such special taxes. (City Engineer)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT 12-
I (MCMILLIN-OTAY RANCH-VILLAGE SEVEN), AND AUTHORIZING
SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED
ELECTORS THEREOF
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS FOR
COMMUNITY FACILITIES DISTRICT 12-1 (MCMILLIN-OTAY RANCH-
VILLAGE SEVEN), SUBMITTING TO THE QUALIFIED ELECTORS OF
SUCH COMMUNITY FACILITIES DISTRICT SEPARATE PROPOSITIONS
TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A
BONDED INDEBTEDNESS SECURED BY THE LEVY OF SUCH SPECIAL
TAX TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO
ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY
FACILITIES DISTRICT, AND GIVING NOTICE THEREON
Page 6 - Council Agenda
http://www.chulavistaca.gov
August 23, 2005
13. CONSIDERATION OF AN AMENDMENT TO ORDINANCE 2898, RELATING TO
THE PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PROGRAM FOR
OTAY RANCH VILLAGE 11
The original Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village
11 was created to finance half of the construction cost of two pedestrian over-crossings
for the Otay Ranch Village 11, the Hunte Parkway over-crossing and the Eastlake
Parkway over-crossing. The remaining cost of the pedestrian over-crossings will be
funded by the adjacent projects as a condition of development. Adoption of the ordinance
approves an update to the Pedestrian Bridge Development Impact Fee Program for Otay
Ranch Village II to account for construction cost increases. (City Engineer)
Staff recommendation: Council conduct the public hearing, adopt the following
resolution, and place the following ordinance on first reading:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A REPORT PREPARED BY DEVELOPMENT PLANNING &
FINANCING GROUP, RECOMMENDING AN UPDATE TO THE
PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PROGRAM FOR
OTAYRANCHVILLAGE 11
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE
NO. 2898, RELATING TO THE PEDESTRIAN BRIDGE DEVELOPMENT
IMPACT FEE PROGRAM FOR OTAY RANCH VILLAGE 11 (FIRST
READING)
14. CONSIDERATION OF THE APPLICANT'S APPEAL OF CERTAIN CONDITIONS
OF APPROVAL MADE BY THE CITY'S DESIGN REVIEW COMMITTEE FOR A
PLANNED SIGN PROGRAM FOR THE EASTLAKE DESIGN DISTRICT
(APPLICANT: INTERNATIONAL REAL ESTATE)
The applicant, International Real Estate, has submitted an appeal of certain conditions of
approval made by the City's Design Review Committee for a planned sign program for
the EastLake Design District. (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 MODIFICATIONS TO THE DESIGN REVIEW COMMITTEE
APPROVED PLANNED SIGN PROGRAM (PSP-05-08) FOR THE
EASTLAKE DESIGN DISTRICT
IS. CONSIDERATION OF AN AMENDMENT TO THE CITY OF CHULA VISTA
GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION OF
APPROXIMATELY 13.3 ACRES FROM RESEARCH & LIMITED INDUSTRIAL TO
RETAIL COMMERCIAL; AND CONSIDERATION OF AMENDMENTS TO THE
EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE I VILLAGE
CENTER NORTH SUPPLEMENTAL SECTIONAL PLANNING AREA PLAN,
EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND
USE DISTRICTS MAP, AND ASSOCIATED REGULATORY DOCUMENTS
Page 7 - Council Agenda
http://www.chulavistaca.gov
Augost 23, 2005
The applicant, Sudberry Properties, Inc., has submitted applications to amend the City's
General Plan and EastLake Planned Community Regulatory documents to change the
land use designation of approximately 13.3 acres at northwest corner of EastLake
Parkway and Miller Drive from Research and Limited Manufacturing to Retail
Commercial. (Director of Planning and Building)
Staff recommendation: Council conduct the public hearing, adopt the following
resolution, and place the following ordinance on first reading:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM IS-04-027;
APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN,
EASTLAKE II GENERAL DEVELOPMENT PLAN, AND THE EASTLAKE I
VILLAGE CENTER NORTH SUPPLEMENTAL SECTIONAL PLANNING
AREA (SPA) PLAN, AND ASSOCIATED REGULATORY DOCUMENTS
FOR THE NORTHERLY 13.3 ACRES AT THE NORTHWEST CORNER OF
EASTLAKE P ARKW A Y AND MILLER DRIVE INTERSECTION
B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY
DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 13.3
ACRES AT THE NORTHWEST CORNER OF MILLER DRIVE TERMINUS
AND EASTLAKE PARKWAY (FIRST READING)
16. CONSIDERATION OF AN AMENDMENT OF THE OTAY RANCH VILLAGE
SEVEN SECTIONAL PLANNING AREA (SPA) PLAN PLANNED COMMUNITY
DISTRICT REGULATIONS TO RE-ZONE A PORTION OF NEIGHBORHOOD R-2
FROM SF-4 TO RM-I, AND MODIFYING THE REQUIRED SETBACKS FOR
ENTRY FEATURES IN THE RM-l ZONE
Otay Project, LP (Otay Ranch Company) has applied to amend the Village Seven
Sectional Planning Area Plan Land Use Districts Map, re-zone a portion of
Neighborhood R-2 from SF-4 to RM-I, and modify the Planned Community District
Regulations for entry feature setbacks in the RM-I zone. (Director of Planning and
Building)
Staff recommendation: Council conduct the public hearing and place the following
ordinance on first reading:
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN
AMENDMENT TO THE OTAY RANCH VILLAGE SEVEN SECTIONAL
PLANNING AREA (SPA) PLAN RE-ZONING A PORTION OF
NEIGHBORHOOD R-2 FROM SF-4 TO RM-l ON THE LAND USE
DISTRICTS MAP, AND MODIFYING THE PLANNED COMMUNITY
DISTRICT REGULATIONS FOR ENTRY FEATURE SETBACKS IN THE
RM-l ZONE
Page 8 - Council Agenda
http://www .chulavistaca.gov
August 23,2005
17. CONSIDERATION OF MODIFYING AN EXISTING CONDITIONAL USE PERMIT
FOR SOUTHWESTERN CHRISTIAN SCHOOL (Continued from August 9, 2005)
Adoption of the resolution approves a conditional use permit to modify existing school
facilities by replacing an administration building at 482 L Street, 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-05-03l, 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
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by the
Council, and are expected to elicit discussion and deliberation. If you wish to speak on
any item, please fill out a "Request to Speak" form (available in the lobby) and submit it
to the City Clerk prior to the meeting.
18. CONSIDERATION OF ADOPTION OF A COUNCIL POLICY REGARDING AN
ADOPT -A-PARK PROGRAM
To address the litter control issue at parks citywide, staff has designed an Adopt-A-Park
program based on a resident's recommendation. This program is designed to promote
civic responsibility, community spirit and camaraderie, and give our school children an
understanding of community responsibility and respect for the environment. (Director of
Public Works Operations)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A COUNCIL POLICY REGARDING ADOPT-A-PARK
PROGRAM AND ESTABLISHING GUIDELINES
19. CONSIDERATION OF APPROVAL OF A CONTRACT FOR TRANSPORTATION
AND COURT SECURITY SERVICES WITH THE SAN DIEGO COUNTY
SHERIFF'S DEPARTMENT
Page 9 - Council Agenda
http://www.chulavistaca.gov
August 23, 2005
The Police Department and the San Diego County Sheriff's Department have reached a
services contract agreement for the provision of City inmate court-related transportation
and security services. The contract allows the Chula Vista City Jail to begin operating as
a Type 1 facility, retaining prisoners until their scheduled arraignment. (Chief of Police)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A CONTRACT FOR TRANSPORTATION AND COURT
SECURITY SERVICES WITH THE SAN DIEGO COUNTY SHERIFF'S
DEPARTMENT AND AMENDING THE MASTER FEE SCHEDULE TO
UPDATE THE BOOKING FEE DEFINITION
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
20. CITY MANAGER'S REPORTS
21. MAYOR'S REPORTS
. Ratification of appointment of Stacey Stevenson to the Civil Service Commission.
22. 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).
23. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. City ofChula Vista v. Evanston Ins. (SDSC # GIC 818513)
B. City ofChula Vista v. San Miguel Development Co., (SDSC # GIC 835467)
24. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
. City Manager
. City Attorney
. City Clerk
ADJOURNMENT to the Regular Meeting of September 13, 2005, at 6:00 p.m. in the Council
Chambers.
Page 10 - Council Agenda
http://www.chulavistaca.gov
August 23,2005
.
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(877) TAX4SDC (829-4732)
(619) 531-6056
o PROPERTY ADDRESS - DESCRIPTION. SUBDIVISION
For Fiscal Year Beginning July 1, 2005 and Ending June 30, 2006
CURRLN-I
OWNER
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123-456-78-90
JOHN Q PUBLIC
12345 ANYWHERE STREET
SAN DIEGO, CA 92101
12345 ANYWHERE STREET
LOT 2509
MIRA MESA VERDE #100
MAP NO
" DESCRIPTION VALUES & EXEMPTIONS
528689
LAND
IMPROVEMENTS
TOTAL L & I
PERSONAL PROPERTY
EXEMPTIONS:
HOMEOWNERS
OTHER
NET TAXABLE VALUE
$
119457
140536
259993
000661
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PROPERTY SECURED BY THIS ACCOUNT,
REFER TO ID NO, 123-456-78-90 59088
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$
7000
08.20..&8
252993
OWNER
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RECORD ON
JANUARY 1 2005
TAXPAYER PROPERTY INC
000371/1
RETAIN THIS PORTION FOR YOUR RECORDS
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AGENCY BASE RATE TAX AMOUNT
1% TAX ON NET VALUE NET 1.00000 2529,93 FIXED CHARGE ASSMTS:
VOTER APPROVED BOND: CO MOSQUITO/RAT CTRL r581684-2888 3.00
SAN DIEGO COUNTY NET 0.00660 17,20 MIRA MESA MAINT 619 533-6779 3.76
UNIFIED SCHOOL NET 0.09575 242.24 MWD WTR STANDBY CHRG 600 755-6664 11.50
COMMUNITY COLLEGE NET 0.01766 45.16 CWA WTR AVAILABILITY 856 522-6518 10.00
METRO WATER DISTRICT NET 0.00610 15.43
COUNTY WTR AUTHORITY NET 0.00075 1.70 TOTAL DISTRIBUTION 2879.64
AMOUNT
TOTAL ON NET VALUE 1.12726 2851.68
---------------------------
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First Installment 1
FULL PAYMENT R~qUIRED
ON OR IlE-FORE
DECEMBER 10, 2005
JOHN Q. PUBLIC
12345 ANYWHERE STREET
SAN DIEGO, CA 92101
Make checks payable to:
1439.97
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SAN DIEGO COUNTY
TREASURER-TAX COLLECTOR
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5
6
From: 2johnchavez@cox.net [mailto:2johnchavez@cox.net]
Sent: Tuesday, August 02, 2005 10:02 AM
To: Linda Bond; Susan Bigelow
Cc: Marilyn Ponseggi
Subject: Resignation from RCC
Please accept my resignation as a Commissioner on the Chula Vista Resource
Conservation Commission, effective August 16,2005.
I may be contacted at:
Cell: (619) 254-8579 OR (505) 661-5109
Email: johnchavezdesantafe@yahoo.com
Thank you,
John E. Chavez
377 Del Mar Ave., Chula Vista, CA 91910
/11
Page 1 of 1
Lorraine Bennett
From: Pamela Bensoussan [pamelabens@cox.net]
Sent: Tuesday, August 09, 2005 10:35 AM
To: Lorraine Bennett
Subject: RCC resignation
August 9, 2005
Honorable Mayor and Council Members,
Please be advised that I am hereby resigning from my position on the Resource Conservation
Commission. It has been an honor and my pleasure to serve on the RCC for the last five years.
I will certainly miss participating in the duties of this important commission.
I look forward to serving the City as a member of the Planning Commission. Thank you for
placing your trust in me to help you in your task of guiding the City towards a great future.
Sincerely,
Pamela Bensoussan
Pamela Bensoussan, ASA
Greg Rogers Historic House
616 Second Avenue
Chula Vista, CA 91910
619420-7782
/6
8/9/2005
"t-ece.\ucz...J.. 8- cr,O,5
,
cc.', 'N.'""-'""\.~' ~lZ"
Gary Nordstrom
334 Camino Elevado
Bonita, CA 91902
August 9, 2005
Susan Bigelow
Chula Vista City Clerk
276 Fourth Ave.
Chula Vista, CA 91910
Dear Susan,
Upon advice from the City Attorney, I respectfully resign my position from the GMOC. I
understand my recent appointment to the Planning Commission, could be considered a
potential conflict of interest.
I have truly enjoyed my time on the GMOC and look forward to my new job as a
Planning Commissioner.
IZ
Gary 1. Nordstrom
/C/
cC.)..,:~ ~ -€:- ~ \ ~cl<.~d
August 5, 2005
Steve Padilla, Mayor
276 Fourth Avenue
Chula Vista, CA 91910-2631
Dear Steve,
This letter is to confirm my resignation from the Chula Vista Board of Ethics as of this
date.
After having the privilege of serving on the board for approximately three years, and
gaining invaluable experience and knowledge, I thank you and the councilmembers for
the great opportunity to serve our community.
I also want to inform you and the councilmembers of my continued desire to serve our
city and community in other capacity in the near future.
Best regards,
J esse Navarro
(619) 772-7733
e->e-> 6i
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Cc: Nora Smyth e->o ::e- rn
Deputy City Attorney r--n ~ (")
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FROM : TUBBS
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FRX NO. : 6194827723
Rug. 15 2005 04:08PM Pi
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8/11/06
Dear Friends and Colleagues:
It is with regret that I write this letter ofresignation-effective immediately.
For some time now I have been aware of how little I contribute to our
meetings--and how little I am able to contribute, given my limited experience
in the cultural arts and related disciplines. As a fonner college professor who
participated in, and contributed substantially, to the workings of many
academic and specialized committees and projects, I find myself continually
frustrated that the range of my skills and competencies does not include
cultural arts and the administrative aspects thereof.
I believe it would be selfish of me to stay on, knowing there are others who
are better qualified than I, and who could bring specific strengths and talents
to the table. Please believe me when I say I have wanted so serve more and
better (1 am not used to "getting by" and producing so little): Alas, time and
again I found that my skills, such a they are, were insufficient to do the job at
hand. I don't like thinking that, by staying on, I may be depriving some
much more qualified person from bringing his or her expertise to bear, both
now and in the future. Lest I become a living example of Murphy's Law, I
had better fade quietly into the background and let someone else have a turn.
I take with me many good memories and deep respect for ~Qse of you who
do have the skill and energy to do so much. Great things ~ ahead for the
CAC and I will enjoy watching from the sidelines how your unflagging
efforts will bring a finn direction for the Cultural Arts in our beloved Chula
Vista.
f2S? S
With love and the utmost respect, I am ....-.
-<-<
("')0 :0
Yours sincerely, r--n :... fTJ
m("') e;
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Walter Tubbs, PhD f'Tlp" -..z
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IC-
COUNCIL AGENDA STATEMENT
Item
Meeting Date
L
8/23/05
ITEM TITLE:
SUBMITTED BY:
Resolution approving the filing of a grant application to the
Department of Homeland Security for San Diego Regional Technology
Partnership funds to establish communications interoperability in the South
Bay region of San Diego County.
Duoc'", Of"P'=W' & fufo~tion s,,,,,,trj/
Chief of Poli
Fire Chiem",
City Manager f()
(4/5ths Vote: Yes _ No.1O
REVIEWED BY:
BACKGROUND: In times of disaster and other emergencies, the objective is to achieve situational
awareness and make critical decisions under a high degree of uncertainty. Technical differences
between the current information systems being used by local coordinators, first responders and other
agencies, can limit our ability to quickly communicate with each other. The City proposes to take
the lead in applying for grant funding from the Department of Homeland Security to fund a project
that will establish interoperable communications throughout the region.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
In this post-911 era, local and regional public safety, emergency managers, and those protecting the
international borders and coastline are dealing with new types of threats, information overload, and
an array oftechnology. This is particularly true in the South Bay region of San Diego County. As in
neighboring regions, South Bay's objective during a disaster or other emergency is to achieve
situational awareness and make critical decisions under a high degree of uncertainty. But the current
information systems supporting these efforts are often designed to accomplish single functions using
dedicated information management tools. Throughout San Diego County for example, the Regional
Communications System (RCS) used by the San Diego Sheriff's Department (and 17 member
agencies including Chula Vista), differs from both the San Diego Police Department radio system
and the Federal radio system used by the FBI and the Department of Homeland Security. It also
differs from the California Highway Patrol, U. S. Border Patrol, and U.S Coast Guard systems. The
technical differences between systems limits the ability of agencies to quickly communicate with
each other via radio.
South Bay's regional and local coordinators, first responders, and other participants seek a seamless
regionwide broadband wireless infrastructure to exchange text, GIS mapping, and real-time imagery,
which will enhance our information management capability. To support these needs, the technology
must be flexible and versatile. Intercommunication that supports modifiable and timely access to all
2-1
Page 2, Item ;;<
Meeting Date 8/23/05
required information is no longer optional. Having the flexibility to make instant modifications to
systems and newly emerging information, enables real-time planning, control, and execution of the
domestic incident response mission. This can only be accomplished by implementing redundant and
alternate technologies, each providing interoperability and interconnectivity.
Above all, the local infrastructure must interconnect and accommodate all of the South Bay
neighbors - South San Diego County, Chula Vista, Imperial Beach, and National City - AND be
expanded to promote seamless connectivity to surrounding regions served by many of the same
agencies (e.g., County Sheriffs, Highway Patrol, Border Patrol) that also serve the South Bay.
The Pilot Demonstration: For the past few years, the City of Chula Vista has been reviewing
alternatives for interconnectivity and high-speed wireless communication for public safety use. After
discussions with several companies we were provided the opportunity in November 2004 to host a
project for complete regional interoperability in wireless communication that included a number of
benefits. The "ResponseNet" demonstration initiative was conducted in collaboration with the
Office of Domestic Preparedness (ODP), the Space and Naval W arfare (SPA WAR) Systems Center
San Diego, and a number of technology partners including Antin Engineering, Qualcomm, and
TechALT (see Attachment I).
The successful demonstration incorporated existing public safety, emergency preparedness and
response, and homeland security applications into typical interfaces such as web services, land-based
communication, and GIS. The demonstration's high-speed wireless network allowed full motion
video from police and fire vehicles to anywhere on the city's network and vehicles. The wireless
system's voice interoperability capability allowed the city's existing 800 MHz radio system to
communicate with almost any other radio system in San Diego County, and emergency radio systems
to simultaneously communicate with land-lines and cellular phones. A vehicle tracking system
provided by Qualcomm tracked hazardous materials and provided notification ofhazmat shipments
within 50 miles of our borders. The system's "OEO-Fencing" capability notified Chula Vista of
deviations from predetermined routes. An incident correlator provided early warning of potential
problems by aggregating information from an array of data systems. A two-tiered Emergency
Notification System sped up the emergency notification process. Each of the technologies, some
scaled-down, were successfully demonstrated during the exercise.
This demonstration was intended to be the first phase ofthe interoperability project-and was fully
funded by various sources including the Department of Homeland Security and the Office of Disaster
Preparedness. The exercise was designed to show "proof-of-concept" during a staged scenario of a
terrorist attack involving the City of Chula Vista, California Highway Patrol, the Border Patrol and
other responders.
Full Proiect Implementation: The city is now working with the Department of Homeland Security
(City of San Diego Office of Homeland Security) and San Diego State University to obtain funding
for a full rollout of this project.
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Page 3, Item
Meeting Date
:;
8/23/05
The program will be expanded to integrate regional technologies within alliances of trust that
include:
. County Sheriff s Department
. San Diego Police Department
. Metropolitan Transit System (MTS)
. U.S. Border Patrol
. U.S. Coast Guard
. Unified Port of San Diego
. California Highway Patrol
And facilities/institutions that include:
. Chula Vista city schools
. Coors Ampitheatre
. Olympic Training Center
. Local area hospitals
. Regional shopping centers
For optimum effectiveness, the project will also involve the fire departments, police departments,
emergency operations, emergency medical services, and public services departments of the cities of
Chula Vista, San Diego, Imperial Beach, Coronado, and National City (see Attachment 2). Chula
Vista is proposing to take the lead in helping to unifY the South Bay region's communication system
with those of surrounding regions. This will occur in collaboration with our partner agencies and
institutions.
Proposed Outcomes: If successful, the project will establish interoperable communications and
correct interoperability gaps between the various systems existing in the region. Specifically, the
proposed interoperability system will create a shared broadband network among the partners that will
allow V oiceover Internet Protocols (V oIP). This technology enables multiple users to receive voice
messages across a wireless network. Multiple users can also receive text messaging and
photographs, streaming video, and GIS mapping. Powerful WiMax will support interoperability
between agencies of different types, which could include the military. Most importantly,
interoperability will be achieved among all the various technologies now being used by our partner
agencIes.
Ofthe other features that were tested during the demonstration phase, current plans are to implement
the hazardous materials tracking system and the GEO-Fencing capability as part oflater phases of
the proposed proj eel. The incident correlator also shows great promise and will be considered for
inclusion in the regional project at a later date.
Phasin!!: The interoperability communications project will be implemented over a three-year
period:
. Seamless interoperability of a regionally compatible broadband wireless network which
can connect text data, GIS mapping, and live video (FY2006 through FY2008).
2-3
Page 4, Item ;;:/
Meeting Date 8/23/05
. Voice interoperabilitv which will connect disparate radio and telephonic voice systems
(FY2006).
. A system of public/agencv alerting that will provide rapid notification to the public of
emergency incidents that may affect them (FY2006).
Proiect Costs: The "ResponseNet" system, which performed well in the 2004 demonstration, is one
of a number of available interoperability systems the City is reviewing as part of this project. The
total proj ect cost for the purchase of communications equipment, and the staff and professional costs
to implement the program and interfaces is estimated at $3,450,000 - most of which ($3,000,000) is
proposed to be expended over a three-year period beginning in FY2006 to acquire and build the
broadband wireless network. Voice Interoperability ($250,000) and Public/Agency Alerting
($200,000) systems will also be implemented in FY2006 (see Attachment 3). The San Diego
Regional Homeland Security Technology Partnership grant does not require the commitment of
matching funds.
ENVIRONMENTAL IMPACT: N/A
FISCAL IMPACT: lfthe resolution is adopted, the City will apply for Department of Homeland
Security funding in the amount of $3,450,000. If the application and cost phasing schedule are
accepted as proposed, the City will receive: $1,450,000 in FY2006
$1,000,000 in FY2007
$1,000,000 in FY2008
All post-award staff costs to implement the program and the costs to manage the grant funds are
eligible reimbursable costs under the terms of the grant. Long-term equipment maintenance costs are
not covered by the grant. The anticipated costs to maintain and eventually replace components of the
wireless equipment system will impact the General Fund. These costs would be included as part of
the City's technology replacement program, and are estimated as follows:
FY2006 $17,700
FY2007 $53,000
FY2008 $53,000
FY2009 $70,500
FY2010 $70,500
As part ofthe partnership initiative, however, staff is striving to secure alternate sources of funding
to help mitigate these General Fund impacts. lfthe Homeland Security grant is awarded, staff will
return to Council with a recommendation to accept and appropriate the Year I grant award of
$1,450,000.
Attachments: I. ResponseN et Demonstration Proj ect
2. Map of Proposed Project Sphere of Influence
3. Project Phasing Schedule
J: \CathyB\Grants\Homeland Security\ResponseN et.doc
2-4
Attachment 1
Chula Vista, CA 120-Day Technology
Demonstration Proof of Concept
San Diego
Homeland Security
Interoperability Projects
Space & Naval Warfare Systems Center
San Diego
1~' Homeland
\~t Security
"'" ~
SP"W,A/f
Sr~~CIIfI'"
.."-
2-5
16 February 2005
FOR OFFICIAL USE ONLY
CV 120-Day Demonstration
Chula Vista, CA 120-Day Technology
Demonstration Proof of Concept
Chula Vista, CA 120-Day Technology Demonstration Proof of Concept.......................... 3
Background ........................ ............ ........... ............ ................................. ......... ................ 3
System Summary ............................................................................................................ 3
Scenario........................................................................................................................ ... 5
Evaluation....... ............. ....... ....... ...... .......... ............................................ ....... .......... ........ 6
Lessons Learned.... ... .................................. ........ ................ ............... ............... ..... .......... 6
Attachment I: Chula Vista Demonstration Proof of Concept Evaluation Report ............. 8
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Chula Vista, CA 120-Day Technology
Demonstration Proof of Concept
Background
On November 17, 2004, a technology demonstration was held in Chula Vista, CA, to
prove that a system based upon web-centric principles, interoperable standards, and
publish and subscribe information architectures, could provide significant and innovative
fum:tionality to public safety and first responder communities, with only 120 working
days of effort. Referred to as the "120 day demonstration", this task represented a
significant departure from more traditional systems integration efforts.
The Office for Domestic Preparedness (ODP) funded SPA WAR Systems Center, San
Diego (SPA WAR SSC) to manage this demonstration. Technical integration was
provided by Antin engineering, as a subcontractor to Science Applications International
Corporation (SAlC). Antin Engineering worked very closely with the city of Chula
Vista, SPA WAR SSC, SPA WAR Headquarters, and a team of cutting-edge technology
industry corporations to produce a unique approach to system development for public
safety. This approach resulted in the system that successfully demonstrated new
capabilities for public safety and first responder communities.
System Summary
The four core elements of the system demonstrated in Chula Vista were:
The 'Domestic Information Space' (DIS) that aggregates, integrates, fuses, and
intelligently disseminates relevant information to support effective decision-making.
The DIS provides individual users with information tailored to their specific
requirements. It integrates and aggregates data from a wide variety of sources, aligns
data semantics, transforms formats and distributes information in the appropriate
form and level of detail required by different users. SPAW AR System Center's
Composeable FORCEnet (CFn) architecture provided the basis for the DIS,
employing a web-centric publish and subscribe approach.
The 'Domestic Common Operating Picture' (DCOP) that provides a real-time,
tailorable portal interface incorporating all relevant and actionable information that is
geo-referenced to a set of computerized maps. The DCOP facilitates collaborative
planning and assists all participating agencies to achieve situational awareness. To
facilitate a coordinated response to a given situation, everyone must have access to
the visual display of the same relevant information. The DCOP leverages standards-
based portal technology with the addition of a geo-spatial intelligence component.
The 'Domestic Command & Control Backbone' (DC2B) that provides a services
oriented integration framework enabling the creation of a collection of public safety,
emergency preparedness/response and homeland security services. Common services
include communications, decision support, remote monitoring, alerting-notification-
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recall, location tracking, computer assisted dispatch and other emergency response
applications. These services are made available as standards-based web services
(XML, SOAP, WSDL, UDDn to be 'plugged' into the DC2B and access/feed the
DIS and DCOP. In addition to web services, the DC2B provides other standards-
based integration mechanisms (i.e. java messaging service (JMS), java connection
adaptor (lCA), XML messaging & presence protocol (XMPP) and remote
syndication service (RSS) to facilitate alternate approaches to the incorporation of
existing and new computational assets as needed.
The 'Emergency Services Orchestration Engine' (ESOE) that provides a standards-
based process definition, execution and management environment enabling the
creation of composite emergency response processes across the portfolio of
application functionality plugged into the DC2B. The ESOE specifically employs
standards-based business process execution language (BPEL) and business process
execution language for web services (BPEL4WS) in its process definition and
execution approach.
For the Chula Vista demonstration, the portfolio of applications 'plugged' into the DC2B
included:
Multi-protocol secure wireless communication system - TECHALT.
This system enables the establishment of a secure wireless LAN at the incident
location between multiple local, state and federal agencies. The LAN can be
established across any of several communication protocols including 802.1 lx,
lxRTT, Evolution Data Only (EVDO), Inmarsat, Cellular Digital Packet Data
(CDPD), Global System for Mobile communications (GSM), Integrated Digital
Enhanced Network (iDEN) and land mobile radios. Session connectivity is
maintained across communication protocols in the event that a participant must
withdraw from the LAN and move beyond the incident location.
HAZMAT Shipment Tracking System - QUALCOMM
Transponders affixed to transport vehicles emit positional information across a
satellite feed every 2 minutes. All commercial carriers of munitions and hazardous
waste material are mandated to support this capability.
Emergency Alert, Notification and Recall System - Intervoice/EEN
Standards-based alerts, notifications and recalls can be issued to small groups or mass
populations across multiple channels of communication including voice, fax, pager,
short message service (SMS) text messaging, email, wireless application protocol
(W AP) devices and a desktop client. Messages can be ad-hoc or pre-defined.
Supplemental information can be delivered across each of the notification channels.
Libraries of pre-defined communication plans, configurable by threat -type, role,
message and supplemental information can be created. Receipt acknowledgement is
tracked across all channels. Geographic Information Systems (GIS)-driven outbound
voice alerts are also possible.
Protect America: Event Correlation System - CellExchange
The Protect America Event Correlator scores and correlates the event flows into the
DIS. The scoring system is configured by the user community. The system looks for
precursor signals, ambiguities, etc. that rise above defined thresholds. These signals
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CV 120-Day Demonstration
are presented to the user through a dashboard display in the DCOP. Users can drill
down to look at specific events contributing to any dashboard signal. The event
correlator can drive alerts/notifications as circumstances dictate.
Consequence Assessment Tool Suite (CATS) - SAlC
A decision support system that provides a portfolio of simulations including fire,
bomb detonation, urban areas plume dispersion, etc. taking into account context such
as current weather conditions, etc.
Computer-Assisted Dispatch (policelFire CAD) - CrossCurrent
Chula Vista police and fire departments share a common CAD system to handle all of
their 911 traffic. Calls come into the dispatch center, are logged into the CAD system
and resources deployed to respond as appropriate.
Geographic Information System (GIS) - Geoviz
Utilizing the capabilities of Composeable FORCEnet to capture, integrate, and
manipulate geospatial information, this application provided for graphic display,
presentation, and analysis of that information.
Border Patrol Incident Management System
The Border Patrol incident management system provides the facility to capture, store,
check, analyze and report incident location, severity, impact, estimated duration. It
also supports post-incident analysis.
Scenario
To demonstrate real-time system performance in an operational environment, a simulated
Explosive/Chemical incident scenario was used. Extensive efforts were employed to
maintain realism, while still flexing system technical innovations and enhancements.
While the exercise scenario, extent of damage, and level of threat were based on a
hypothetical situation, and not intended as a forecast of future terrorist-related events,
they do reflect the current threats to the United States
For the scenario, the city of Chula Vista, CA was targeted for a terrorist strike. This was
a layered attack with several coordinated events, designed to raise community fear and
draw media attention to a national vulnerability to terrorist attack.
The terrorist strike occurred at approximately 0830 AM, during the morning commute.
The primary attack was chemical, and was situated on a major freeway during peak
traffic congestion. Explosives were brought to an hijacked Hazardous Material Transport
vehicle carrying liquid chlorine. The explosives were an Improvised Explosive Device
(lED) in the form of a vehicle driven across the border from Mexico. To ensure
widespread injury and confusion, a nearby diversionary traffic accident on the trolley
tracks near a major surface street was created, just before the explosive breach of the
chlorine container, increasing the chance of panic, injury and death. When the chlorine
tanker was breached, deadly gas spread out over the surrounding areas, according to the
prevailing winds.
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5
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CV 120-Day Demonstration
Evaluation
An objective evaluation by the Naval Research Laboratory was funded independently by
ODP through the Interoperable Communications Technical Assistance Program.
Evaluated as a success, the demonstration served to highlight many areas of concern
when producing information systems in domestic public safety and first responder
environments. The NRL report details the effort further as well as these concerns, and
recommendations. The complete evaluation is provided as Attachment 1.
Lessons Learned
When providing a systems integration solution such as was demonstrated in Chula Vista,
many opportunities for learning arise as expectations, assumptions and capabilities are
validated or refuted. Many technical issues were identified, documented and overcome.
There were however, some program and project management issues which were unique
to the multi-agency/industry approach that was chosen. With ODP providing funding,
SPA WAR SSC providing prograrn management, Antin Engineering providing project
management, and numerous other industry leaders providing technical solutions, there
were great challenges in coordinating all activities to meet the compressed timeframe.
Some lessons learned include:
Ensure that adequate funding is provided for the level of effort in an uncertain
environment. Although it would be ideal to accurately identify the exact costs before the
start, it is unreasonable to expect that level of accuracy when performing new systems
integration work in areas with requirements that are still being defined. Without adequate
"cushion" for unexpected issues, industry team members may be reluctant to commit
their best effort to resolve problems within the time needed.
All government funding should be available for disbursement before any tasking is given
to industry team members. Once the first task is assigned, the charges accrue. With
delays in the funding assignment process, industry members can find themselves in a
position to have to work at risk, or stop altogether.
Funding agreements with team members must be established before funds or tasks are
assigned, to ensure that all parties can start and work in concert.
Close coordination must be maintained between the program manager and the technical
project manager. All requests for additional resources and coordination must go through
the program office, to ensure that all resources remain in alignment throughout the
project.
Because projects such as these are very public and visible, close coordination with public
affairs and press organizations must be maintained. Technology vendors may have a
particular agenda for the promotion of their products that may be inappropriate for public
release as government sponsored. To manage this, and other information dissemination
issues, one point of contact must be established.
To support objective independent evaluation of projects like this, a complete program of
questions and answers must be provided to each evaluating observer, with detailed
explanations of the relationships between each system operator, and the software and
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CV 120-Day Demonstration
hardware being used. Additionally, clearly defined diagrams illustrating how the
individual pieces of software and hardware work together for interoperability should be
provided, with thorough explanations.
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CV 12D-Day Demonstration
Attachment 1 :
Chula Vista Demonstration Proof of Concept
Evaluation Report
FOR OFFICIAL USE ONLY
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CV 120-Day Demonstration: Atlachment1
Chula Vista Demonstration Proof of Concept
Evaluation Report
08 February 2005
Performed for:
Office of Domestic Preparedness
U.S. Department of Homeland Security
Performed by:
Naval Research Laboratory
4555 Overlook Ave SW
Washington DC. 20375
2-13
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CV 12()"Day Demonstration: Attachment 1
Notice
Specialized terms, acronyms and abbreviations used in this report are
defined in Appendix G of this report.
2-H
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CV 120-Day Demonstration: Attachment 1
TABLE OF CONTENTS
1 Executive Summary .................................................................................................... 1
2 Some Operational Observations .................................................................................4
3 Overview of the Demonstration..................................................................................6
3.1 Place: Chula Vista, San Diego County, California............................................. 6
3.2 Background ...................................................... .... ............... .................. .............. 7
3.3 Objectives..... ........................ .................. ............... ............ ...... ......... .................. 7
3.4 Scenario.................... .................. ........... ............................................ .................. 9
3.5 Demonstration Scripting .....................................................................................9
4 Detailed Scenario and Findings ................................................................................ 10
4.1 Detailed Scenario .............................................................................................. 10
4.2 General Observations........................................................................................ 10
4.2.1 General Performance Observations .......................................................... 10
4.2.2 General Security Observations .................................................................11
4.2.3 Reliability Observations............................................................................ 11
4.3 Consolidated Observer Report Details.............................................................. 11
4.4 Consolidated Findings ...................................................................................... 12
4.4.1 Procedural Findings ..................................................................................12
4.4.2 Performance Findings ............................................................................... 12
4.4.3 Security Findings ...................................................................................... 12
5 Conclusions, Recommendations, and Next Steps..................................................... 21
5.1 Conclusions........ ............................................................................................... 21
5.2 Recommendations and Next Steps.................................................................... 22
5.2.1 Procedural Recommendations .................................................................. 22
5.2.2 Performance Recommendations ............................................................... 22
5.2.3 Security Recommendations ...................................................................... 23
Appendix A - Evaluation Methodology........................................................................... 24
A.l Observation ....................................................................................................... 24
A.2 Reduction to Findings .......................................................................................25
Appendix B - Text of the Official CVD Press Kit ........................................................... 26
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Appendix C - Network Communication Architecture ..................................................... 30
C.l Top Level Architecture..................................................................................... 30
C.2 IEEE 802.11 Wireless Networking................................................................... 30
C.3 Wireless Hotspot Coverage............................................................................... 31
C.4 Mobile II' Technology ...................................................................................... 31
C.5 Wired Infrastructure.......................................................................................... 32
Appendix D - Summary of Pre- and Post-Demo Q&A.................................................... 35
Appendix E - Listing of Participating Organizations....................................................... 41
Appendix F - Imagery References ................................................................................... 42
Appendix G - Glossary, Acronyms and Abbreviation ..................................................... 47
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Executive Summary
The NRL observers' conclusion is that the Chula Vista Demonstration (CVD)
successfully showed a multi-agency unified response to a simulated threat, with multiple
advantages demonstrated as well as proven in concept. The demonstration exhibited a
good interconnection of all the various pieces;
With regard to meeting its main objectives, the observers note that this architecture and
implementation provided substantial improvement for public safety through effective
network communication, improved situational awareness, and reduced errors.
The perceived relative strengths of the demonstration network communications system
included transport of its high level software integration connections, both locally in a
LAN and over the Internet; reuse of an existing wireless network infrastructure for
meaningful coverage and connection capability suitable to the needs of a realistic First
Response; adroitness of the demonstration personnel in using all the capabilities across
the system architecture in virtual real time; and the successful inter-agency connections
that were in evidence. Additionally, the individual capabilities of the integrated software
were quite advanced and appeared to work relatively searnIessly, a major
accomplishment on its own.
The perceived relative weaknesses of the network communications system included a
questionable degree of security provided for all connections, wireless and wired. Other
weaknesses involved the actual procedure of the demonstration in not allowing observers
to obtain convincing information that the demonstration script was actually being
followed. A more structural weakness, not necessarily unexpected in this phase of
development, was the complete absence of novel, unscripted inputs to the system which
would be the complete case for an operational response. Some of these weaknesses may
be partly rectifiable by simply providing better, more detailed communication from
organizer to expert observers in the future.
The Chula Vista Demonstration (CVD) applied advanced commercial network
communications technology to the civil emergency response in a simulated terrorist strike
scenario involving a hijacked chlorine tanker truck and diversionary tactics on a
California freeway complex on November 17,2004. The objective was to show an
improved "command-response" system for local fire, police, emergency management,
and other agencies and facilities. This was achieved by combining legacy voice radios,
wireless data "hotspot" access points carrying high speed digital multimedia, and
commercial software systems to integrate the network elements (e.g., radios, wireless
terminals and workstations) in real time and anal yze the data to indicate, for example,
likely vapor plume dispersion. The resulting information sharing is intended to show
access to all levels of government, integrating public safety, emergency preparedness,
and homeland security initiatives. The demonstration focused on a total services-oriented
solution with inter-agency participation.
The demonstration was an official Test Bed operation in a continuing Office of
Domestic Programs (ODP)/Department of Homeland Security (DHS)-funded program, in
conjunction with the City of Chula Vista, California, the Antin Engineering Corp., and
the AltTech Corp. in a government-industry partnership. Various other organizations
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played supporting roles in the demonstration (see Appendix E). Chula Vista was
considered by at least some invited observers to be a virtually ideal location for the
demonstration, given the technology readiness of its First Responders.
The evaluation report herein is limited to one aspect of the demonstration: the
communications and networking technologies evaluated in terms of their apparent
strengths and weaknesses in the context of the demonstration. Other aspects of the
demonstration, such as analysis of software performance, are mentioned but not actually
evaluated. The evaluation methodology utilizes real time observer reports and
subsequent analyses. The evaluation objectives are to provide feedback to the CVD
program and an overview to interested parties of how well these technologies appeared to
facilitate effective emergency response to the scenario.
The demonstration scenario and the technology deployment were arranged to fall
within the coverage of standard VHF!UHF radio networks and three specially deployed
IEEE 802.11 wireless "hotspots" in a compact area within southern San Diego County.
The hotspots were connected to a specially deployed IP network called RESPONSEnet
which included an emergency operations center (EOC) with servers, computers, and large
displays as well as radio-to-IP interfaces to VHFIUHF base stations. A software system
called Compos able Forcenet provided for integration of the dissimilar system network
elements (i.e. equipments suites incorporating communications devices). At the heart of
the system was the remotely located event correlator software (CellExchange Inc.,
Miquel Picorell). Additional software included a custom computer-aided dispatcher, an
emergency email network (EEN, Inc.), a notification system (InterVoice, Inc.), and a
consequences assessment system incorporating plume prediction (Ref: Appendix F,
Image 001.1). These software collected data form, video and voice inputs from the
RESPONSEnet vehicular elements in the field [Ref: Appendix F, Images 002.1-4]. Some
of the software then ran independent processes with outputs received, analyzed and acted
on by human operators in near real time. Other processes used software-to-software
inter-communications. The operators primarily coordinated responding mobile units
manually via radio. Other actions were automated, such as mass phone calls (not actually
implemented) to affected residents and hospitals to handle evacuation and casualties.
The overall operation could be described as centralized command, response and situation
management aided by staff in the field and digital remote sensing with computer analysis.
The scenario response proceeded on demonstration day as a sequence of some 23
identifiable real time and simulated ("pre-planned") steps, each marked by an
"information event" available to the observers in formats ranging from projected
computer displays to announcements by a narrator at the EOC. The real time sequence
spanned one hour and thirty-five minutes. Observers were located within the EOC since
little could be seen at the event sites in the field. Site visibility was provided in some
cases via video from responder vehicles and described verbally in other cases in voice
radio transmissions. Overall, observers assimilated inputs from four basic sources: I)
pre-demonstration briefings to familiarize them with the expected sequence of events, 2)
..- real time observations of communications and other information events as presented on
large displays in the EOC, paging and narration, 3) post-demonstration inspections and
discussions of field equipment and platforms, and 4) question-and-answer clarifications
both before and several weeks after demonstration day from CVD program
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representatives. Observers concluded that some of the information events seen in the
EOC were actually real time and some were actually pre-planned, in at least some cases
deliberatel y so as to save time presenting them to the observers; in this sense the
demonstration was a hybrid of real time action and pre-planned presentation.
Chula Vista is seen as an ideal place to be a test bed N & V for a national level
Emergency Management System (EMS) wireless and wired infrastructure. The city
demonstrated technology-savvy First Responders who are eager to learn new
technologies and local officials committed to making these technologies work, and both
are knowable enough to ask tough questions about the technologies being used.
See Chapter 5 for specific conclusions, recommendations and next steps.
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Some Operational Observations
Lieutenant Jeff Donahue, Los Angeles County Sheriff's Office, provides a personal
view from the vantage of a highly experienced First Responder:
"On November 17, 2004, the City of Chula Vista conducted a demonstration involving
an advanced computer software system, known as a "Command - Response" system.
This system is an advanced command, control, communication, and computing system,
which enhances the abilities of their First Responders (police and frre) to handle any
given situationthat may involve local emergencies and terrorism. Today's demonstration
was simulated as a terrorist strike involving a hijacked chlorine tanker truck and other
diversionary tactics.
The initial intelligence of a hijacked tanker truck was reported at 0700 hours, at this
time information was fed into the system and interoperability was established with the
Boarder Patrol, Chula Vista Police Department and the California Highway Patrol to be
on the look out for the tanker. This was a great way to establish a working relationship.
The Chula Vista Police Department has preprograrnmed their radios with talk groups,
which worked very well in today's exercise. This communication set up is important, but
they neglected to use the services of a local police helicopter, which could have the
capabilities of down link video. This resource would have located the tanker much
sooner than 0830 hours, which was reported as the initial contact. The system did
however show the new capability of inter-agency for quick notifIcation and coordination
involving the officers who responded to the scene.
Once the tanker (which has now exploded creating a large plume) was located by the
First Responder, they were able to demonstrate their new capability of telescopic camera
to identify the placard on the damaged HAZMA T container. The First Responder parked
his vehicle a long distance from the tanker, but with the use of his camera, he was able to
zoom in on the tanker's placard. This is then sent back to the command center and to the
responding HAZMA T Response Team for evaluation of the chemical. With the
Interactive Alerting and Notifrcation And Nextel group connectivity, this allowed the
HAZMAT Team to conference not only with their team, but with the First Responders as
well. Another benefrt to the team was the fact that they have direct communication with
the local hospital. In a situation like this, communication with hospital personnel is
paramount.
Voice interoperability via radio or via phone is essential in a situation like this, but a
text message would help frlter a lot of the unwanted traffic. The Interactive Alerting
Notification system was only in the English language, in an area with the demographics
such as Chula Vista, a notification in Spanish is essential.
The key to any event and the use of state of the art equipment is training. In this
demonstration, it was evident that the First Responders have been training with the new
equipment and are comfortable in deploying it. In a situation of this magnitude a
Command Post (CP) would have been set up. This too would allow the CP to stage away
from the area and oversee the operation with full view of the event via the First
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Responder's video. This is a great advantage not only in this type of situation, but other
life threatening events that take place in any community.
The Chula police and fire departments share a common CAD system to handle all of
their 911 calls. Most agencies throughout the United States do not have this luxury, it
would be too costly for most to switch to a system like this.
The First Responders were very pleased with the new technology as evidenced by their
eagerness to share their experiences with the equipment."
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Overview of the Demonstration
The exercise was conducted the morning of 17 November 2004 in Chula Vista (CV),
California for the purpose of demonstrating proof of concept (POC) for the Chula Vista
Evaluation Project. The demonstration endeavored to maintain realism while still flexing
technical innovations and enhancements.
The exercise consisted of a simulated nuclear-biological-chemical (NBC) incident with
no release of any actual agents. The Chula Vista Computer Aided Dispatch (CAD)
System was operated in Training Mode to avoid any inference with normal city
operations. While the exercise scenario, extent of damage, and level of threat were based
on a hypothetical situation and were not intended as a forecast of future terrorist -related
events, they reflect a current threat to the United States.
The exercise was announced by the Department of Homeland Security (DHS)/Office of
Domestic Preparedness (ODP) [I] in a "Press Kit". The Press Kit text is included
verbatim in Appendix B to present the demonstration in the exact words of the program
team and critical items are summarized below:
Exercise: "Live" Test of Unified First Response to Domestic Terrorist
Strike
Category: Domestic C4SRI
Scope: Municipality (Primary), with National Inter-Agency Connections
Reference Architecture: ODP Command - Response
Concept: Exploitation of Commercial and OTS Technologies to Accelerate
Response
Scenario: Terrorist Attack using HAZMAT Truck on Morning Freeway
Rush Hour
Time: Demonstration events spanned 0700 - 0835 PST with followcup
activities such as interviews with personnel
Date: 17 November 2004
The exercise employed a communications network architecture, which is reviewed in
some detail in Appendix C.
Place: Chula Vista, San Diego County, California
The demonstration exercise was conducted exploiting a combination of permanent,
pre-existing communications systems, and augmentation communications and
networking systems.
The permanent, pre-existing systems included line-of-sight (LOS) analog trunked radio
networks for several CV public safety departments.
The augmentation systems included three 802.llx wireless hotspot radio access points
(RAP), a wired backbone interconnecting the hotspot RAPs and a network architecture
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with application interface terminals called RESPONSEnet. The RESPONSEnet
advanced computer software system, known as a "Command - Response" system is an
advanced command, control, communication, and computing system, which enhances the
abilities of their First Responders (police and fire) to handle any given situation that may
involve local emergencies and terrorism. The RESPONSEnet installation and wireless
infrastructure is in aggregate called the Chula Vista Network.
Background
Similar demonstrations have been previously performed in Hawaii and Chicago,
helping prompt this demonstration. The choice of Chula Vista was influenced at an
earlier time by several factors: I) the city's operation of a Richochet wireless network, no
longer commercially used but still installed and used to provide the mobile hotpoint
backbone, 2) by its state-of-art police department (Ref: Appendix F, Images 003.1-2), and
3) by its proximity to San Diego SPAW AR. See Press Kit [Appendix B] for additional
details.
Objectives
Top level objectives for the CVD included three acquisition-oriented proofs of concept
that presumably span eleven demonstration points, given below in either the exact or
paraphrased words of the Press Kit.
Top level concepts to be validated (and used as a basis for measures of
success):
1. Current commercially available technology can be exploited to create
scalable, malleable, interoperable, responsive solutions
2. The cost to build and deploy these solutions can be less expensive - to
the govemment and to the taxpayers - by orders of magnitude, than
those solutions currently being marketed
3. These solutions can be implemented in timeframes that are a fraction
of what is being required today
Top level demonstration points:
1. Unification oflegacy stand-alone repositories of information
2. Inter-agency communications for rapid notification and coordination
3. Hazardous Material Transport Tracking and Route Expectancy
4. First, Second, Third Level and public Emergency Notification and
Alerting for rapid information dissemination including automated
phone (Voice) notification and procedures, preformatted e-mail
messages containing information pertaining to OPCON 2, and a
web link to full OPCON definitions and procedures.
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5. Event Correlation to dynamically assess, notifY, and inform key
personnel on correlated incidents
6. Streaming video from First Responders to decision makers to rapidly
assess incidents
7. Telescopic camera from First Responders to identifY placard on
damaged HAZMAT container
8. Interactive passing of plume dispersion graphics via CFn to decision
makers and First Responders
9. Interactive Alerting and Notification with push to talk group
connectivity
10. Creation of a "common operation picture" of the "point-of-problem"
11. Constructing capabilities "on-the-fly" to new threats
Lower level objectives must exist to enable the above top-level concepts and points.
Among the solution types identified in the Press Kit are a "multi-protocol secure wireless
communication system" which is the focus of this evaluation. Therefore, we add the
following three lower level objectives:
1. Providing a wireless communications network infrastructure
having the coverage, capacity, latency, interoperability and security
to support data and other communications required to meet the
eleven top level points
2. Providing a wired communications network infrastructure having
the coverage, capacity, latency, interoperability and security to
support data and other communications required to meet the eleven
top level points
3. Providing protocol "metaware" to interconnect the dissimilar end
user protocols of the various communication systems used in the
demonstration
The other seven point solution types identified in the Press Kit which are not being
reported on or evaluated here were:
1. HAZMAT Shipment Tracking System
2. Emergency Alert, Notification and Recall System
3. Protect America: Event Correlation System
4. Consequence Assessment Tool Suite (CATS)
5. Computer-Assisted Dispatch (PolicelFire CAD)
6. Geographic Information System (GIS)
7. Border Patrol Incident Management System
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Scenario
The November 17, 2004 demonstration was simulated as a terrorist strike involving a
hijacked chlorine tanker truck and related diversionary tactic, unfolding in a short time
span of one hour and thirty-five minutes.
Demonstration Scripting
The demonstration followed a pre-planned script of events and responses, probably to
help isolate the efficacy of the technology components and infrastructure from those of
training and inevitable random factors which would likely prolong the exercise and
require additional analyses. The script of events and responses was captured by the NRL
observers into twenty-three (23) significant reference points, which are labeled RPl to
RP23 in this report. The timing and nature of these reference points is indicated in a
"timeline" broken into two parts for convenience in Section 4 in Figures 2a. and 2b.
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Detailed Scenario and Findings
Detailed Scenario
The detailed scenario in terms of events and activities is captured in two "timelines"
shown in Figures 2a. and 2b. These timelines show 23 readily-identified event "steps"
(in consideration of the scripting). In the figures, a connecting arrow generally means an
event is the consequence of a previous event, while a connecting line generally means an
event is simply a new occurrence not directly related to the previous event. Each step is
associated with a capability to be demonstrated and key technologies supporting that
capability, if applicable. Each step is also associated with a consolidated observer report
and finding(s). The other attributes of the tirneline event steps are considered below.
General Observations
The observations in this report are limited to communications-related demonstration.
In communications, the observations tend to be of two kinds: I) performance-related and
2) security-related. However, there are other kinds of observations as well (e.g., those
pertaining to communications management or reliability). The methodology for both
observations and findings is reviewed in Appendix A.
General Periormance Observations
There is an unanswered issue about legal coverage using "unlicensed PCS" such as
IEEE 802.llb. FCC regulations limit transmit power to I Watt into an omni-directional
antenna. While directional antennas can extend transmit range, doubling LOS radial
range for every 6dB of azimuthal gain, this causes the distant power flux density of the
transmit field to increase directly by the gain and this effect is not a well-determined
regulatory matter at present, even though it is being done on a national scale by non-
commercial operators of so-called "Wi-Fi" networks. It should be noted that receive gain
is never an issue in this way, so that at least one direction of a mobile-base station link
can be boosted in performance by gain-ful antennas.
Multicast may be better then unicast for IP distributions of video, data, and VoIP
telecommunications.
Certain communications tasks need to be considered separately and then together as a
whole:
1. Communications mechanisms in the field (such as RF, 802.11 and
voice cross-banding)
2. Means of reach-back from the field to central command (802.11, IDEN,
lXRTT)
3. Information notification and alerting to agency, multi-agency and/or
other entities, in a unified way (CellExchange / Intervoice)
4. The methodes) of general public notification
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General Security Observations
Security of the system was not demonstrated but was discussed after the demo. With
respect to the wireless segment, the demonstrators indicated that they used the Cisco
Mobile IF's Mobile-Home Authentication Extension (MHAE). MHAE uses a 128-bit
pre-shared key between the Mobile Node and the Home Agent. Also mentioned were
Public Certificates for the users of the network, but this was not demonstrated. Also
mentioned and demonstrated was the future use of biometrics for user authentications.
Two issues regarding these are:
1. How is a system going to generate and maintain the Public Certificates? Public
Key Infrastructure is still a costly system.
2. Currently, biometric authentication, such as voice, finger, hand, and facial
recognition, has large false positive (false alarm) and false negative (missed
detection) readings. This is a problem for both actual performance and perceived
performance.
Regarding the 802.llb wireless security, it was indicated that no SSID was broadcast
and that the l28-bit WEP algorithm was used during the demonstration. However, it is
an industry consensus that WEP provides little security.
Reliability Observations
Radio crossbanding using Cisco has the advantage of one box, but its disadvantages are
its single point of failure for all radio communications and bandwidth limitations which
may affect radio throughput.
Consolidated Observer
Report Details
The detailed scenario from a communications and networking vantage is captured in
Table I a. through ld. An important consideration for the entries in Table I is that some
events could not be verified directly or with certainty by the NRL observers in the EOC.
In these cases, the notation "apparently" in the Consolidated Observations column
reflects this uncertainty and the observers' consideration of the likelihood that a visible or
narrated event was not actually real time, being either delayed or pre-recorded for some
purpose. Similarly, in the Action Taken column, the notation "intended" reflects the
observers' understanding that the action is either simply intended or actually does occur
but without verifiability. Both of these notations indicate a limit at which the observers
may have to infer instead of actually seeing evidence of specific activity.
The use of the CATS system allowed for the determination of the area affected by the
plume. This information was used to set up a perimeter of areas for roadblocks, which
saved the officer and the command center valuable time. However, it did not show any
evacuation routes or what you would do with the existing traffic in the area.
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Consolidated Findings
Procedural Findings
The Chula Vista Demonstration showed a multi-agency unified response to a simulated
threat, spanning across the municipality of Chula Vista and a national scale by involving
software components in other, widely-separated locations (e.g. Florida). Multiple
advantages were demonstrated in actual deployment as well as in principle (i.e.,
conceptually). The different steps of a carefully-scripted scenario and the response came
off as apparently intended by the demonstration organizers.
Performance Findings
The demonstrated architecture added new capabilities (i.e., capabilities unavailable in
many if not most current EMS implementations):
· Voice and data communication paths, exploiting VolP for digital voice
· Video communication paths, exploiting high data rate IEEE 802.11b wireless
networking at actual field sites in the greater Chula Vista area
· Redundant paths for communications continuity during primary path failure
· 802.11b commercial-grade wireless networking for multimedia, implemented
by a specialized vehicle equipment suite integrated by Antin Engineering, Inc.
· Mobile lP for continuity across multiple 802.11 b coverage areas
· Single point-of-integration of essentially all incoming information and analyses
(at an EOC) for emergency management and decision making
· Inter-agency communications paths through voice cross-banding
· Application interfaces over a standardized lP network using SOAP and other
standard protocol~ for synchronization of different software
The demonstration simplified some of these issues so as to concentrate on the
functionality and viability of the design and showed the ability to connect all of the
various pieces together.
The demonstration welded together real time events and pre-recorded information
events for the convenience of observers, somewhat "blurring" the line between the actual
real time sequence of simulated events and a strictly non-real time "presentation format"
of information that mayor may not really be available to EMS decision makers in an
operational system.
Security Findings
The security features of the demonstration was not completely evident to the observers
and relied to some extent on Q&A rather than witnessing. The following findings appear
to be mostly reliable by the observers:
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. Wireless security was either minimal (e.g., commercial grade WEP in 802.11b
networks) or not evident (e.g., for trunked radio nets)
. . Wired security was not fully disclosed as official information (no informative
discussion of VPN security or security involving SOAP transfers)
. Interface security (to auxiliary systems such as CAD and public notification
systems) was not fully disclosed as official information and hence is unknown to
the observers
. No apparent attempt to secure identities of First Responders (e.g. using biometrics
or other means) other than their presence at the mobile platforms
. Overall, security needs to playa much more prominent role in the future in both
demonstration proceedings and the architecture
2~29
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Conclusions, Recommendations, and Next Steps
Conclusions
The Chula Vista demonstration illustrated a successful blend of communication and
software applications in multi-agency unified response to a mock real world terrorist
threat. Multiple advantages were demonstrated in deployment as well as proven in
concept. The use of the pre-existing Ricochet infrastructure provided a ready network
backbone to support Antin Engineering's Mobile IP architecture in passing data to/from
mobile First Responders around the city. One can easily see the virtue of this type of
technology in cities around the United States.
The consensus of NRL observers was that the demonstration met its main objective, to
demonstrate an architecture and implementation that provides substantial improvement
for public safety personnel by allowing more effective and efficient communication,
better situational awareness, and less error prone (automated) no~ification and alerting
capabilities.
Several areas, however, need to be addressed before proliferation of this type of
system. The first is the availability of wireless hotspots in adopting communities.
Although urban environments increasingly have Wi-Fi, without sufficient 802.11 hotspot
coverage another means is required to pass data. The second concern is the accurate
timing of the entire system. GPS would be an ideal mechanism to accurately tag event
data, although network-wide synchronization protocol is also needed. The third area is to
run this scenario again, without pre-recorded data and without having to stop, reset, and
restart the demonstration. The key here is to work out the bugs in the system. Each piece
of the scenario seemed to work well individually, but not as well collectively.
As this architecture is further refined, it will also be prudent to get a better
understanding of the specific communications and inter-agency requirements, as well as
uptime, bandwidth, time stamping, security, and legal requirements to ensure that the
implementation addresses all of the requirements and is flexible enough to support future
requirements as well.
Chula Vista is seen as a "living test bed" to support a national level IV & V effort in
refining command - response systems. The city demonstrated technology-savvy First
Responders who are eager to learn new technologies and local officials committed to
making these technologies work. A perpetual demonstration and refinement of the
technologies exercised in the Chula Vista Demonstration in concert with actual First
Responders is the only viable way to produce an exceptional solution that will ultimately
be adopted by First Responders around the country.
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Recommendations and Next Steps
Procedural Recommendations
The operational requirements for the Chula Vista Network require refinement to
express both a better specification for an operational system and a more complete set of
measures of success for an advanced demonstration.
Not fully addressed by this demonstration is the issue of how inter-agency connectivity
will work (e.g., how they are going to share information and how they are going to
protect the integrity of their information). Potential solutions to these issues should be
clearly illuminated in a future demonstration.
It is higWy recommended that the future demonstrations and the testing are conducted
with the witness of an honest government broker such as NRL. It is important to conduct
a long-term thorough testing, site survey, simulation, and analysis by the honest broker
red team before the technology deployment. Below are some of the suggestions from
demonstration.
The demonstration system should be tested in a more dynamic environment with some
pre-planned events and some events that are unknown to the operators ahead of time to
higWight areas that need additional time and effort. These are advanced methods leading
to an operational system and it is not implied that this early demonstration lacked such
features as a shortfall.
Performance Recommendations
It is recommended that technical studies on effective throughput of wireless
technologies with encryption and time stamping be conducted so as to better understand
the constraints on the environment.
It is recommended that some simplifications (such as using IP addresses rather than
host names) be removed for better comprehension to both users and observers.
It is recommended that in future demonstrations all video devices send their data to the
server and then have everyone access the video data from a server rather than directly
pulling the video from source.
It is recommended that future demonstrations implement GPS technology to time and
geographically synchronize data with appropriate tags, and also to implement a network-
wide time synchronization means such as NTP.
It is recommended to implement a Network Monitoring system. Use Simple Network
Management Protocol (SNMP) to collect network status information and report back to a
central place.
It is recommended that future demonstrations combine Wi-Max (802.1 Ix wireless
network technology with directive antennas) or satellite technology together with
802.11x technology during emergencies since cellular networks and 802.11x ad hoc
networks may become quickly saturated.
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Security Recommendations
Overall, it is recommended to implement stronger security in all components of the
command - response system. This may be the single most critical reliability and
confidence issue in networking. Existing security measures are probably inadequate for
an operational system dealing with professional-level security adversaries who will try to
circumvent security measures in a real terrorist operation.
Regarding biometrics, they are recommended for use only for gathering information for
future systems. This is because biometrics are not ready for "prime time" and definitely
don't work in the type of dirty environment which the First Responders will be working
in. Additionally, there will be a lot of background noise and the First Responders will be
working under stressful situations. It is best to stick with something that you know and
have, rather than something that is not ready for the actual hostile environments in which
the First Responders work. However, an operational system must have the confidence
built in that the communicators "are who they say they are" and a biometric system may
be part of that solution in the midterm future.
There may be a serendipitous additional utility in this demonstration system to get
more "bang" for the demonstration buck. If the system is continually running for
extended periods it may make a useful "Honey Pot" system. A Honey Pot system is a
network where the operators learn how adversaries hack into systems. At a very simple
level, this works as follows. When the system is not being used there should be no real
traffic on the network. If traffic appears on the system then the operator knows
somebody is trying to hack in.
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Appendix A - Evaluation Methodology
This entire section is a brief su=ary of how inputs were obtained from observers and
processed into a step-oriented sequence designed to evaluate component efficacies and
then generating the architecture and operational evaluations. Note: The formalized NRL
"Quicklook" methodology, which focuses on specific technology strengths, weaknesses
and alternatives, is not an aspect of this report which is limited to demonstration
performance.
A.I
Observation
This section considers the circumstances of the observers during the demonstration, the
availability of information, and observing uncertainties.
Five team observers from NRL were briefed prior to the event and stationed at the
EOC for the CVD on demonstration day. The basic layout of the observer team
environment for the real time unfolding of demonstration scenario events viewed in the
EOC is shown in Figure 1. Approximately 40 to 50 persons were in the EOC during the
demonstration.
Three overhead projection screens were connected to three of six total EOC
workstations running software, depicted in Figure 1 to the best recollection of the NRL
observers. Observers saw the views of three operators using primary software: CFn,
GEOVIZ (mapping and plume model) and Video feeds. Additional software (CATS and
ECS, among others) was employed, locally and remotely. The best understanding of the
control and/or view of the addition software is indicated in Figure 1 [Ref: Appendix F,
Image 001.1].
The demonstration started with a walk-through of the scenario. When the live
demonstration sequence began, observers could see updates of tracking of suspect and
responder vehicles, and a timeline of events was superimposed on the middle (GEOVIZ
display) screen.
NRL observers noted some difficulties following the events in real time. In effect, it
was difficult to verify that all activities actually took place from the correct location. A
question left unanswered in full was, "is the scenario detail actually occurring that way in
the live demonstration?" While all three projections could be clearly seen, information
from the computers controlling the projections (i.e., operator command execution, etc.)
was not generally seen or known, in particular information about "forms" and other
input/output (I/O) to/from programs and connected hardware. Some of this information
may have been available via an expanded initial (pre-demonstration) Q&A process with
the program developers and operators; however, the existing Q&A did not go far enough
to make fully clear all the relationships between operators, software and hardware. It is
also noted that there was some "confidential information" in the demonstration that was
intentionally not shown to observers.
As the demonstration proceeded, there was some degree of certainty for the NRL
observers that at least some events were "pre-recorded" and not actual real time
information presentation. This seemed to be corroborated by timeline event notices on
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the right screen not matching wall clock time. Additionally, some events seemed to be
well off of "network time", which had been expected (via Q&A) to provide time
stamping for essentially all events. Some of these apparent non-real time events had the
look of a "prepared presentation" as opposed to a live sequence. However, there were
also clear real time events happening, such as dispatches, cell phones ringing, etc.
~...
CFn- .;.....~.... Other
(& CAD) N.".tor lunctions ~
ECS ~
GEO CATS (Web) ~
.v.o (Pp ~
~~f1f1f1f1lJij(lfIllflllfllfltfl
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liIltJJI (including Observers) W!1(f(
~lJij(~!Jf!!Jf!lJij(lJij(lJij(~lJij(lJij(1fIl
Figure I EOC Layout for Demonstration Day
A.2
Reduction to Findings
The demonstration timeline of events, actions, capabilities being shown, and key
technologies relevant to each event were consolidated from two observer reports. Most
of the NRL observers were then interviewed by a centralized report integrator. The NRL
observers also provided individual findings, recommendations, suggestions for next step
demonstrations, and conclusions about the CVD. These individual inputs were
consolidated and fed back to the observers for accuracy and completeness checks prior to
finalizing this report.
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Appendix B - Text of the Official eve Press Kit
Press Kit contents follow unabridged. This is the official description of the
demonstration by its organizers.
Department of Homeland Security (DHS)/Office of Domestic Preparedness
(ODP), the City of Chula Vista and Space & Naval Warfare Systems Center,
San Diego Announce a "Live" Test of the Command Response based
Unified First Responder Coordination Project for Domestic C4SRI
A significant Proof of Concept (POC) event will occur that has the potential to
change/alter/improve the ability of municipalities to respond/communicate to situations
requiring First Responder involvement and/or assistance. The basis of the POC is to
demonstrate how the intelligent exploitation of commercially and readily available
technologies can improve communications, accelerate the response times of First
Responders and allow a more effective and efficient Command and Control function.
The POC will be demonstrated by the running of a 'live' exercise simulating a terrorist
attack on a HAZMAT material shipment within the limits of the City of Chula Vista, during
the morning rush hour.
The exercise is designed to test what would become the first implementation of ODP's
'Command Response' reference architecture. Command Response defines a new
blueprint for providing all levels of government with an information sharing and command
& control backbone to integrate public safety, emergency preparedness & homeland
security initiatives/capabilities.
The three cornerstone concepts of Command Response are wireless interoperability,
computing interoperability and Extreme Event Notification. Further, Command
Response utilizes current commercially available, open and scalable technology, at
reasonable costs.
The POC will be held within the City of Chula Vista on Wednesday, November 17th, 2004
commencing at 0900 and will conclude by 1030. There will be a pre-brief at 0800 and an
out brief at 1300.
Within this narrow yet realistic time window, there will be a number of demonstration
points, many showing new capabilities, including:
. Unification of legacy stand-alone repositories of information
. Inter-agency communications for rapid notification and coordination
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. Hazardous Material Transport Tracking and Route Expectancy.
. First, Second, Third Level and public Emergency Notification and Alerting for
rapid information dissemination including automated phone (Voice) notification
and procedures, preformatted e-mail messages containing information pertaining
to OPCON 2, and a web link to full OPCON definitions and procedures.
Press Kit Contents, continued
. Event Correlation to dynamically assess, notify and inform key personnel on
correlated incidents
. Streaming video from First Responders to decision makers to rapidly assess
incidents
. Telescopic camera from First Responders to identify placard on damaged
HAZMAT container
. Interactive passing of plume dispersion graphics via CFn to decision makers and
First Responders
. Interactive Aierting and Notification with push to talk group connectivity. ,
The Command Response based Unified First Responder Coordination Project is a
collaborative effort between government agencies and private industry to establish a
new approach to Domestic Command, Control, Communications, Computing,
Intelligence, Surveillance and Reconnaissance (C4ISR) for municipalities.
Today's domestic public safety, emergency management and homeland security
professionals must deal with information overload, new types of threats and a complex
field of engagement while attempting to achieve situational awareness and make critical
decisions under a high degree of uncertainty . The current monolithic information
systems supporting these efforts were designed to accomplish singular functions with
each system requiring its own information management and processing infrastructure
(Point Solutions). These systems are difficult to adapt or enhance and limited horizontal
integration of information amongst the systems exists. Creating a common operational
picture of the 'point-of-problem' is difficult at best. To make matters worse, local, state
and federal government agencies pay for this infrastructure each time they acquire a
new capability.
Coordinators, First Responders, and other participants need information management
and interchange that supports configurable, dynamic and timely access to all required
information enabling real-time planning, control, and execution of the domestic incident
response mission (Domestic C4ISR). Furthermore, the dynamics of the new threat
require the ability to rapidly construct new mission capabilities 'on-the-f1y',
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A successful test of the Command Response based Unified First Responder
Coordination Project for Domestic C4SRI will validate three key concepts:
1) Current commercially available technology can be exploited to create scalable,
malleable, interoperable, responsive solutions
2) The cost to build and deploy these solutions can be less expensive - to the
government and to the taxpayers - by orders of magnitude, than those solutions
currently being marketed
3) These solutions can be implemented in timeframes a fraction of what is being
delivered today
Press Kit Contents, continued
Participants in the collaboration include:
Government Aqencies
Office of Domestic Preparedness (ODP/DHS)
Space & Naval Wariare Command (SPAWAR)
SPAWAR Systems Center San Diego (SSC SD)
Navy Research Laboratory (NRL)
City of Chula Vista Agencies
City Manager's Office
Police Department
Fire Department
Public Works Department
Emergency Services Department
San Diego County HAZMAT Team
California Highway Patrol (CHPS)
US Border Patrol
Scripps Hospital
Private Industrv
Antin Engineering
Qualcomm
TechAlt
I ntervoice
Emergency Email Network
Cell Exchange
Cisco Systems
Cross Current Systems
CASE
The Point Solutions include
- Multi-protocol secure wireless communication system
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- HAZMAT Shipment Tracking System
- Emergency Alert, Notification and Recall System
- Protect America: Event Correlation System
- Consequence Assessment Tool Suite (CATS)
- Computer-Assisted Dispatch (Police/Fire CAD)
- Geographic Information System (GIS)
- Border Patrol Incident Management System.
The City of Chula Vista is located between the City of San Diego and the border with
Mexico. Chula Vista has been identified as the seventh-fastest growing municipality in
the country. It has a major transportation corridor (Interstate-5), waterfront shipping, its
own power plant, international airport access and sits in the middle of a significant
Greater San Diego military-industrial complex.
Antin Engineering is the pivotal contractor in a consortium of eight industry vendors,
three DoD laboratories, three federal agencies, one state agency, one county
organization and the first responder agencies of the City of Chula Vista, CA. that were
funded by ODP to demonstrate an initial instance of the Command Response
architecture.
Press Kit Contents, end
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Appendix C - Network Communication Architecture
C.t
Top Level Architecture
The CV Network details are shown in Figure C.l at a top level.
The architecture divides into wireless and wired segments. Two types of wireless were
featured: I) standard-issue VHF and UHF trunked radio networks supporting voice and
perhaps short messaging, and 2) wireless hotspot data networks supporting all media
types. The trunked radio (typically 150 MHz and 800 MHz resp.) is relatively long
range, often working past the visible horizon (there is insufficient room to properly
describe RF limitations due to multipath and shadowing), but not necessarily deeply into
buildings. LOS ranges of many miles are possible under average conditions. Clearly,
ranges depend critically on topography and structures, etc., and vary by large factors (>
10) for the worst local circumstances compared to average conditions, so it is not possible
to make accurate generate representations about trunked radio range. Relay points in the
VHFIUHF systems help work around many ofthese limitations. The wireless hotspot
networks were at 2.4 GHz and have much more restricted LOS range due to low EIRP
power (due to mobile omni antennas) and larger free space propagation loss.
C.2
Networking
Evaluation of 802.11 wireless in a First Responder application should consider at least
the following criteria: 1) cost, 2) scalability, 3) available bandwidth, 4) standard
interfaces, 5) performance in mobile environments, 6) availability during an emergency,
and 7) transmission reliability in environments with multipath signal fading.
The 802.11 (b) standard can provide up to II Mb/s of bandwidth, but it was not
specifically designed for use with mobile (moving) transmitters and receivers. Its general
operating frequency is 2.4 GHz. Because its range is limited (when using omni-
directional antennas), implementation on a metropolitan scale would require an access
point every block or two. This would require installation of equipment and negotiation of
rights-of-way where coverage is needed. Further, the signal could be blocked by
something as common as a tree without leaves.
IEEE 802.11 Wireless
While wide area networks have been deployed using 802.11 (b), because of the time
frame, infrastructure cost, maintenance cost, security vulnerabilities, and signal blockage
issues, this technology was not considered a good choice for our application.
The other criteria above present these general characteristics in 802.11 (b):
Cost: Equipment cost is low. However, there are potentially high deployment and
maintenance costs, especially if right-of-way access does not exist.
Scalability: This technology does tend to scale. Increasing a network is typically
accomplished by adding access points.
Available bandwidth: Standard 802.11 (b) can provide up to II Mbps.
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Standard interfaces: Most 802.11 (b) receivers are integrated, or they connect via
standard interfaces such as PCMCIA.
Performance in mobile environments: Poor for the standard 802.11(b).
Standard protocols support: Yes (IF).
Availability during an emergency: Yes. When engineered with QoS (Quality of
Service), it is possible to control network traffic to provide priority services.
However, the use of unlicensed spectrum can create unforeseen vulnerabilities if
another user in the same area brings similar equipment online.
Reliable transmission in environments with multipath signal fading: 802.11 (b) is not
generally reliable in environments with multipath signal fading. Because of the
frequencies and modulation involved, rather innocuous objects such as dormant
vegetation can affect the 802.11 (b).
C.3
Coverage
Wireless Hotspot
The wireless hotspots were pre-arranged at three locations with somewhat-overlapping
coverages. [In practice, coverage is a function of data rate and could extend farther (at
lower rates) than in this demonstration which used a fixed 11 Mbps rate for all IEEE
802.11b links.] The hotspots were all located on locally elevated terrain or structures for
better coverage performance, but individual hotspot coverage is on the order of one (1)
mile. The aggregate coverage of the three hotspots is shown in Figure C.2. The
individual predicted coverage for the Congregation Tower RAP is shown in less detail in
Figure C.3 as an example of single site coverage. Software-predicted signal strength is
color-mapped according to the legend. A distance scale in Figure C.2 is indicated and
reliable coverage (at 11 Mbps) occurs for signal strengths (at the antenna terminals of the
adapter radios) above about -75 dBm; locations in yellow/gold color are becoming
unreliable in coverage. [It should also be noted that future wireless technology will use
"smart antennas" with significant gain and possibly even multipath power recovery. This
may be expected to increase ranges at a given data rate by a factor of two (2) or more in
the near term with attendant cost of acquisition.]
C.4
Mobile IP Technology
The 802.11 b wireless network used a Cisco implementation of "Mobile IF" protocol
(an IETF standard) which allows connections to "opportunistically" use whatever LAN
connection can be "seen" to securely connect with other Internet hosts (PC's,
workstations, servers, etc.) using a "Foreign Agent - Home Agent" scheme where
connections are secured via the user's own Home Agent account, but directly handled for
speed and efficiency (and congestion avoidance) by the local Foreign Agent acting as a
proxy for the Home Agent. New Foreign Agents can be picked up "on the fly" replacing
old Foreign Agents which may be less reliable or have disappeared. Figure C.l shows
that each mobile platform also contains a router which is used to select alternate paths
through the mobile IF and radio infrastructure in real time. In principle, this permits
23.47
FOR OFFICIAL USE ONLY
CV 120-Day Demonstration: Attachment 1
uninterrupted file transfers and interactive sessions as the mobile user enters and leaves
hotspots. It cannot, of course, overcome lack of coverage. When everything is working,
the intent is to make the connection by the mobile user seem continuous and virtually as
secure as if the user was directly connected to his "home system" LAN.
C.5
Wired Infrastructure
The wired infrastructure includes 1) a special "backbone" for carrying the wireless
hotspot traffic, 2) general Internet provider services for interconnecting facilities (both
within the Chula Vista area and across the nation, and 3) local area networking for
interconnecting "core" network services like servers, converters and workstations. The
backbone remains from a legacy Metricom Ricochet@ network that runs along major
roads. Hence the backbone connection from the Youth Center to the Nature Center runs
along a major road which was used as a fust responder site for inspecting the explosion
event shown just below this line.
The Internet provider service allowed the entire local network to exchange IP data in
real time with distant servers which provided such components as the ECS, the
emergency email system and the notification system.
The local area network included the special converter hardware/software that interfaced
the VHFIUHF radio systems into the IP network, as well as landline telephones, a server
and a set of six workstations in the EOC. This LAN was implemented using VPN
methods for a measure of security.
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Figure C.2 Predicted Aggregate Coverage from 3 IEEE 802.11b Hotspots
Figure C.3 Predicted Individual IEEE 802.11 b Hotspot Coverage
2Yso
FOR OFFICIAL USE ONLY
CV 120-Day Demonstration: Attachment 1
Appendix D - Summary of Pre- and Post-Demo Q&A
The following questions were generated both before and after the demonstration by
NRL. The answers were provided via the Chula Vista Demonstration support personnel
at SPA WAR SSC - San Diego.
1. Question: During the demonstration, event summaries were shown on
the middle screen. The time stamps on these events suggested that the
even descriptions were pre-recorded (canned), yet tracks for some of
the vehicles seemed to be closer to real-time. How much of the demo
was playback of recorded information and how much was actual events
in real time?
Answer: The time stamps should not suggest that they were pre-canned.
Only the lat/long is pre-canned. The time stamps are generated once the
lat/long is received.
There were three aspects that utilized stored information:
I. The portion of the HAZMA T Transport run from 50 Miles out (T + 15)
down to the 5/805 split (T +50). At the split, we switched over to live track
information. This was done to afford us the ability to accelerate the scenario.
Instead of keeping the audience waiting around for the 35 minutes it would
take for the actual drive, we captured that portion of the run the day before.
II. Some icons placed on the geospatial (middle) screen to highlight the event
that was occurring. These were created to augment the narrator's
explanation of what event was occurring. They referenced the event and the
time it was listed on the Proof of Concept sheet.
III. Separate from this exercise, Chula Vista has purchased GPS systems for
their First Responder vehicles. They hadn't been installed. However, this
capability would allow the icons of the vehicles to be displayed on the
geospatial screen. We utilized stationary First Responder icons to show the
vehicle locations at the incident and demonstrate the link to their video.
2. Question: Are packets of each communication stream from the
vehicles tagged with GPS time and GPS location? If so, is the event
correlation engine (wherever it resides) also synchronized to the same
GPS source?
Answer: Not yet, but will be in the full rollout. See Question 1 Section lli.
2~1
FOR OFFICIAL USE ONLY
CV 120-Day Demonstration: Attachment 1
3. Question: Are any network management tools used? If so, which and
are these proactive or reactive tools?
Answer: No - A standard suite of network management tools is available for
integration. Cisco devices within the Mobile Network are capable of
reporting on numerous values. The level of proactive management is
determined by the resources available (human and capital).
4. Question: It was communicated that there was automatic failover
between the various paths available from the vehicle out to the rest of
the components (somewhere on the Intemet), Is this priority
configurable in the field? Is this a failover capability only or is "load
balancing" in place as well?
Answer: We had multiple paths from the vehicle back to the home network.
The Vehicle will failover seamlessly to the other paths to enable a session
persistent communications. The paths prioritization is determined during
configuration.
5. Question: Was there any Dual Tone Multi Frequency (DTMF)
capability such that radios equipped with a key pad could enter text for
events or CAD messages directly? Could DTMF be used to allow the
radio operator to use a keypad to configure cross-banding?
Answer: TechAlt question. This is dependant on the software being
implemented and the ability to import data from multiple media sources.
6. Question: What was the location ofthe vehicles "HOME AGENT"
router? Were all the vehicles using the same "HOME AGENT" router?
Answer: For the demonstration, the Home Agent (HA) was located at the
Chula Vista City Hall. All of the Vehicles were connected to the same HA.
7. Question: How many mobile nodes would need to be supported in a
full implementation?
Answer: We understand a mobile node to be a vehicle equipped with Techalt
CM4000 communication module. Optimal coverage would be equipping all
public safety vehicles. The number of vehicles equipped would be
determined by the customer For a 100% coverage based on 802.11
technologies, many TechAlt 802.11 hotspot radios would be needed. A
thorough site survey taking into account buildings/structures, land
contour/topology, trees, etc is required. However, with the alternate uplink
2~2
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paths enabled (Verizon & Nextel currently in Chula), near-lOO%
connectivity is achievable.
8. Question: Have you analyzed or received any studies on the
performance of "Mobile IP" with the numbers of mobile nodes that this
system would need to support in a real life application?
Answer: Software applications (business needs) determine the number of
nodes and minimum data rate required to run the business functions. Hot
Spots supporting 54Mbps are becoming common. However, when Corporate
T-llinks (1.5Mbps) are used as the return path for Mobile Networks (and
continue to carry existing corporate traffic), the bottle neck is no longer the
wireless access point. Proper sizing between softwarelbusiness needs and
uplink paths should be followed.
9. Question: Was Dynamic Domain Name Service (DDNS) used in your
network or were you using standard DNS or IP addresses?
Answer: We used standard static IP addressing for the demonstration.
10. Question: Is it correct to say that officers in the vehicles can use WEB
page access to enter CAD dispatches?
Answer: No, the CAD System will not be web enabled. It is the SOP to have
entries only from the dispatchers.
11. Question: What other capabilities to operators have through the WEB
page (with regard to dispatching, event correlation, notification, etc)?
[other than general Intemet resources]
Answer: Depends how much they want to spend on integration and other
enhanced software programming"
12. Question: Assuming that a WEB server is available for
dispatch/notification and that various "systems" or "applications" need
to be fed with information from these activities and that these systems
or applications may reside in geographically dispersed locations, what
is the mechanism for updating all of the applications? Whose
(application, person, etc) responsibility is it to ensure that all the
parties that required receipt ofthe information actually received it?
Answer: Antin is responsible for feeding information to the various
"systems" and "applications. The protocol used for feeding the messages is
SOAP.
2~3
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13. Question: Are SOAP messages being used for the transfer of
information? Ifnot, is there any standard employed for information
transfer?
Answer: SOAP 1.1 is used for client messages and JMS for internal
messages. JMS could be used for external client messages, however most
clients currently do not have that capability.
14. Question: Is Network Time Protocol (NTP) being used for network
component time setting?
Answer: For the demo we were not using any time coordination. We
discussed the need for using a coordinated time service with the engineers at
CellExchange (and others), and will implement a requirement for time
coordination for the full rollout.
15. Question: Have you performed any bandwidth analysis on each of the
link types? If so, do you know the effective bandwidth available on
each? With encryption?
Answer: We have tested with multiple encryption schemas. The bandwidth
varies per encryption schema.
16. Question: What was the bit rate that was used for video transmission?
Answer: The bit rate varied depending on the path connecting to the vehicle
back to the Home Network.
17. Question: Did the source of the video control the bit rate used? Could
the requesting party choose the bit rate?
Answer: The source of the video did not control the bit rate. The bit rate
depended on the path connecting the vehicle.
18. Question: Was there any audio capability tied to the video
transmission?
Answer: Audio is tied to the Video and recorded in the vehicle. At this time
only live video is being transmitted to the home network.
19. Question: The vehicles have 2 separate 802.11 channels. One for
reach-back to the Internet and the second to provide an 802.11 service
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to the operators within the vicinity of the vehicle. What kinds of
communication was this meant to allow for? (PDA, wireless camera??)
Answer: One 802.11 channel is used for connecting to the Hotspot with
connectivity to the home network. The other is used for connectivity to the
vehicle for PDAs and Wireless devices as well as for Vehicle to Vehicle
connectivity in an incident area network. Neither channel connects to the
Internet.
20. Question: Do the vehicles have DHCP servers allowing walk-on laptop
connection?
Answer: This is an option. For security reasons, DHCP is disabled by
default.
21. Question: Can you provide a network diagram of Radio Cross band
Tech (i.e., Max # RADIO Handled by one Cisco Box)?
Answer: Clarification is needed, Are you referring to LMR Radio
connected to WAVE or communication to the vehicles?
22. Question: Can you provide 802.11 B Tower Info? Height, Antenna
Type & Gain, Max Power
Answer: Depends on the location. A site survey would determine the
optimal values.
23. Question: Can you provide the number of hotspot access points?
Answer: For the Demo, three 802.11 Hot Spots were used.
24. Question: Can you provide the GIS data from Chula Vista from
Nancy?
Answer: Yes.
25. Question: I'd like to get some more info on the WAVE software. Do you
have any documents I can look at?
Answer: There are User and Admin Guides as well as sample networks at
the Twisted Pair web site.
26. Question: Can you get a GUI snapshot or Web Link of the screens we
saw.
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Answer: Yes, assuming efn portal is still up.
27. Question: During the demo there was mention of the system
threshold. How do you define the threshold?
Answer: These were broad stroke values for the demonstration. Part of the
full rollout entails the required data collection to establish a quiescent value
and frequency metrics which will define the thresholds.
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Appendix E - Listing of Participating Organizations
( )* indicates that organization was known to be present at the demonstration with the
number of confIrmed representatives in parentheses. There may have been other
organizations present as well, and/or greater representation than indicated here, but this
information was not available from the sign-in sheets.
Antin Engineering, Inc. *
CellExchange, Inc.
Cisco Systems, Inc.
Digital Sandbox (1)*
Duke Energy
Emergency Email & Wireless Network, Inc. (EEWN)
ffiM (1)*
Intervoice, Inc.
Legnem Group, Inc. (LGI), (2)*
NRL (4)*
ODP (5)*
Osmose Utilities Services, Inc.
Qualcornrn, Inc.
Scripps Hospital, San Diego
SPAWARPMW-150 (2)*
SPA W AR SSC - Charleston (3)*
SPA W AR SSC - San Diego (17)*
Sweetwater School District, Chula Vista, CA
Technology Associates International Corporation (TAlC)
TechAlt, Inc. *
US Border Patrol
~7
FOR OFFICIAL USE ONLY
CV 120-Day Demonstration: Attachment 1
Appendix F - Imagery References
Image 001.1 EOe Room with Three Screens
Image 001.2
EOC Room Center Display of Plume Prediction
24GB
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Image 002.1
Fire Chiefs Truck
Image 002.2 Fire Chiefs Truck Interior with computer and trunked radio handset
24<69
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Video Camera in Fire Chiefs Truck
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Image 002.4
TechAlt Mobile Data Radio in Fire Chiefs Truck
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Image 003.1
Police Van to be used as mobile command center
2.ffli 1
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CV 120-Day Demonstration: Attachment 1
Image 004.1
Police Squad Car with computer and Web display
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FOR OFFICIAL USE ONLY
CV 120-Day Demonstration: Attachment 1
Appendix G - Glossary, Acronyms and Abbreviation
C4 Command, Control, Communications, Computing
C4ISR C4 (plus) Intelligence, Surveillance and Reconnaissance
CAD Computer Aided Dispatch (system)
CATS Consequences Assessment Tool Set
CFn Composable FORCE net (software)
CV Chula Vista (California)
CVD Chula Vista Demonstration
CVPD Chula Vista Police Department
CP Command Post
dE decibel
dEm decibels referenced to one (1) milliwatt
DHS Department of Homeland Security
ECS Event Correlation Software
EIRP Effective Isotropic Radiated Power (considers antenna gain)
EMS Emergency Management System(s)
EOC Emergency Operations Center
FD Fire Department
GIS Graphical Information System
GPS Global Positioning Satellite (service or system)
GUI Graphic User Interface
HAZMAT Hazardous Material
I/O Input (and/or) Output
IEEE Institute of Electrical and Electronic Engineers
IP Internet Protocol
IV&V Independent Verification & Validation
JTTF Joint Terrorism Task Force
LMR Land Mobile Radio
LOS Line of Sight (unobstructed radio propagation path)
Mbps Mega-bits per second
zl163
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MHAE
NBC
NRL
NTP
ODP
OPCON
OTS
PCS
PD
POC
Q&A
RAP
sm
SNMP
SOAP
SPAWAR
SSC
ssm
UHF
VHF
VoIP
VPN
VTS
WEP
Mobile-Home Authentication Extension
Nuclear-Biological-Chemical (event, attack)
Naval Research Laboratory
Network Timing Protocol
Office of Domestic Preparedness
Operational Condition (level)
Off The Shelf
Personal Communications System(s) (wireless)
Police Department
Proof of Concept
Questions and Answers
Radio Access Point (wireless node for remote terminals)
Special Investigative Unit
Simple Network Management Protocol
Simple Object Access Protocol
(Naval) Space Warfare (Command)
SPAWAR Systems Center
Service Set Identifier (802.11 wireless networks)
illtra High Frequency (typ. 300 - 3000 MHz)
Very High Frequency (typ. 30 - 300 MHz)
Voice over IP (general and specific techniques)
Virtual Private Network
Vehicle Tracking System
Wired Equivalent Privacy (802.11 wireless networks)
24<54
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2-65
Attachment 3
Regionallnteroperability Communications
for the South Bay Region of San Diego County
Preliminary Project Cost Estimate & Phasing Schedule
Year Wireless Network Voice Public/Agency Total Project
I nteroperability Alerting
FY06 $ 1,000,000 $ 250,000 $ 200,000 I $ 1 ,450,000
FY07 $ 1,000,000 $ - $ - $ 1,000,000
FY08 $ 1,000,000 $ ; $ 1,000,000
- , $ -
I
$ 3,000,000 $ 250,000 $ 200,000 $ 3,450,000
City ofChula Vista (07/20/2005)
2-66
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE FILING OF A
GRANT APPLICATION TO THE DEPARTMENT OF
HOMELAND SECURITY FOR SAN DIEGO REGIONAL
TECHNOLOGY PARTNERSHIP FUNDS TO
ESTABLISH COMMUNICATIONS INTEROPERABILlTY
IN THE SOUTH BAY REGION OF SAN DIEGO
COUNTY.
WHEREAS, in times of disaster and other emergencies, the objective of
tactical leaders is to achieve situational awareness and make critical decisions under
a high degree of uncertainty; and
WHEREAS, technical differences between the current information systems
being used by seven law enforcement and other agencies, local prominent facilities
and institutions, and the fire departments, police departments, emergency and public
services departments of the Cities of San Diego, Imperial Beach, Coronado and
National City, can impose limitations on their ability to quickly communicate with
each other; and
WHEREAS, the South Bay's regional and local coordinators, first responders,
and other agencies seek a seamless regionwide broadband wireless infrastructure
that overcomes these technical differences and enhances information management
capability; and
WHEREAS, the City of Chula Vista recently completed a successful
demonstration of regional interoperability in wireless communication in collaboration
with the Office of Domestic Preparedness and the Space and Naval Warfare
(SPAWAR) Systems Center San Diego and a number of technology partners; and
WHEREAS, the City of Chula Vista proposes to take the lead and work with
the Department of Homeland Security and San Diego State University in
implementing .a full rollout of a program that will establish the needed interoperable
communications throughout the region; and
WHEREAS, the project proposes to create beneficial partnerships with
multiple agencies in the South Bay region; and
WHEREAS, grant funds have become available, on a competitive basis,
through the Department of Homeland Security's San Diego Regional Technology
Partnership to fund such projects; and
WHEREAS, the Regional Technology Partnership grant program does not
require the commitment of matching funds;
2-67
NOW, THEREFORE, BE IT RESOL VEP that the City Council of the City of
Chula Vista does hereby authorize the filing of an application for local assistance
funds through the San Diego Office of Homeland Security for $3.4 million in
Regional Technology Partnership funds to establish communications interoperability
in the South Bay region of San Diego County.
Presented by
Approved as to form by
Louie Vignapiano
Director of Management & Information Services
11CM- ~
Ann Moore
City Attorney
Richard P. Emerson
Chief of Police
Doug Perry
Fire Chief
2-68
COUNCIL AGENDA STATEMENT
Item .?
Meeting Date 8/23/05
ITEM TITLE: Resolution Walvmg the formal consultant selection
process and approving an agreement with Granicus, Inc. for implementation of streaming
video capability on the City of Chula Vista website, and authorizing the Mayor to execute
said agreement.
SUBMITTED BY:
City Clerk Jj;
Director, ~fV P
Director, Office of Communications-;;tA
City Manager ",.fJ
(4/5ths Vote: Yes_ NoXJ
REVIEWED BY:
At the June 28, 2005 joint meeting of the City CouncillRedevelopment Agency, $50,000
was authorized by the Council to be used for the development and implementation of
streaming video on the city's website. This agenda statement provides recommendations
for the award of a contract with Granicus, Inc. in order to implement the Council's
direction.
RECOMMENDATION: That the City Council waive the formal consultant selection
process and authorize the Mayor to enter into a contract with Granicus, Inc.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Background
In keeping with the City Council's commitment to openness and accessibility, the Office
of Communications sees a need to communicate with a larger number of residents on a
more frequent basis. The cost of additional mass mailing of city publications is
prohibitive, and given the current constraints of the existing print and broadcast media
outlets, we cannot rely on news coverage to keep the public informed about the many
Chula Vista issues. We investigated cost-effective ways to deliver the City's message to
the community and determined that adding streaming video to the City's website would
be a viable way of achieving many of our communications goals.
In addition to airing Council meetings, streaming video can be used to air special
workshops, news clips, messages, informational videos and more. It also allows visitors
to select individual agenda items to review or replay.
3-1
Item:>
Page 2 of 4 8/23/05
Basically, streaming video is video online and at your fingertips. Many cities are
presenting and archiving their council meetings online using this Internet tool. It is a
convenient option for residents who have a desire to get involved in local government
and hear directly from their elected leaders about their proposals and recommendations.
During recent budget hearings, the City Council allocated $50,000 to the Office of
Communications and directed staff to implement streaming video as soon as possible.
After substantial research, including discussions with other cities and municipal agencies
that offer streaming video, city staff has concluded that Granicus, Inc. is the only firm
that can offer Chula Vista the precise product that addresses our needs.
Granicus has developed its programs specifically for local government, with a focus on
City Clerk functions. City staff members were unable to identify any other vendors that
can offer a product designed to meet the needs of a city clerk's workflow as it relates to
their role in the city council meeting process, offer agenda parsing, as well as meet the
city's desire to add news clips, informational videos and other streaming video
applications to the website.
By selecting Granicus as our streaming video solution provider, we will greatly improve
external and internal access to our public meetings, well beyond weekly cable broadcasts.
The meetings will be available over the Internet, and searchable archives will allow for
efficient long-term record keeping. The availability of searchable archives allows a
section of any meeting to be retrieved at anytime using a simple keyword search. In
addition, documents like staff reports, agendas and minutes can be synchronized and
linked to the audio and video archive, all of which will be available through the city's
website.
Another valuable feature is that Granicus will be able to provide the city with detailed
usage reports concerning streaming requests (external visitors to the site), average
bandwidth (bandwidth being used), outbound bandwidth (bandwidth being streamed,
quality of the broadcast), content popularity (which items users are viewing) and media
storage usage.
While public meeting broadcasts are a popular and important function of the Granicus
product, the system can be used by all city departments to present video content
internally or externally over the web. Other cities who have used Granicus are now
delivering public education, public service announcements and video on-demand training
through their streaming video capabilities. Chula Vista will be able to increase public
outreach on important community projects, topics and issues. Video streams such as
public service messages, public safety alerts and announcements could be made available
to the public on demand 24 hours a day, seven days per week.
With the Granicus solution, agenda items can be indexed in real time, and archives are
published to the City's web site through an automated process minimizing the
3-2
Item 3
Page 3 of 4 8/23/05
involvement of either our MIS or City Clerk's staff. Because meeting archives will be
readily available on the Internet, the need for the Clerk's office to retrieve and prepare
extensive meeting records will diminish over time. Using this system, the Clerk's office
will actually be preparing the minutes through an automated system that time codes the
items for streaming video and the minutes will be prepared as the meeting occurs. Since
the minutes will be linked to the video, the format of the minutes will change from a
summary format to an action format, something that will save hundreds of hours of staff
time in the Clerk's office.
Also of consequence is the fact that the Granicus proposal integrates with our current
infrastructure and audio video equipment instead of needing to replace or duplicate it.
Storage and distribution of the streaming content is offloaded to the Granicus Media
Center, eliminating the need to invest in the additional dedicated bandwidth and servers
that are necessary to support streaming video. However, nominal maintenance and
support fees will be incurred while utilizing Granicus' services.
California cities currently using Granicus to provide an internet webcast solution to their
residents are:
. Apple Valley . Newport Beach
. Baldwin Park . Palmdale
. Berkeley . Pasadena
. Brentwood . Petaluma
. Calabasas . Pinole
. Carson . Richmond
. Cerritos . Roseville
. Chino . Sacramento
. ElSegundo . San Carlos
. Gilroy . San Diego
. Irvine . San Francisco
. Long Beach . Santa Monica
. Manhattan Beach . Stockton
. Milpitas . Torrance
The Office of Communications, the Office of the City Clerk and the Department of
Management & Information Services are unanimous in their support of entering into an
agreement with Granicus, Inc. to provide a streaming video solution to the City of Chula
Vista.
FISCAL IMPACT:
Granicus' proposal is to provide the City of Chula Vista with streaming video capabilities
for a fee of $49,968.50. This is within the amount allocated by the City Council during
the budget adoption process. This amount does not include the cost of certain hardware
required to complete the implementation process or maintenance and support fees.
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Item
.5
Page 4 of 4 8/23/05
Estimated cost for hardware is $4,500 which will be paid for using the MIS department's
equipment replacement fund. Maintenance and support fees of $21,600 per year will be
accomodated in the existing Administration department budget.
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RESOLUTION NO. 2005-
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL CONSULTANT
SELECTION PROCESS AND APPROVING AN AGREEMENT
WITH GRANICUS, INC. FOR IMPLEMENTATION OF
STREAMING VIDEO CAPABILITY ON THE CITY OF CHULA
VISTA WEBSITE AND AUTHORlZING THE MAYOR TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
WHEREAS, at the June 28,2005 joint meeting of the City CouncillRedevelopment Agency,
$50,000 was authorized by the Council to be used for the development and implementation of
streaming video on the city's website; and
WHEREAS, in keeping with the City Council's commitment to openness and accessibility,
the Office of Communications sees a need to communicate with a larger number of residents on a
more frequent basis; and
WHEREAS, staff investigated cost-effective ways to deliver the City's message to the
community and determined that adding streaming video to the City's website would be a viable way
of achieving many of our communications goals; and
WHEREAS, in addition to airing Council meetings, streaming video can be used to air
special workshops, news clips, messages, informational videos and more. It also allows visitors to
select individual agenda items to review or replay; and
WHEREAS, during recent budget hearings, the City Council allocated $50,000 to the Office
of Communications and directed staff to implement streaming video as soon as possible; and
WHEREAS, after substantial research, including discussions with other cities and municipal
agencies that offer streaming video, city staff has concluded that Granicus, Inc. is the only firm that
can offer Chula Vista the precise product that addresses our needs; and
WHEREAS, staff recommends Council waive of the consultant selection process of
Municipal Code Section 2.56.110 as impractical as Granicus proposal integrates with our current
infrastructure and audio video equipment instead of needing to replace or duplicate it. Storage and
distribution of the streaming content is offloaded to the Granicus Media Center, eliminating the need
to invest in the additional dedicated bandwidth and servers that are necessary to support streaming
video.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista,
does hereby waive the formal consultant selection process and approves an agreement with Granicus,
Inc. for implementation of streaming video capability on the City of Chula Vista website.
3-5
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:
Liz Purcell
Director, Office of Communications
J:\Attomey\reso\Agreements\ waiving consultant selectirn Granicus Ine
2
3-6
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
-YI ~
(J\A).., Ann Moor
City Attorney
Dated: (L~. II ~ 005
Software Purchase, aintenanbe and Technical
Support Agreement between the City of Chula Vista and
Granicus, Inc. for managed services in relation to
Streaming video
3-7
SOFTWARE PURCHASE, MAINTENANCE AND
TECHNICAL SUPPORT AGREEMENT
between
City of Chula Vista
and
Granicus, Inc.
For managed services in relation to streaming video
This agreement ("Agreement"), dated ,20_ for the purposes of
reference only, and effective as of the date last executed is between the City of Chula
Vista, ("City") , a municipal chartered corporation of the State of Califomia, whose
business form is
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910;
and Granicus, Inc., a Califomia corporation ("Vendor") , whose business address,
telephone and facsimile numbers are as follows:
28 2nd Street, 4th Floor
San Francisco, California 94105
Voice Phone (415) 522-5216
Fax Phone (415) 522-5215
The "Agreement" is made with reference to the following facts:
Whereas, Vendor has developed a streaming video solution and Media
Management Software that specializes in Intemet Broadcasting.
Whereas, the City desires to contract with Vendor to purchase the Vendor's
streaming video solution and Media Management Software which will facilitate
streaming and distribution of live and archived video and audio content.
Whereas, the City desires to contract with Vendor to integrate its Media
Management Software onto the City's existing website.
Whereas, the City desires to contract with Vendor to administer the streaming
video solution through a Managed 'Services solution.
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Consultant's Duties
1. Granicus System: Installation
1.1 Vendor, with input from the City, shall complete an on-site project installation plan.
1.2 Vendor shall work with the City's webmasterto successfully integrate the necessary
components for the streaming video into the City's website.
1.3 Vendor shall custom design a "client-specific" pop-up video player and a custom "agenda
parser" in order to increase indexing quality and efficiency.
1.4 Vendor shall install all "Vendor-supplied" software on the servers that the City shall
provide.
1.5 Vendor shall optimize the hardware and software configuration for the streaming video
applications.
1.6 Vendor shall perform .initial software testing on the streaming video components.
1.7 Vendor shall configure the audio and video feeds from the cameras in the Council
Chambers to the encoder system.
1.8 Vendor and the City shall configure Internet and LAN connectivity and configure the
firewall and proxy server to ensure that the system will work with the Granicus Media
Center.
1.9 Vendor shall fme-tune all of the audio and video settings from its remote site to ensure
that the quality of the streaming video is optimized.
1.10 Vendor shall conduct one "train-the-trainer" training session at the City of Chula Vista on
the proper use of the Vendor's streaming video solution and Media Management
Software.
2. Managed Services
2.1 In performing any of Vendor's duties under this Agreement, Vendor shall
perform and provide services 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.
2.2 Vendor shall continually monitor, on a 7/24 basis, the City's streaming video
solution. Should any malfunction appear, Vendor shall immediately notify the
City and proceed to either resolve the issue directly or assist the City with
problem resolution.
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2.3 Vendor shall provide its software as a "Lifetime License" and provide all
software upgrades and bug fIxes to the City as part of this Agreement.
2.4 Vendor shall provide the necessaxy bandwidth and storage to stream the City's
Council meetings or other public meetings the City chooses to place on the
Internet. This includes any live meetings as well as twelve months of archival
videos of these meetings. After twelve months Vendor shall assist the City to
remove the oldest videos from the Vendor's servers and move them to a server
at the City.
3. Reductions in Scope of Work
City may independently, or upon request from Vendor, from time to time reduce
the DefIned Services to be performed by the Vendor under this Agreement.
Upon doing so, City and Vendor agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation
associated with said reduction.
4. Additional Services
In addition to performing the DefIned Services herein set forth, City may require
Vendor to perform additional services related to the Managed Services
("Additional Services"). Requests for additional Managed Services shall be made
to Vendor in writing by the City and upon doing so, if the additional services are
within the scope of services offered by Vendor, Vendor shall perform the
additional services. If the storage requirements for the additional services will
require the storage needs for video to increase beyond the three gigabytes
included in this Agreement then the City shall pay Vendor an additional fIve
cents per additional megabyte per month.
5. Business License
Vendor agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code
6. Content Provided to Vendor
6.1 Responsibility for Content. The City shall have sole control and responsibility
over the determination of which data and information shall be included in the
content that is to be transmitted, including, if applicable, the determination of
which cameras and microphones shall be operational at any particular time
and at any particular location. The City shall not provide to Vendor, or permit
to be provided to Vendor, any content that infringes or violates any third
parties' intellectual property rights, rights of publicity or rights of privacy, or
violates any federal, state, local or foreign laws, regulations or statutes.
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7. Ownership; Intellectual Property Rights and Security.
7.1 Content Ownership. The City shall own all right, title and interest in and to all
content on a worldwide basis, including, without limitation, all intellectual
property rights relating thereto, (i) with respect to content captured by cameras
or microphones at the City, at the time such content is so captured and prior to
the time it is transmitted to the computer at the City and (ii) with respect to all
other content, at the time such content is transmitted or otherwise provided to
Vendor pursuant to this Agreement. To the extent that any such content is
protectable by copyright, such content shall be deemed to be "works made for
hire" under the copyright laws of the United States.
7.2 Trademark Ownership and License.
(al The City shall retain all right, title and interest in and to its trademarks,
including any goodwill associated therewith, subject to the limited license
granted to Vendor pursuant to Section 4.2 of this Agreement.
(b) Vendor shall retain all right, title and interest in and to the Granicus,
Inc. trademarks, including any goodwill associated therewith, subject to
the limited license granted to the City pursuant to Section 4.2 of this
Agreement.
(c) Each party grants to the other party a non-exclusive, non-transferable
(other than as provided in Section 9 of this Agreement), limited license to
use the other party's trademarks as is reasonably necessary to perform
its obligations under this Agreement, provided that any promotional
materials containing the other party's trademarks shall be subject to the
prior written approval of the other party, which approval shall not be
unreasonably withheld.
(d) Neither party shall use the other party's trademarks in a manner that
disparages the other party or its products or services, or portrays the
other party or its products or services in a false, competitively adverse or
poor light. Each party shall comply with the other party's requests as to
the"use of the other party's trademarks and shall avoid any action that
diminishes the value of such trademarks.
7.3 Security of Data. Vendor shall take commercially reasonable efforts to protect
and control access to City content. However, Vendor makes no guarantee and
assumes no liability for the security of any City content or other data provided
to Vendor including any City content or data placed on any servers including
"secure servers." City shall be responsible for the creation and protection of a
usemame and password. In no event shall Vendor be liable for any direct,
indirect or other damages arising out of any breach of security or otherwise.
8. TERM
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8.1 This Agreement shall become effective as of the last date executed ("Effective
Date"). The Agreement's initial term shall run for a period of one (1) year from
the Effective Date and shall automatically renew for two additional, consecutive
one (1) year periods.
8.2 Notwithstanding the paragraph above, City may terminate this Agreement at
any time and for any reason, by giving specific written notice to Vendor of such
termination and specifying the effective date of the termination, at least thirty
(30) days before the effective date of such termination. In that event, all
finished and unfinished documents, software patches, delivered goods and
other materials described in this Agreement may continue to be used by the
City. Furthermore, the City shall be entitled to a refund of the prorated amount
left on this Agreement, even if the Agreement is set to expire at a later date (i.e.,
City pre-paid and terminates with three months left on a one-year Agreement
term - City shall receive a 25% refund of the cost of the Agreement). If the
Agreement is terminated by the City as provided in this paragraph, Vendor shall
be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents, goods and other materials produced up until
the effective date of such termination. Vendor hereby expressly waives any and
all claims for damages or compensation arising under this Agreement except as
set forth in this Agreement.
9. TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, Vendor fails to fulfill in a timely and proper manner Vendor's
obligations under this Agreement, or if Vendor violates any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Vendor of such termination and specifying
the effective date of the termination at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, software, data,
studies, surveys, drawings, maps, reports and other materials prepared or delivered by
Vendor shall become the property of or may continue to be used by the City, and
Vendor shall be entitled to receive just and equitable compensation for any goods
delivered or any work satisfactorily completed on such documents and other materials
up to the effective date of the Notice of Termination. Such compensation shall not
exceed the amounts payable under this Agreement, and shall be reduced by any
damages caused to the City by Vendor's breach.
10. HOLD HARMLESS
Vendor 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 Vendor, and Vendor's employees, subcontractors or other persons,
agencies or firms for whom Vendor is legally responsible in connection with the
execution of the work covered by this Agreement, except only for those claims,
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damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its agents,
officers, or 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 Vendor,.its employees, agents or officers, or
any third party. With respect to losses arising from Vendor's professional errors or
omissions, Vendor 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 the City,
its officers or employees.
Vendor'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 claims proceed to judgment or not. Vendor's obligations
under this Section shall not be limited by any prior or subsequent declaration by the
Vendor. Vendor's obligations under this Section shall survive the termination of this
Agreement.
11. ERRORS AND OMISSIONS
In the event the City Administrator determines that the Vendor's negligence, errors, or
omissions in the performance of work under this Agreement has resulted in expense to
the City greater than would have resulted if there were no such negligence, errors, or
omissions, Vendor shall reimburse City for any additional expenses incurred by the
City. Nothing herein is intended to limit the City's rights under other provisions of
this Agreement.
12. CONFIDENTIALITY
Except as required by law (including the California Public Records Act), each party will
protect the other's confidential information from unauthorized dissemination and use
with the same degree of care that each party uses to protect its own confidential
information, but in no event less than reasonable care. Neither party shall use the
other's confidential information for purposes other than those necessary to further the
purposes of this Agreement. Neither party shall disclose to .third parties the other's
confidential information without the prior written consent of the other party. The
parties' obligations under this Agreement with respect to confidential information shall
survive the expiration or earlier termination of this Agreement. Source code and
source materials shall automatically be considered confidential information.
13. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems, software applications and any other materials or properties produced under
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this Agreement shall become the property of the 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 Vendor in the United States or in any other country
without the express written consent of City.
Notwithstanding the foregoing, any Vendor pre-existing proprietary software, tools,
methodologies, specifications, drawings, sketches, models, samples, records,
documentation, works of authorship or creative works, general modules, algorithms,
routines, classes, objects, methods, techniques, processes, generalized ideas,
concepts, know how, methods or skills, including any of the foregoing which is gained
or learned during the course of Vendor's creation, installation and operation of the
custom Intemet-based application (collectively, the "Pre-Existing Vendor Property")
shall be and remain the sole property of Vendor. Vendor hereby grants to the City a
non-exclusive, non-transferable, world wide permanent paid-up license to make, have
made, use, have used, reproduce and modify the Pre-Existing Vendor Property as that
property is incorporated into Vendor's work product for City, only for the purpose of
City's intemal use.
14. INSURANCE
14.1 Vendor represents that it and its agents and staff employed by it in connection
with the products and services required to be delivered and performed under
this Agreement, are protected against the risk of loss by the following insurance
coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class
V" or better, or shall meet with the approval of the City:
. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage.
. Commercial General Liability Insurance including Business Automobile and
Errors and Omissions Insurance coverage in the amount of $1,000,000,
combined single limit applied separately to each project away from premises
owned or rented by Vendor, 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").
14.2 Proof of Insurance Coverage
· Certificates of Insurance. Vendor shall demonstrate proof of insurance
coverage required by this Agreement, 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.
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. Policy Endorsements Required. In order to demonstrate the Additional
Insured Coverage, Primary Coverage and Cross-liability Coverage required
under Vendor's Co=ercial General Liability Insurance Policy, Vendor shall
deliver a policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the City's Risk Manager.
15. COMPENSATION
15.1 For performance of all of the Vendor's duties, as required in section 1 of this
Agreement for Installation, City shall pay a fee of $49,968.50 based upon the
following milestones:
Execution of the Contract 30%
Software installation and
system configuration 20%
Completion of training class 20%
Successful live meeting and subsequent
availability of the video on the web. 30%
15.2 For performance of all of the Vendor's duties by Vendor, as required in Section
2 for Managed Services, City shall pay, on an annual basis, an amount equal to
twenty-one thousand six hundred dollars ($21,600) ("Annual Support Fee").
The City shall pay the fee monthly based on 1/12 of the applicable Annual
Support Fee for that year.
15.3 The Annual Support Fee for each subsequent year shall be based on the
previous year's Annual Support Fee multiplied by an inflation factor which is
tied to the Consumer Price Index. No single-year increase shall exceed five
percent (5%). The CPI which shall be used to determine the Annual Support
Fee shall be the All Urban Users (CPI-U) indicated by the "All items" index
under "Expenditure Category" within the table called "San Diego, CA
Semiannual News Release" for the most recent twelve (12) month period for
which data is available. If the CPI decreases, the Annual Support Fee shall be
reduced accordingly (with no limit on the amount of the decrease).
15.4 All billings submitted by Vendor shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and
payable thereunder is proper.
16. ADMINISTRATION OF CONTRACT
Each party designates the individuals ("Contract Administrators") indicated below as
the party's contract administrator who is authorized by the party to represent it in the
routine administration of this Agreement.
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City:
Louie Vignapiano, Director of Management and Information Services, 276
Fourth Avenue, Chula Vista, CA 91910, (619) 476-5319
Vendor:
Tom Spengler, CEO, 74 Tehama Street, San Francisco, CA 94105, (415)
357-3618
17. GENERAL
17.1 Assimabilitv. The services of Vendor are personal to the City, and Vendor shall
not assign any interest in this Agreement, and shall not transfer any interest in
this Agreement (whether by assignment or novation), without prior written
consent of the City.
17.2 Independent Contractor. City is interested only in the results obtained and
Vendor 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 Vendor's work products. Vendor
and any of the Vendor'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 Vendor shall be solely
responsible for the payment of all taxes and shall hold the City harmless with
regard thereto.
17.3 Administrative Claims Requirements and Procedures. No suit or arbitration
shall be brought arising out of this Agreement, against the City unless a claim
has first been presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein,
and such policies and procedures used by the City in the implementation of
same.
Upon request by City, Vendor shall meet and confer in good faith with the City
for the purpose of resolving any dispute over the terms of this Agreement.
17.4 Attornev'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.
17.5 Vendor Not Authorized to Represent City. Unless specifically authorized in
writing by City, Vendor shall have no authority to act as City's agent to bind
City to any contractual agreements whatsoever.
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17.6 Notices. All notices, demands or requests provided for or permitted to be given
pursuant to this Agreement must be in writing. All notices, demands and
requests to be sent to any party shall be deemed to have been properly given or
served if personally served or deposited in the United States mail, addressed to
such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified in this Agreement as the place of
business for each of the designated parties.
17.7 Entire Al1Ieement. This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter of the
Agreement. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by
the party against which enforcement of such amendment, waiver or discharge is
sought.
17.8 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.
17.9 Conflicts oflnterest. Vendor is not designated as an FPPC filer. Nevertheless,
Vendor agrees it shall not make, or participate in making or in any way attempt
to use Vendor's position to influence a governmental decision in which Vendor
knows or has reason to know Vendor has a financial interest other than the
compensation promised by this Agreement.
17.10 Governine: Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action arising under or
relating to this Agreement shall be brought only in the federal or state courts
located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
IN WITNESS WHEREOF, City and Vendor have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full
and complete consent to its terms:
CITY OF CHULA VISTA
By:
Stephen C. Padilla, Mayor
Dated:
,20_
Approved as to form:
Attest:
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Ann Moore, City Attorney
Granicus, Inc.
ByT":'~~
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Susan Bigelow, City Clerk
Dated: &; -%
2003
, -
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COUNCIL AGENDA STATEMENT
Item
Meeting Date:
4
I
8/23/05
ITEM TITLE:
Resolution authorizing the Mayor and City Clerk the
granting of an easement to the Otay Municipal Water District for an
existing 16 inch recycled water pipeline feeding the Recycled Water
Reservoir at Sunset View Park.
SUBMITTED BY:
City Engineer lf42-t ~ ,,^.
City Manager f.)
(4/5ths Vote:_No-XJ
REVIEWED BY:
The Council is requested to adopt a Resolution authorizing the granting of an easement for Water
Pipeline Purposes to the Otay Municipal Water District for an existing 16-inch recycled water
pipeline feeding the Recycled Water Reservoir at Sunset View Park.
RECOMMENDATION: That the Council adopt a Resolution authorizing the granting of an
Easement over City owned land to the Otay Municipal Water District (OWD).
BOARDS/COMMISSION: Not applicable
DISCUSSION:
The City is the owner of a 3.37 acre Open Space Lot legally identified as Lot A, of Chula Vista
Tract No. 88-3, Chula Vista Greens, Phase I-A (Map No. 12544). The City acquired possession
of this Lot by Acceptance of an Irrevocable Offer of Dedication May 22, 2003. Subsequent to
the City's acceptance, OWD constructed the herein referenced 16 inch pipeline across the
southern tip of Lot A. This construction was done without an easement from the City or with
prior consent. The City has received a formal request from OWD to grant without compensation
the required easement, acknowledging the oversight on their part. A legal description and plat
map of the easement that they are requesting is attached hereto.
Staff has reviewed the request and determined that an underground easement for this pipeline is
consistent with the permissible uses for this land and will not unreasonably interfere with the
Lot's defined Open Space purpose. While the City is under no obligation to grant this easement
without compensation, it has been determined that due to the location, and limited alternative
uses for this area, the value of the easement is nominal. Staff therefore recommends that the
easement be granted to OWD without compensation in order to formalize the status of the
existing pipeline.
FISCAL IMPACT:
There is no fiscal impact to the City. The easement and facilities are consistent with the allowed
uses for the site and maintenance will be the responsibility of the Otay Water District.
Attachment: Legal description and Plat
4-1
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF LOT "A" OF MAP NO. 12544 FILED JANUARY 26,1990 IN THE OFFICE O;F
THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED A
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT "A" AND THE
NORTHEASTERL Y LINE OF THAT PORTION OF LOT "A" DESCRIBED BY GRANT DEED
RECORDED MARCH 17, 1993 AS DOCUMENT NO. 93-0165040 OF OFFICIAL RECORDS; THENCE
ALONG THE EASTERLY LINE OF SAID LOT "A" NORTH 290 14' 30" EAST 9.88 FEET TO AN ANGLE
POINT IN SAID EASTERLY LINE;
THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 01017' 36" WEST 20.62 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE NORTH 19053' 42" WEST 5.68 FEET;
THENCE SOUTH 870 43' 23" WEST 30.14 FEET TO A POINT IN SAID NORTHEASTERLY LINE
DOCUMENT NO. 1993-0165040;
THENCE ALONG SAID NORTHEASTERL Y LINE NORTH 390 40' 40" WEST 35.35 FEET TO A POINT
ON THE WESTERLY LINE OF SAID LOT "A";
THENCE ALONG SAID WESTERLY LINE NORTH 040 03' 45" EAST 4.67 FEET;
THENCE LEAVING SAID WESTERLY LINE SOUTH 390 40' 40" EAST 22.23 FEET;
THENCE NORTH 8r 43' 23" EAST 39.61 FEET TO A POINT ON SAID EASTERLY LINE OF LOT "A";
THENCE ALONG SAID EASTERLY LINE SOUTH 010 17' 36" EAST A 20.41 FEET TO THE TRUE
POINT OF BEGINNING;
THE ABOVE-DESCRIBED PARCEL OF LAND CONTAINS 634.80 SQUARE FEET MORE OR LESS AND IS
SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
This document was prepared by me in accordance
with the Land Surveyor's Act on March 10, 2005
Gary C. Rush L.S. 6983
Expiration 9-30-05 .
4-2
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APN# 595-320-22
THE CITY of CHULA VISTA
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APN# 595-320-19
THE CITY of CHULA VISTA
SHEET 1 OF 1
MAP NO 12544
LOT A
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DISTRICT
CITY OF CHULA VISTA
3-1-05 Update ownership
RECORDERS FIP
REC. DATI
OTAY W.D. DEED NO.
DATE
IMP. DIS. 410.'3
DESCRIPTION
COORDINA TIS:
MAP NO.: 12544
SCALE: 1" = 20'
DATE: 1-29-03
DRAWN BY: LD
W.O. NO.:
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORlZING THE MAYOR AND CITY
CLERK. TO EXECUTE AN EASEMENT TO OT A Y WATER
DISTRlCT (OTAY) FOR AN EXISTING 16 INCH RECYCLED
WATER PIPELINE FEEDING THE RECYCLED WATER
RESERVOIR AT SUNSET VIEW PARK.
WHEREAS, the City Of Chu1a Vista is the fee owner of that certain real property
situated in the City Of Chu1a Vista, County of San Diego, State of California, more
particularly described as Lot A of Chula Vista Tract No. 88-3, Chula Vista Greens, Phase
1A as shown on Map thereof No. 12544 filed in the Office of the County Recorder of
said County, said Lot A being dedicated to the City of Chu1a Vista in fee for Open Space,
Public Utilities, and Other Public Uses; and
WHEREAS, OT A Y has previously constructed a 16 inch reclaimed waterline
across a portion of said Lot A without an Easement from the City; and
WHEREAS, OTA Y has made a formal request to the City for an Easement for
said pipeline; and
WHEREAS, Staff has reviewed the request and determined that an underground
easement for this pipeline is consistent with the permissible uses for this land and will not
unreasonably interfere with said Lot's defined uses.
NOW, THEREFORE, the City Council of the City ofChu1a Vista does resolve as
follows:
The Mayor and City Clerk are hereby authorized to execute the herein described
easement deed on behalf of the City ofChu1a Vista as Grantor for said 16 inch reclaimed
water pipeline.
Presented by
Approved as to form by
d~ f' /JiLL.
oore
City Attorney
Sohaib Al-Agha
City Engineer
4-4
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item ":)
Meeting Date: 8/23/05
Resolution Approving the Final "B" Maps of Chula Vista
Tract No. 05-07, McMillin Otay Ranch Village Seven R-1A, R-1B, and
R-5. Accepting on behalf of the City of Chula Vista, the easements
granted on said Maps within said Subdivisions, Accepting on behalf of
the Public, the public streets shown thereon and, approving the
Subdivision Improvement Agreements for the completion of
improvements required by said subdivisions; and approving the
associated Supplemental Subdivision Improvement Agreement,
requiring developer to comply with certain unfulfilled conditions of
Resolution No. 2004-331.
C. . A,(2--L.1iS.~'
lty Engmeer qr' __.j'
City Manager ~
(4/Sths Vote: Yes_ No X )
On October 12, 2004, Council approved a Tentative Subdivision Map for Otay Ranch Village
Seven, Chula Vista Tract No. 05-07. On March 8, 2005, by Resolution No. 2005-074, Council
approved a Final Subdivision Map for Chula Vista Tract No. 05-07, Otay Ranch Village Seven
"A" Map. Staff proposes that Council now consider approval of three Final "B" Maps within
Otay Ranch Village Seven, three Subdivision Improvement Agreements, and the Supplemental
Subdivision Improvement Agreement for Otay Ranch Village Seven R-IA, R-1B, and R-5.
RECOMMENDATION: That City Council adopt the Resolution.
BOARDS AND COMMISSIONS: N/A
DISCUSSION:
McMillin Otay Ranch Village Seven is a 194.2-acre project generally located south of Birch
Road and west of SRI25 the northeastern portion of Otay Ranch Village 7, south of the Otay
Ranch Village Six project. The Final Map for R-1A consists of 151 numbered lots, and 13
lettered lots with a total area of 32.507 acres (see Exhibit 1). The Final Map for R-1B consists
of 160 numbered lots and 25 lettered lots with a total area of28.866 acres (see Exhibit 2). The
Final Map for R-5 consists of 132 numbered lots and 2 lettered lots with a total area of 15.417
acres (see Exhibit 3). The Tentative Map was approved October 12, 2004 (Resolution No.
2004-331 ).
The Final Maps have been reviewed by the City Engineer and found to be in substantial
conformance with the approved Tentative Map. The developer, McMillin Otay Ranch, LLC,
has already paid all applicable fees.
Council approval of the Final Maps will constitute:
. Acceptance by the City of the wall maintenance and access easements;
. Acceptance by the City of the sidewalk easements with the rights of ingress and egress;
5-1
!.=-....,
Page 2, Item _./
Meeting Date: 8/23/05
. Acceptance by the City of the assignable and irrevocable general utility, access and
landscape easements, for the installation and maintenance of public utilities;
. Acknowledgement of irrevocable offers of dedication of open space lots.
Associated Agreements: In addition to approval of the Final Maps, staff recommends that
Council approve the following agreements associated with the project:
I. 3 Subdivision Improvement Agreements: Requires the Developer to complete the
improvements required by said Subdivisions. Security bonds have been provided,
guaranteeing the completion of all improvements and monumentation required by the
Municipal Code.
2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled
conditions of the Tentative Map approved by Resolution No. 2004-331. These
conditions will remain in effect until completed by the Developer and/or their
successors( s) in interest.
The above agreements have been reviewed by staff, and approved as to form by the City
Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements.
Attachments:,
Attachment I: Village 7 R-IA Map, Chula Vista Tract No. 05-07
Attachment 2: Village 7 R-1B Map, Chula Vista Tract No. 05-07
Attachment 3: Village 7 R-5 Map, Chula Vista Tract No. 05-07
Attachment 4: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement for R-IA
Exhibit B: Subdivision Improvement Agreement for R-IB
Exhibit C: Subdivision Improvement Agreement for R-5
Exhibit D: Supplemental Subdivision Improvement Agreement
CGB File No. OR457F, OR458F, OR459F
J:\EngineerIAGENDAICAS200518-23-05\McMillin Otay Ranch Village 7 B Maps.doc
5-2
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AliAtt-\ }v\8N"T L\
pty of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be
filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
tit, JIll/till 06 Y K4I./I"1. t 1-ic.-.
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.
--L1tll "
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.
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
Ji'./'/ {,,,,14';,/IIou
;::;:'dN I( 7",',,1'&
AI,;k 1-,,-
5. Has any person * associated with this contract had any financial dealings with an official ** of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes_ No-L
5-6
City of Chula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official.. may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No X- Yes _ If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official.. of the City 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 L
If Yes, which official*" and what was the nature of item provided?
Date:
~ll /1):)"
o
tractor/Applicant
Print or type name of Contractor/Applicant
* Person is defmed 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 ofthe City, employee, or staffrnembers.
J:\Attomey\fonns\disclosure statement 3.6-03
5-7
RESOLUTION NO. 2005-
RESOLUTION APPROVING THE FINAL "B" MAPS OF
CHULA VISTA TRACT NO. 05-07, MCMILLIN OTAY
RANCH VILLAGE SEVEN R-1A, R-1B, AND R-5;
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA,
THE EASEMENTS GRANTED ON THE MAPS WITHIN THE
SUBDIVISIONS; ACCEPTING ON BEHALF OF THE PUBLIC,
THE PUBLIC STREETS SHOWN THEREON AND,
APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENTS FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY THE SUBDIVISIONS; AND
APPROVING THE ASSOCIATED SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF RESOLUTION NO. 2004-331..
WHEREAS, the developer, the McMillin Otay Ranch, LLC, has submitted three final
maps for Otay Ranch Village 7; and
WHEREAS, the developer has executed three Subdivision Improvement Agreements to
install public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolution No. 2004-331; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 05-07, McMillin
Otay Ranch Village 7, R-lA, particularly described as follows:
Being a portion of Lot I and a portion of Lot 2 ofChula Vista Tract No. 05-07, McMillin
Otay Ranch Village 7, "A" Map, Map No. 15014, being in the City of Chula Vista,
County of San Diego, State of California, Filed in the Office of the County Recorder of
San Diego County:
Area: 32.507 Acres
Numbered Lots: 151
No. of Lots: 164
Lettered Lots: 13
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that the map and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that the Council hereby accepts on behalf of the public
the public streets, to-wit: Perrin Place, Webber Way, Jackson Street, Wo1fsdorfway, Koester
Street, Shircliffe Street, Semple Street and Himmer Court, and the streets are hereby declared to
be public streets and dedicated to the public use all as shown on the map within the subdivision.
5-8
BE IT FURTHER RESOLVED that the Council hereby accepts on behalf of the City of
Chula Vista the wall maintenance and access and the irrevocable general utility and access
easements, all as shown on McMillin Otay Ranch Village 7, R-IA map within the subdivision.
BE IT FURTHER RESOLVED that the Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A" and "B" for
open space and other public purposes all as shown on McMillin Otay Ranch Village 7, R-IA
map within the subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby
authorized and directed to endorse upon the map the action of the Council; that the Council has
approved the subdivision map, and that the public streets are accepted on behalf of the public as
therefore stated and that the Irrevocable Offer of Dedication of the fee interest of the lots be
acknowledged, and that those certain easements as granted on McMillin Otay Ranch Village 7,
R-IA map within the subdivision are accepted on behalf of the City of Chula Vista as
hereinabove stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated August 23,2005, for the completion of improvements in the subdivision, a copy of which
is on file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista hereby
finds that that certain map survey entitled Chula Vista Tract No. 05-07, McMillin Otay Ranch
Village 6, R-3, particularly described as follows:
Being a portion of Lot I and a portion of Lot 2 of Chula Vista Tract No. 05-07, McMillin
Otay Ranch Village 7, "A" Map, Map No. 15014, being in the City of Chula Vista,
County of San Diego, State of California, filed in the Office of the County Recorder of
San Diego County:
Area: 28.866 Acres
Numbered Lots: 160
No. of Lots: 185
Lettered Lots: 25
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that the map and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that the Council hereby accepts on behalf of the public
the public streets, to-wit: Perrin Place, Webber Way, Jackson Street, Koester Street, Semple
Street, Enclave Lane, Lew Lane, Brezar Street, Anderson Court and Talbot Street, and the streets
are hereby declared to be public streets and dedicated to the public use all as shown on the map
within the subdivision.
BE IT FURTHER RESOLVED that the Council hereby accepts on behalf of the City of
Chula Vista the wall maintenance and access and the assignable and irrevocable general utility,
access, and landscape easements, all as shown on McMillin Otay Ranch Village 7, R-IB map
within the subdivision.
BE IT FURTHER RESOLVED that the Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A" and "M" for
open space and other public purposes all as shown on McMillin Otay Ranch Village 7, R-IB
map within the subdivision.
2
5-9
BE IT FURTHER RESOLVED that the Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "B" for public
park purposes all as shown on McMillin Otay Ranch Village 7, R-lB map within the
subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon the map the action of the Council; that the Council has
approved the subdivision map, and that the public streets are accepted on behalf of the public as
therefore stated and that the Irrevocable Offer of Dedication of the fee interest of the lots be
acknowledged, and that those certain easements as granted on McMillin Otay Ranch Village 7,
R-IB map within the subdivision are accepted on behalf of the City of Chula Vista as
hereinabove stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated August 23, 2005 for the completion of improvements in the subdivision, a copy of which is
on file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby
finds that that certain map survey entitled Chula Vista Tract No. 05-07, McMillin Otay Ranch
Village 7, R-5, particularly described as follows:
Being a subdivision of Lot 3, 4, 5, and 6 of McMillin Otay Ranch Village 7 "A" Map,
Map No. 15014, being in the City of Chula Vista, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County:
Area: IS .417 Acres
Numbered Lots: 132
No. of Lots: 134
Lettered Lots: 2
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that the map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that the Council hereby accepts on behalf of the public
the public streets, to-wit: Wolfsdorf Way, Koester Street, Reichert Way, Lane "A" and Lane
"B", and the streets are hereby declared to be public streets and dedicated to the public use all as
shown on the map within the subdivision.
BE IT FURTHER RESOLVED that the Council hereby accepts on behalf of the City of
Chula Vista the wall maintenance and access and the assignable and irrevocable general utility,
access and landscape easements, all as shown on McMillin Otay Ranch Village 7, R-5 map
within the subdivision.
BE IT FURTHER RESOLVED that the Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lot "B" for open space
and other public purposes all as shown on McMillin Otay Ranch Village 7, R-5 map within the
subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby
authorized and directed to endorse upon the map the action of the Council; that the Council has
approved the subdivision map, and that the public streets are accepted on behalf of the public as
therefore stated and that the Irrevocable Offer of Dedication of the fee interest of the lots be
acknowledged, and that those certain easements as granted on McMillin Otay Ranch Village 7,
3
5-10
R-5 map within the subdivision are accepted on behalf of the City of Chula Vista as hereinabove
stated.
BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated
August 23, 2005, for the completion of improvements in the subdivision, a copy of which is on
file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit each
map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute the agreements for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Sohaib Al-Agha
City Engineer
:)4~ r /ILd--
~ Moore
ity Attorney
J:\EngineerIAGENDA IResoslResos2005\8-23-05\McMillin Otay Ranch Village 7 R-l A, R-OlB, R-5 reso .doc
4
5-11
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
Dated: ? / ':;-/0 .s-.
.
Subdivision Improvement Agreement between
The City of Chula Vista and McMillin Otay Ranch, LLC
For McMillin Otay Ranch Village Seven R-IA (CVT 05-07)
5-12
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency ofless than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEI\1ENT, made and entered into this day of ,2004, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
MCMILLIN OTA Y RANCH, LLC, ADELA W ARE LIMITED LIABILITY COMPANY, 2727
Hoover Ave., National City, CA, hereinafter called "Subdivider" with reference to the facts set
forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
McMillin Otay Ranch Village Seven R-IA (CVT 05-07) pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18
of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision
map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
-1-
5-13
install and complete, at Subdivider's own expense, all the improvement work required by City in
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2004-331, approved on the
12th day of October, 2004 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer, as
shown on Drawing Sets 05035, inclusive on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said improvements according to said
plans and specifications has been submitted and approved by the City in the amount of THREE
MILLION THREE HUNDRED EIGHTY THOUSAND DOLLARS ($3,380,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
I. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof. .
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that S\lbdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
-2-
5-14
said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of
said Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION
SIX HUNDRED NINETY THOUSAND DOLLARS ($1,690,000.00) which security shall
guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked
Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION
SIX HUNDRED NINETY THOUSAND DOLLARS ($1,690,000.00) to secure the payment of
material and labor in connection with the installation of said improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained
in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FORTY EIGHT
THOUSAND DOLLARS AND NO CENTS ($48,000.00) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
I O. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
-3-
5-15
liable for the payment of any sum or sums for said work or any materials furnished theretore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
II. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, .harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
-4-
5-16
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
-5-
5-17
SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE SEVEN R-IA MAP
(CVT 05-07)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year fust hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
A TIEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
-6-
5-18
SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE SEVEN R-IA MAP
(CVT 05-07)
McMillin Otay Ranch, LLC
A Delaware limited liability company
By: McMillin Management Services, L.P.
A California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
Its: General Partner
//,P<
By: ~L ~~
Its: V.P.
(Attach Notary Acknowledgment)
-7-
5-19
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On Auqust 17. 2005 , before me, Ann M. Futo, Notary Public personally appeared
Frank Zaidle and Todd Galameau, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~ ~ -c ~
1- - - - - - - - - - - -
"ANN M. FUTO
-' Commission" 1546838 f
i -,.; Nofary Public. Cafflcm/a f
1 ' . San DIego County cl
_ _ _ ~:~m:...~_Ja~23.2
-
This areeroroffldal notarial seal
Title of Document Subdivision Improvement Aareement for McMillin Otav Ranch Villaae 7 Neiah. R-1A.
Date of Document No. of Pages
Other signatures not acknowledged
5-20
Notarv Fomt-2
U..1..1II..................."I....
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount:
$1,690,000.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount:
$1,690,000.00
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount:
$48,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:\Engineer\Landdev\Projects\McMiIlin Otay Ranch\VilIage 7\OR457-459F Final Maps\SIA R-IAdoc
-8-
5-21
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
9~,.rAu
~ Ami. Moore
L.---" City Attorney
Dated: -g/Ib IOj,~
Subdivision Improvement Agreement between
The City of Chula Vista and McMillin Otay Ranch, LLC
For McMillin Otay Ranch Village Seven R-lB (CVT 05-07)
5-22
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency ofless than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of ,2005, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
MCMILLIN OT A Y RANCH, LLC, ADELA W ARE LIMITED LIABILITY COMPANY, 2727
Hoover Ave., National City, CA, hereinafter called "Subdivider" with reference to the facts set
forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista
for approval and recordation, a fInal subdivision map of a proposed subdivision, to be known as
McMillin Otay Ranch Village Seven R-IB (CVT 05-07) pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18
of the Chula Vista Municipal Code relating to the fIling, approval and recordation of subdivision
map; and
WHEREAS, the Code provides that before said map is fInally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before fInal maps of subdivisions are approved by the Council for purpose of
recording in the OffIce of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdivision within a defInite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
-1-
5-23
install and complete, at Subdivider's own expense, all the improvement work required by City in
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2004-331, approved on the
12th day of October, 2004 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer, as
shown on Drawing Sets 05036, inclusive on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said improvements according to said
plans and specifications has been submitted and approved by the City in the amount of THREE
MILLION FIFTY SIX THOUSAND DOLLARS ($3,056,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
I. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monuments have been or will
be installed within thirty (30) days after the completion and acceptance of the Improvement
Work, and that Subdivider has installed or will install temporary street name signs if permanent
street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work
as set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
-2-
5-24
said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of
said Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum or ONE MILLION
FIVE HUNDRED TWENTY EIGHT THOUSAND DOLLARS ($1,528,000.00) which security
shall guarantee the faithful performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION
FIVE HUNDRED TWENTY EIGHT THOUSAND DOLLARS ($1,528,000.00) to secure the
payment of material and labor in connection with the installation of said improvements, which
security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as
contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FIFTY
THOUSAND DOLLARS AND NO CENTS ($50,000.00) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "c" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
-3-
5-25
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
II. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
-4-
5-26
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
-5-
5-27
SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE SEVEN R-lB MAP
(CVT 05-07)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
-6-
5-28
SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE SEVEN R-lB MAP
(CVT 05-07)
McMillin Otay Ranch, LLC
A Delaware limited liability company
By: McMillin Management Services, L.P.
A California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
Its: General Partn
By:
rr--:J
--A.- ~
Its:
v.P.
(Attach Notary Acknowledgment)
-7-
5-29
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On Auqust 17. 2005 , before me, Ann M. Futo. Notary Public personally appeared
Frank Zaidle and Todd Galarneau, personally known to me to be the persons whose names are
subscribed to the within instrument and aCknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
~rYC
Signature
.~
r;-------
- - -
ti.- IWN M. FUTQ '11
l -.'. Commb.1on i1 1546438
[ Notary PtJbIlc . Ca/ttcmfa f
- - - ~:~~~~~~
This aru for offldal notarial seal
Title of Document Subdivision Imorovemenl Aareemenl for McMillin Olav Ranch Villaae 7. R-18
Date of Document No. of Pages
Other signatures not acknowledged
.
5-30
N,,'''I'\I ~nrm_'
II...UI1II.. ......~..~..;...
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount:
$1,528,000.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount:
$1,528,000.00
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount:
$50,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:\Engineer\Landdev\Projects\McMilIin Otay RanchWiIlagc 7\OR457-459F Final Maps\SlA R-IB.doc
-8-
5-31
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~
' Arm Moore
City Attorney
Dated: ;y / / S- / D~
Subdivision Improvement Agreement between
The City of Chula Vista and McMillin Otay Ranch, LLC
For McMillin Otay Ranch Village Seven R-5 (CVT 05-07)
5-32
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2004, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
MCMILLIN OTAY RANCH, LLC, A DELAWARE LIMITED LIABILITY COMPANY, 2727
Hoover Ave., National City, CA, hereinafter called "Subdivider" with reference to the facts set
forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to lie known as
McMillin Otay Ranch Village Seven R-S (CVT 05-07) pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18
of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision
map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the improvements and/or land development work required in
said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
-1-
5-33
install and complete, at Subdivider's own expense, all the improvement work required by City in
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2004-331, approved on the
12th day of October, 2004 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer, as
shown on Drawing Sets 04112, inclusive on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said improvements according to said
plans and specifications has been submitted and approved by the City in the amount of ONE
MILLION SIX HUNDRED SEVENTY THOUSAND DOLLARS ($1,670,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
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said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of
said Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHT
HUNDRED THIRTY FIVE THOUSAND DOLLARS ($835,000.00) which security shall
guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked
Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHT
HUNDRED THIRTY FIVE THOUSAND DOLLARS ($835,000.00) to Secure the payment of
material and labor in connection with the installation of said improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained
in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of FORTY EIGHT
THOUSAND DOLLARS AND NO CENTS ($40,000.00) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "c" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
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liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requircmcnts of thc Statc Subdivision Map Act and t..'1c provisions of Titlc 18 of thc Chula Vista
Municipal Code.
II. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is underst.ood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
improvements for a period of one year from date of fInal acceptance and correct any and all
defects or defIciencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the perforniance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any offlcer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnifIcation and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modifIcation of the velocity of the
water, erosion or siltation, or the modifIcation of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
offlcers, and employees from any claim, action, or proceeding against the City or its agents,
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5-36
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
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SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OT A Y RANCH VILLAGE SEVEN R-5 MAP
(CVT 05-07)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
AIUl Moore
City Attorney
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5-38
SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RA"ICH VILLAGE SEVEN R-5 MAP
(CVT 05-07)
McMillin Otay Ranch, LLC
A Delaware limited liability company
By: McMillin Management Services, L.P.
A California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
Its: General Partne
BY:~~
Its: \J ,(J
(Attach Notary Acknowledgment)
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}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On Auoust 17. 2005 , before me, Ann M. Futo, Notary Public personally appeared
Frank Zaidle and Todd Galameau, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
~7Y7,
duXo
Signature
~ - - - - - - - - - - - - J
ANN M. FUTO
-@ CommissIOn 111546838
i . -. Notary Public . CaQIomIa f
~' San Diego Counly d
_ _ _ ~:~m:X~_~2:2
This area for offldal nolanal seal
Title of Document Subdivision Imorovemenl Aareemenl far McMillin Olav Ranch Villace 7. R-5
Date of Document No. of Pages
Other signatures not acknowledged
5-40
Jo.I""....,~........._.,
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount:
$835,000.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount:
$835,000.00
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount:
$40,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
l:\Engineer\Landdev\Projects\McMillin Otay Ranch\Village 7\OR457-459F Final Maps\SIA R.5.doc
-8-
5-41
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
&1" /' /ft,ti
Ann Moore
City Attorney
Dated: i/IS' (0)
Supplemental Subdivision Improvement Agreement between
The City of Chula Vista and McMillin Otay Ranch, LLC
For McMillin Otay Ranch Village Seven Neighborhoods R-IA,
R-lB and R5
5-42
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEl'v1ENT AGREEl'v1ENT
FOR THE MCMILLIN OTAYRANCHVILLAGE SEVEN NEIGHBORHOODS R-IA,R-IB
AND R-5.
(Conditions: 1,2,3,4,5,7,8,9,10,11,12,14,16,18,21,22,23,29,
31,32,42,43,45,46,54,57,60,62,70,87,92,93,94,95,96,98,
102, Ill, 112,113,115, 116,117,121,122,131, 132,145,146,147,
14~149,155,157,158,159,160,161,166,167,170,171,173,174,
175, 176, and 177 of Resolution No. 2004-331)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day
of ,2005, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for
recording purposes only) and the signators of this Agreement, McMillin Otay Ranch, LLC, a
Delaware Limited Liability Company, (referred to as "Developer" or "Grantor"), with reference to
the facts set forth below, which recitals constitute a part of this Agreementl:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part ofOtay Ranch Village 7, a master planned development. For purposes of this
Agreement the term "project" shall also mean "Property". Developer has applied for three final maps
for the Property, more specifically known as McMillin OtayRanch Village 7 R-IA, R-lB andR-5.
1 The City and Developer are collectively referred to herein as "the Parties."
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B. Developer and/or Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map co=only referred to as Chula Vista Tract 05-07 ("Tentative
Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2004-331 ("Resolution") on October 12,2004, pursuant
to which it has approved a Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to approve
the fmal maps of the properties known as McMillin Otay Ranch Village Seven R-IA, R-1B and R-5
("Final Maps") as being in substantial conformance with the Tentative Subdivision Map described in
this Agreement. Developer understands that subsequent final maps may be subject to the same
security, terms and conditions contained herein.
F. The following defmed terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Maps" means the final maps for
McMillin Otay Ranch Village Seven R-1A, R-1B and R-5.
2. "Owner or Developer" means the person, persons or entity having a legal or an
equitable interest in the property or parts thereof and includes Owner's successors-in-interest and
assignors of any property within the boundaries of these maps. This includes McMillin Otay Ranch,
LLC and any and all owners of real property within the boundaries of the Property, and all
signatories to this Agreement
3. "Guest Builder" means those entities obtaining any interest in the Property or a
portion of the Property, after the Final Maps have been recorded.
4. "PFFP" means the Otay Ranch Village Seven SPA Plan Public Facilities
Finance Plan adopted by Resolution No. 2004-330 as may be amended from time to time.
5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4, 1996, as may be amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with
the duties and responsibilities described therein.
7. "Village Seven SPA" means the Village Seven Sectional Planning Area Plan
as adopted by the City Council on October 12, 2004 pursuant to Resolution No. 2004-330.
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8. "Addendum" means the Addendum to the Final Second-Tier Environmental
Impact Report 04-06 considered by City Council on March 8, 2005.
9. Final "A" Map means the McMillin Village 7 "A" Map approved on March 8,
2004 by Resolution No. 2005-074.
NOW, TIIEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Performance Obligation. McMillin Otay Ranch LLC, signator to this Agreement,
represents to the City that it is acting as the master developer for this Project and expressly assumes
performance of the all obligations of this Agreement. Notwithstanding the foregoing, all parties to
this Agreement acknowledge and agree that all such obligations remain a covenant running with the
land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good
faith effort to execute on bonds securing the obligations contained herein to the extent necessary to
complete any unfulfilled obligations of the master developer.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon
and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("burden") is for the benefit of the Property and the City, its successors and assigns and
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the co=unity and other parties public or
private, in whose favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project to a guest builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
obtain the written consent of the City to such release. Such assignment to the guest builder shall,
however, be subject to this Agreement and the burden of this Agreement shall remain a covenant
running with the land. The City shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the burden of the Agreement runs with the land, assumes the
obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City,
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its ability to perform its obligations under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of
the Project subject to the burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the burden of this Agreement as to such assigned portion ifsuch
portion has complied with the requirements of this Agreement to the satisfaction of the City and such
partial release will not, in the sole discretion of the City, jeopardize the likelihood that the remainder
of the burden will not be completed.
e. Release ofIndividual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association.
The City may withhold its consent to such release unless the City fmds in its sole discretion that
such release will not jeopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No.1- (General Preliminary) In satisfaction of Condition No. I of the
Resolution, Developer hereby agrees that all of the terms, covenants and conditions contained within
the Resolution shall be binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Developer as to any or all of the Property. Unless specifically provided
otherwise, nothing in this Agreement shall modify, amend, or waive the Resolution or any of the
terms, conditions or covenants therein.
4. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of the
Resolution, Developer agrees to comply with all requirements and guidelines of the City ofChuIa
Vista General Plan; the City's Growth Management Ordinance; ChuIa Vista Landscape Manual;
ChuIa Vista Design Manual; atay Ranch General Development Plan, atay Ranch Resource
Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; atay Ranch Overall
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Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps (TMs), Final
Second-Tier Environmental Impact Report (Final EIR 04-06) and associated Mitigation Monitoring
and Reporting Program (MMRP) and its Addendum; Otay Ranch Village Seven Sectional Planning
Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan (pFFP); Parks,
Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement
Plan (AQIP), Water Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan
as amended from time to time, unless specifically modified in writing by the appropriate department
head, with the approval of the City Manager. These plans may be subject to minor modifications by
the appropriate department head, with the written approval of the City Manager, however, any
material modifications shall be subject to approval by the City Council.
5. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of the
Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained
herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time,
if any of such conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions
and/or seek damages for their violation. City shall notify Developer 10 days prior to any of the
above actions being taken by the City and Developer shall be given the opportunity to remedy any
deficiencies identified by the City within 10 calendar days of the date of the notice.
6. Condition No.4 - (General Preliminary). In satisfaction of Condition No. 4 of the
Resolution, Developer hereby agrees to defend, indemnify, protect, and hold the City, its elected
officials, agents, employees, and officers, harmless from and against any and all claims, liabilities
and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and
subsequent environmental review for the Project and any or all entitlements, approvals, and permits
issued by the City in connection with the Project.
7. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of the
Resolution, the Developer agrees to comply with all applicable Village Seven SPA conditions of
approval, (pCM 04-05) as may be amended from time to time.
8. Condition No.7 (General Preliminary). In satisfaction of Condition No.7 of the
Resolution, the Developer agrees that any and all agreements that the Developer is required to enter
in hereunder shall be in a form approved by the City Attorney.
9. Condition No.8 - (General Preliminary). In partial satisfaction of Condition No.8
of the Resolution, the Developer agrees to provide funds to the Reserve Fund as required by the
Reserve Fund Program. Developer further agrees, pursuant to the provisions of the Growth
Management Ordinance and the Otay Ranch General Development Plan (GDP), to participate in the
funding of the preparation of an annual report monitoring the development of the co=unity ofOtay
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Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and
services governed by the threshold standards. Developer further agrees that an annual review shall
co=ence following the first fiscal year in which residential occupancy occurs in the Project and is
to be completed during the second quarter of the following fiscal year. Developer further agrees that
the annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP.
10. Condition No.9 - (General Preliminary). In satisfaction of Condition No.9 of the
Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to FEIR 04-
06, no more than 400 building permits may be issued by the City within Village 7 prior to the
completion ofSR125 to the International Border. Notwithstanding the foregoing, the City may issue
additional building permits if the City Council, in its sole discretion, determines that each of the
following conditions have been met: 1) SRI25 is constructed and open between SR54 and Olympic
Parkway; and 2) traffic studies, prepared to the satisfaction of the City Engineer and the City
Council, demonstrate that the opening of SRl25 to Olympic Parkway provides additional capacity to
mitigate the project's cumulatively significant traffic impacts to a level below significance without
exceeding GMOC traffic threshold standards. Alternatively, the City may issue building permits if
the City Council, in it's sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
11. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of
the Resolution, the Developer agrees to comply with the terms of the Conveyance Agreement, as
may be amended from time to time, adopted by Resolution No. 18416 by the City Council on
October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and
Building.
12. Condition No. 11 - (Environmental). In satisfaction of condition No. 11 of the
Resolution, the Developer agrees to implement, to the satisfaction of the Director of Planning and
Building and Environmental Review Coordinator, all environmental impact mitigation measures
identified in Final EIR 04-06 (SCH#2003111 050), the candidate CEQA Findings and MMRP for this
Proj ect.
13. Condition No. 12 - (Compliance). In satisfaction of condition No. 12 of the
Resolution, the Developer agrees to comply with all applicable requirements of the California
Department ofFish and Game, the California State Water Resources Quality Control Board, the U.S.
Fish and Wildlife Service and the U.S. Army Corps of Engineers. Developer further agrees that
prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the
Developer shall comply with all applicable requirements prescribed in the Otay Ranch Village Seven
Second-Tier Environmental Impact Report (EIR 04-06)(SCH#2003111 050), and MMRP.
14. Condition No. 14 - (preserve Conveyance). In satisfaction of condition No. 14 of
the Resolution, the Developer to shall comply with all requirements and policies of the Otay Ranch
Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay
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Ranch, Phase 2 Resource Management Plan (RMP2) and "Preserve Conveyance Schedule," as
approved by City Council on June 4, 1996, and as may be amended from time to time by the City
15. Condition No. 16 - (pOM). In satisfaction of condition No. 16 of the Resolution,
the Developer agrees that simultaneously with conveyance of land to the Preserve Owner/Manager
(pOM) in fee title or by easement, the Developer shall cease all cattle grazing on the land to be
conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencing
or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City,
that cattle from adjacent areas cannot access the land being conveyed. Developer further agrees to
comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction
of the Director of Planning and Building.
16. Condition No. 18 - (POM). In satisfaction of Condition Nos. 18, the Developer
agrees as follows:
a. The Developer has provided the City with Irrevocable Offer of Dedication for
229.69 acres of real property in accordance with the RMP 2, a 105.42 acre portion of which is
intended to satisfy the particular acreage conveyance obligation of the Final Maps at a rate of 1.188
acres of conveyance per acre of area within the Final Maps, as of the date of this Agreement. But
such obligation may be subject to change in accordance with paragraph c below. Any remaining
amount shall be credited towards any future map obligations.
b. That Developer shall convey additional real property, if necessary; in order to
comply with the conveyance formula described in RMP 2, as may be amended by City. Developer
acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres
per developable acre.
c. That all land to be conveyed as described above shall be free and clear ofliens and
encwnbrances except for easements for existing public infrastructure and other easements approved
by the City or for planned public infrastructure as permitted in the RMP, Phase 2. Developer further
agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has
legally transferred to the City and County of San Diego
17. Condition Nos. 21 & 22 - (Noise Barriers). In partial satisfaction of condition No.
21 and No. 22 of the Resolution, the Developer has provided security for the noise barriers required
for Neighborhoods R -IA and R-lB of the project in the amount set forth on Exhibit "B". Developer
agrees that unless required noise barriers are constructed, no building permits shall be issued for
those lots within the noise contour of 65 CNEL or greater as described in the Acoustical Study
required by mitigation measure 4.4.1 and the Acoustical Impact Analysis by Giroux & Associates,
dated June 1,2004 and the Noise Technical Report for Otay Ranch Village Seven by RECON, dated
February 23, 2004, unless earlier modified by agreement with the City of Chula Vista, CTV or its
successor in interest, and Developer. Developer further agrees that all noise barrier design and
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construction adjacent to SR-125 shall be coordinated with the City ofChula Vista, CALTRANS, and
CTV or its successor in interest. Developer acknowledges that noise barrier design and construction
adjacent to SR-125 may be modified should a subsequent acoustical study demonstrate to the
satisfaction of the Director of Planning and Building that the applicable noise standards will be
achieved by a modified design.
18. Condition No. 23 - (Coordination). In satisfaction of condition No. 23 of the
Resolution, the Developer agrees to make a good-faith effort to coordinate development and
implementation of the Village Seven SPA Plan Area with all other developers within Village Seven
including phasing, grading, improvements and dedication of right-of-way.
19. Condition No. 29 - (Signage). In partial satisfaction of condition No. 29 of the
Resolution, the Developer agrees that prior to issuance of the first building permit, Developer shall
submit for review and approval a sign program to the Director of Planning and Building and shall
post temporary signs on all neighborhoods within the Project indicating the future land use(s) for
said sites with signage consistent with the sign program. Developer acknowledges that temporary
signs shall be maintained in place until such time as a project is approved for any such future land
use site.
20. Condition No. 31 - (Parkways). In satisfaction o(condition No. 31 of the
Resolution, the Developer agrees that street parkways shall be no less than 7.5 feet in width for the
planting area, except as approved by the City Engineer. Developer further agrees to plant trees within
said parkways which have been selected from the list of appropriate tree species described in the
Village Seven Design Plan, Village Seven SPA Plan and Landscape Master Plan and shall be
approved by the Directors of Planning and Building, General Services and Public Works. Developer
further agrees to provide root barriers and deep watering irrigation systems for the trees, as approved
by the Director of General Services and the Director of Public Works.
21. Condition No. 32 - (Street Trees). In partial satisfaction of condition No. 32 of the
Resolution, the Developer agrees:
a. To install all street trees in accordance with Section 18.28.10 of the Chula Vista
Municipal Code;
b. That all street trees shall be planted in parkways, or as otherwise approved by the
Director of Planning and Building;
c. That street trees, which have been selected from the revised list of appropriate tree
species described in the Village Seven Design Plan, Village Seven SPA Plan, Fire Protection Plan
and Landscape Master Plan, shall be approved by the Director of Planning and Building and the
Director of Public Works;
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d. That prior to the installation of any dry utilities, including but not limited to cable,
telephone, gas or electric lines, Developer agrees to complete preliminary street improvement plans
that show the locations of all future street trees;
e. All street tree improvement plans shall be subject to the review and approval of
the Director Of General Services and the Director of Planning and Building;
f. That prior to any utility installation, wood stakes shall be placed and maintained
in the locations as shown on approved landscape plans and that such stakes shall remain in place
until all dry utilities are installed;
g. That said wood stakes shall be painted a bright color and labeled as future street
tree location;
h. To provide the City documentation, acceptable by the Director Of General
Services and the Director of Planning and Building, that all utility companies have been given notice
that no dry utility line shall be located within five feet of the wood stake in any direction; and
22. To maintain street tree identification stakes in a location as shown on approved plans
until all dry utilities are in place.
23. Condition No. 43 - (Traffic Signals). In satisfaction of condition No. 43 of the
Resolution, the Developer agrees to construct and secure fully activated traffic signals, including
interconnected wiring, at the following intersections:
INTERSECTIONS
. Wolf Canyon Loop and Ma~dalena Avenue
. Magdalena A venue and Peabodv
. Ma~dalena A venue and Santa Luna
. Rock Mountain Rd. and Magdalena Ave.
Developer agrees to design the aforementioned traffic signal in conjunction with the
improvement plans for the related streets. Developer further agrees to install underground
improvements, standards and luminaries in conjunction with the construction of the applicable street
improvements and to install mast arm, signal heads, and associated equipment when traffic signals
warrant as determined by the City Engineer.
24. Condition No. 45 - (Fire). In partial satisfaction of condition No. 45 of the
Resolution, the Developer agrees to comply with the Fire Department's codes and policies for Fire
Prevention, as may be amended from time to time. The Developer further agrees to provide the
following items either prior to the issuance of building permit(s) for the Project, or prior to delivery
of combustible materials on any construction site on the Project, whichever occurs earlier:
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a. Water supply consisting of flre hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any temporary water
supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of 20 feet.
c. Street signs installed to the satisfaction of the City Engineer. Temporary street
signs shall be subject to the approval of the City Engineer and Fire Department. Developer
acknowledges and agrees that the locations and identification of temporary street signs shall be
subject to review and approval by the City Engineer and Fire Department.
25. Condition No. 46 - (Fire Hydrants). In partial satisfaction of condition No. 46 of
the Resolution, the Developer agrees to install fire hydrants upon request and to the satisfaction of
the Fire Department depending on the location of improvements such as cul-de-sacs, alleys,
driveways or when special circumstances exist in a subdivision design as determined by the Fire
Marshall.
26. Condition No. 54 - (Private facilities). In satisfaction of condition No. 54 of the
Resolution, the Developer shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. Developer acknowledges that the installation of sleeves for future
construction of privately owned facilities may be allowed subject to the review and approval of the
City Engineer if the following is accomplished:
a. The developer enters into an agreement with the City where the developer
agrees to the following:
i. Apply for an encroachment permit for installation of the private
facilities within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
111. Mark out any private facilities owned by the developer whenever
work is performed in the area; and,
iv. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
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27. Condition No. 57 - (Street Name Signs). In partial satisfaction of condition No. 57 of
the Resolution, the Developer agrees to install permanent street name signs, and shall install such signs
prior to the issuance of the first building permit for production homes for the applicable final map.
28. Condition No. 60 - (Drainage Maintenance). In partial satisfaction of condition No.
60 of the Resolution, the Developer agrees to complete drainage improvements in accordance with the
Otay Ranch Village Seven Village of Vista Verde Preliminary Drainage Study, dated May 24,2004, or
a subsequent Hydrology Study submitted to and approved by the City Engineer. Developer agrees to
maintain all such drainage improvements until the City, an applicable maintenance district, or other
mechanism as approved by the City formally accepts said improvements for maintenance. Said
maintenance shall ensure that drainage facilities will continue to operate as designed. The Developer
further agrees to maintain, or cause to be maintained, the Receiving Waters of the United States of
America described in the Regional Water Quality Control Board (RWQCB) 401 Water Quality
Certification (401 Certification) for the project and contained within Lot "C" of the Final "A" Map in
accordance with the objectives of the Water Quality and Stream Morphology Plan ("WQSM") required
by said 401 Certification, until the City accepts the Receiving Waters for maintenance by the Village 7
open space maintenance district, or other entity approved by the City. Developer further acknowledges
and agrees that the acceptance of the Receiving Waters by the City shall be in subject to satisfactory
achievement of the objectives of the WQSM as determined in the sole discretion of the Director of
Public Works. This Agreement, as it pertains to Condition No. 60 of the Resolution, expressly revises
and replaces the provisions contained in the Agreement for the Final "A" Map.
29. Condition No. 62 - (Encroachment). In satisfaction of condition No. 62 of the
Resolution, the Developer agrees storm drain systems that collect water from private property shall be
designated private on grading and drainage and/or improvement plans to the point of connection with a
public system or to the point at which storm water that is collected from public street right-of-way,
public park or open space areas is first introduced into the system. Developer agrees that downstream
from that point, the storm drain system shall be public and an encroachment permit shall be processed
and approved by the City for private storm drains within the public right-of-way or within C.FD.
maintained Open Space lots.
30. Condition No. 70 - (NPDES). In satisfaction of condition No. 70 of the Resolution,
the Developer agrees to the following:
a. That development of the subdivision shall comply with all applicable
regulations established by the United States Environmental Protection Agency (USEP A) as set forth in
the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements forurbanrunofI
and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the
N.P .D.E.S. regulations or requirements;
b. To file a Notice of Intent with the State Water Resources Control Board to
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obtain coverage under the N.P.D.E.S. 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;
c. That the SWPPP shall include both construction and post construction pollution
prevention and pollution control measures and shall identify funding mechanisms for post construction
control measures;
d. To comply with all the provisions of the N.P.D.E.S. and the Clean Water
Program during and after all phases of the development process, including but not limited to: mass
grading, rough grading, construction of street and landscaping improvements, and construction of
dwelling units;
e. To design the Project's storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution, satisfactory to the City Engineer;
f. That the San Diego Regional Water Quality Control Board has issued a new
Municipal Storm Water Permit (Order No. 2001-01) and that the permit includes regulations such as
implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing
Criteria for new residential development; and
g. To comply with all relevant City regulations and policies including, but not
limited to, incorporation into the design and implementation of the Project temporary and permanent
structural Best Management Practices and non-structural mitigation measures that would reduce
pollution of storm water runoff to the maximum extent practicable.
31. Condition No. 87 -(poggi Canyon Sewer DIF). In satisfaction of condition No. 87 of
the Resolution, the Developer agrees that prior to issuance of any building permit for equivalent
dwelling units (EDU's) 1 through 190 in the Project within the Poggi Canyon Sewer Basin, the Poggi
Canyon Gravity Sewer DIF in effect at the time of issuance shall be applied to each building permit.
Developer further agrees that in the following cases, the Salt Creek Sewer Interceptor DIF in effect at
the time of issuance shall be applied to each building permit:
i. any EDU to be issued after the 190th building permit, regardless of
which sewer basin the unit is located;
11. any EDU located within the Salt Creek/WolfCanyon Sewer Basin
32. Condition No. 92 - (Homeowners Association). In partial satisfaction of condition
No. 92 of the Resolution, the Developer agrees that within 90 days of approval of the Final Maps, enter
into a maintenance agreement and grant easements as necessary for landscaping and improvements
maintained by a Homeowners Association within City right-of-way or such other public areas required
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by the City.
33. Condition No. 93 - (Slope Erosion Control). In satisfaction of condition No. 93 of
the Resolution, the Developer agrees to install landscape and irrigation slope erosion control in
accordance with approved plans no later than six months from the date of issuance of the grading
permit. Developer agrees that if the work cannot be completed within the specified time, Developer
may request an extension, which may be granted at the discretion of the Director of Planning &
Building. Developer acknowledges that such a request shall be submitted for approval in writing to the
Planning & Building Department sufficiently in advance of the end of the six-month timeframe to
allow processing of the extension. Developer further agrees that notwithstanding the time of installation
of landscape, and irrigation slope erosion control, Developer agrees to remain in compliance with
NPDES.
34. Condition No. 94 & 95 - (Wall and Fence Plan). In satisfaction of condition No. 94
and No.95 of the Resolution, the Developer shall obtain approval ofa Wall and Fence plan from the
Director of General Services within 90 days of the City Council approval of the Final Maps. Developer
agrees that the Wall and Fence Plan shall be in conformance with ElR 04-06 and the Village Seven
SPA Plan and shall be included in the Project's Landscape Master Plan. Developer further agrees that
the Wall and Fence plan shall identify location of walls, constructions materials and color, and wall and
fence types and shall also identify location and type of trail signage proposed throughout the
development. Developer further agrees that fmal wall design, location and construction details,
including fencing and signage, shall be shown on the Wall and Fence Plans and shall be subject to
approval by the Director of General Services. Developer shall update the project's landscape master
Plan to conform to any substantial changes made subsequent to the initial approval of the Plan upon the
request of the Director of General Services.
35. Condition No. 96 - (W ails). In satisfaction of condition No. 96 of the Resolution, the
Developer agrees that prior to constructing a solid masonry, view wall or like wall which will adjoin a
wall constructed by a different developer, a transition wall plan shall be submitted to the City and is
subject to the approval of the Director of Planning and Building. Developer further agrees to work
together with other developers of Village Seven to the satisfaction of the Director of Planning and
Building in order to construct transitions between adjoining walls
36. Condition No. 98 - (Underground Utilities). In satisfaction of condition No. 98 of the
Resolution, the Developer agrees to install underground utilities to the property line of the Project's
park site (P-l) to the satisfaction of the Director of General Services and the City Engineer concurrently
with the installation of underground utilities for any portion of the Project adjacent to the park site or
upon request of the General Services Director, whichever occurs earlier.
37. Condition No. 102 - (park pol). In satisfaction of condition No. 102 of the
Resolution, the Developer agrees to provide the City with an electronic file (DWG or DXF) of an "As-
Built" plan, for the rough grading of the Park P-I site to ensure that the site to be accepted by the City,
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will accommodate a 7.0 net usable acre park based on the approved Village Seven Park Master Plan.
The "As-Built" plan shall be based on surveyed vertical and horizontal control points sufficient to
determine net usable area and shall indicate all easements contained within the park site. Said
easements shall not be eligible for credit towards the net usable park acreage. Developer further
acknowledges and agrees that the As-built plan shall be submitted in a timely manner to accommodate
preparation of park construction drawings, but no later than acceptance by the City of the Park site and
that grading security held for the project shall not be released until the 7.0 net usable area has been
verified as described. .
38. Condition No. 111 - (Accessibility). In satisfaction of condition No. III of the
Resolution, the Developer agrees to comply with the current Regulatory Negotiation Committee
Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be
amended from time to time, developed for U.S. Architectural and Transportation Barriers Compliance
Board when designing all trails and trail connections.
39. Condition No. 112 - (CFD). In partial satisfaction of condition No. 112 of the
Resolution, the Developer agrees to maintain the public open space improvements for a minimum
period of one year or until such time as accepted into the open space district by the Director of Public
Works. Developer acknowledges that if Council does not approve the CFD formation, another
financing mechanism such as a Master Homeowners Association, or an endowment shall be established
and submitted to the City Council for consideration prior to approval of the first map Along with
submission of the application package for formation of the CFD, Developer further agrees to submit an
initial cash deposit in an amount to be determined by the City Engineer to begin the process of
formation of the Open Space District. Developer acknowledges that all costs of formation and other
costs associated with the processing of the open space relating to this Project shall be borne by the
Developer and shall provide all the necessary information and materials (e.g., tables, diagrams, etc.)
required by the City Engineer for processing the formation of the proposed open space district.
40. Condition No. 113 - (CCRs). In satisfaction of condition No. 113 of the Resolution,
the Developer agrees to:
a. Form a Master Homeowner's Association (MHOA), or another financial
mechanism acceptable to the City Manager for the maintenance of those landscaping improvements
that are not to be included in the Open Space Maintenance District. The MHOA shall be structured to
allow annexation of future tentative map areas in the event the City Engineer and Director of Planning
and Building requires such annexation of future tentative map areas. The MHOA formation documents
shall be subject to the approval of the City Attorney; and,
Lb. Within ninety (90) days of the City Council approval of the Final Maps
the Developer shall obtain the City's approval of the C,C&Rs, grant of
easements and maintenance agreements assigning the MHOA responsibility for
maintenance of the landscaping within public street rights-of-way. Developer
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agrees to establish a MHOA that will defend, indemnify, and hold the City and
its officers and employees harmless from any actions of the MHOA in the
maintenance of such areas.
41. Condition No. 115 - (C,C&R's). In partial satisfaction of condition No. lIS of the
Resolution, the Developer agrees to obtain approval by the City Engineer of the Declaration or
Supplementary Declaration of Covenants Conditions, and Restrictions (C,C&R' s) for the Project within
ninety (90) days of approval of the Final Maps. Developers further agrees that the C,C&R's shall
include the following obligations of the Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
1. All open space lots that shall remain private,
ii. OS Lot 25
iii. Other Master Association property.
b. Before any revisions to provisions of the C,C&R's that may particularly affect
the City can become effective, the City shall approve said revisions. The MHOA shall not seek
approval from the City of said revisions without the prior consent of 100 percent of the holders of
first mortgages or property owners within the MHOA.
c. The MHOA shall defend, indemnify and hold harmless the City and its agents,
officers and employee from any claims, demands, causes of action liability or loss related to or
arising from the maintenance activities of the MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100 percent of the holders of
first mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive
general liability insurance written on a per occurrence basis in an amount not less than one million
dollars combined single limit. The policy shall be acceptable to the City and name the City as
additionally insured to the satisfaction of the City Attorney.
f. The C,C&R's shall incorporate restrictions for each lot adjoining open space
lots containing walls maintained by the open space district to ensure that the property owners know
that the walls may not be modified or supplemented nor may they encroach on City property.
g. The C,C&R's shall include provisions assuring maintenance of all streets,
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driveways, drainage and sewage systems which are private.
h. The C,C&R's shall include provisions assuring MHOA membership in an
advance notice such as the USA Dig Alert Service in perpetuity.
i. The C,C&R's shall include provisions that provide the City has the right but
not the obligation to enforce the CC&R provisions the same as any owner in the Project.
j. The C,C&R provisions setting forth restrictions in these Tentative map
conditions may not be revised at any time without prior written permission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for
private streets without approval of 100% of all the HOA members or holder of fIrst mortgages within
the MHOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's
shall also include language which states that any proposal by the HOA to allow "speed bumps" in the
future shall require prior written approval of 100% of all the Homeowners Association members.
42. Condition No. 116 - (MHOA). In partial satisfaction of condition No. 116 of the
Resolution, the Developer agrees that future property owners shall be notified during escrow, by a
document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their
estimated annual cost.
43. Condition No. 117 -(LOT OS-25). In partial satisfaction of condition No. 117 of the
Resolution, the Developer agrees that Lot OS-25 shall be maintained by a maintenance entity as
determined by the Director of Planning and Building based on City Council policy. Developer further
agrees that lot OS-25, Common Usable Open Space area as described in the Chula Vista Design
Manual, shall be landscaped, graded and contains amenities to the satisfaction of the Director
Planning & Building. Developer further agrees that construction shall be completed prior to the
issuance of the final building permit in Neighborhood R-lB
44. Condition No. 121- (protest Formation). In satisfaction of condition No. 121 of the
Resolution, the Developer agrees to not protest formation or inclusion in a maintenance district or zone
for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the
subject subdivision.
45. Condition No. 122 - (parkways). In satisfaction of condition No. 122 of the
Resolution, the Developer acknowledges that street parkways within the Project shall be maintained by
an entity such as a Master Home Owner's Association (W-IOA) or a Community Facilities District
(CFD) and that private homeowners shall not maintain the parkways. Developer agrees that street
parkways shall be designated as recycled water use areas, if approved by the Otay Water District and
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San Diego County Department of Environmental Health.
46. Condition No. 131 - (Sight Distance). In satisfaction of condition No. 131 of the
Resolution, the Developer agrees to design landscape and irrigation plans such that street tree
placement is not in conflict with the visibility of any traffic signage. Developer further agrees that
Developers shall be responsible for the removal of any obstructions of said traffic signs to the
satisfaction of the City Engineer.
47. Condition No. 132 - (private Easements). In satisfaction of condition No. 132 of the
Resolution, the Developer agrees to grant easements to subsequent owners pursuant to Section
18.20.150 of the Municipal Code on any final map that proposes private utilities or drainage facilities
crossing property lines as directed by the City Engineer.
48. Condition No. 145 - (Supplemental Agreement). In satisfaction of condition No. 145
of the Resolution, the Developer agrees to the following:
a.
following occur:
> That the City may withhold building permits for the Project if anyone of the
i. Regional development threshold limits set by a Chula Vista
transportation phasing plan, as amended from time to time, have been
reached or in order to have the Project comply with the Growth Management
Program, as may be amended from time to time.
ii. Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to comply with the
then effective Growth Management Ordinance, and Growth Management
Program and any amendments thereto. Public utilities shall include, but not
be limited to, air quality, drainage, sewer and water.
lll. The required public facilities, as identified in the PFFP or as amended
or otherwise conditioned have not been completed or constructed to the
satisfaction of the City. The developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the City's
Director of Planning and Building and the Public Works Director. The
Developer agrees that the City may withhold building permits for any of the
phases of development identified in the Public Facilities Financing Plan
(PFFP) for Otay Ranch Village Seven SPA if the required public facilities, as
identified in the PFFP or as amended by the Annual Monitoring Program
have not been completed.
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b. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including approval by its
Planning Commission, City Councilor any approval by its agents, officers, or employees with regard
to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the Developer of any claim, action or proceeding and on the further condition that the City
fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for each lot or unit within the
Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of,
and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit
within the properties situated within the [mal map only to those cable television companies
franchised by the City of Chula Vista, the condition of such grant being that:
i. Such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule and does
not require the trenches to be reopened to accommodate the placement of
such conduits; and
ii. Any such cable company is and remains in compliance with, and
promises to remain in compliance with the terms and conditions of the
franchise and with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be, issued by the City of Chula
Vista.
Developer hereby conveys to the City ofChula Vista the authority to enforce said covenant by such
remedies as the City determines appropriate, including revocation of said grant upon determination
by the City of Chula Vista that they have violated the conditions of grant.
d. That the City may withhold the issuance of building permits for the
Project, should the Developer be determined by the City to be in breach of any of the terms of the
Tentative Map Conditions, this Agreement or any Supplemental Agreement. The City shall provide
the Developer of notice of such determination and allow the Developer reasonable time to cure said
breach
e. Defend, indemnify and hold the City, its officers and it employees harmless
from any liability for erosion, siltation or increase flow of drainage resulting from this project.
49. Condition No. 146 - (Congestion Management Plan). In satisfaction of condition
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No. 146 of the Resolution, the Developer agrees to the following:
a. Developer shall participate, on a fair share basis, in any deficiency plan or
financial program adopted by SANDAG to comply with the Congestion Management Program
(CMP);and
b. Developer agrees not to protest the formation of any future regional impact
fee program or facilities benefit district to finance the construction of regional facilities.
50. Condition No. 147 - (previous Agreements). In satisfaction of condition No. 147 of
the Resolution, the Developer shall to comply with all previous agreements with the City including
the Final "A" Map Agreement as they pertain to these Final Maps.
51. Condition No. 148 - (Street Sweeping). In satisfaction of condition No. 148 of the
Resolution, the Developer agrees to cause street sweeping to commence immediately after the final
residence, in each phase, is occupied and shall continue sweeping until such time that the City has
accepted the street or 60 days after the completion of all punch list items, whichever is shorter.
Developer agrees to provide the City Special Operations Manager with a copy of the memo
requesting street sweeping service, which memo shall include a map of areas to be swept and the
date the sweeping will begin.
52. Condition No. 149 - (Regional Fee Program). In satisfaction of condition No. 149
of the Resolution, the Developer agrees to equitably participate in any future regional impact fee
program for regional facilities should the region enact such a fee program to assist in the construction
of such facilities. Developer further agrees to not protest the formation of any potential future
regional benefit assessment district formed to finance regional facilities.
53. Condition No. 155 - (Schools). In satisfaction of condition No. 155 of the
Resolution, the Developer agrees to deliver to the Chula Vista Elementary School District, Lot S-3 to
the satisfaction of the School District including utilities provided to the site and an all weather access
road acceptable to the District. Developer agrees that the all-weather access road shall also be
acceptable to the Fire Department and that this schedule is subject to modification by the School
District as based on District facility needs.
54. Condition No. 157 - (AQIP). In satisfaction of condition No. 157 of the Resolution,
the Developer agrees to implement the final Air Quality Improvement Plan (AQIP) measures as
approved by the City Council, and as may be amended from time to time, and to comply and remain
in compliance with the AQIP.
55. Condition No. 158 - (AQIP). In satisfaction of condition No. 158 of the Resolution,
the Developer acknowledges that the City Council may, from time-to-time, modify air quality
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improvement and energy conservation measures as technologies and/or programs change or become
available. Developer agrees to modify the AQIP to incorporate those new measures upon request of
the City, which are in effect at the time, prior to or concurrent with each map approval within the
Project. Developer acknowledges that the new measures shall apply to development within all future
map areas, but shall not be retroactive to those areas, which receive final map approval prior to effect
of the subject new measures. Developer acknowledges and agrees that the City has adopted the City
of Chula Vista Air Quality Improvement Plan Guidelines (AQIP Guidelines) as approved per
Resolution No. 2003-260 and that such guidelines as approved and as may be amended from time-to-
time shall be implemented.
56. Condition No. 159 - (WCP). In satisfaction of condition No. 159 of the Resolution,
the Developer agrees to implement the final Water Conservation Plan (WCP) measures as approved
by the City Council, and as may be amended from time to time, and to comply and remain in
compliance with the WCP.
57. Condition No. 160-(WCP). In satisfaction of condition No. 160 of the Resolution,
Developer acknowledges that the City Council may, from time-to-time, modify water conservation
measures as technologies and/or programs change or become available. Developer shall modify the
WCP to incorporate those new measures upon request of the City, which are in effect at the time,
prior to or concurrent with each map approval within the Proj ect. Developer acknowledges that the
new measures shall apply to development within all future map areas, but shall not be retroactive to
those areas, which receive fmal map approval prior to effect of the subject new measures. The
Developer acknowledges and agrees that the City has adopted the City of Chula Vista Water
Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No. 2003-234 and that
such guidelines as approved and as maybe amended from time-to-time shall be implemented
58. Condition No.161- (public Facilities). In satisfaction of condition No. 161 of the
Resolution, the Developer agrees to install all public facilities in accordance with the Village Seven
Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold
standards adopted by the City and that the City Engineer may modify the sequence of improvement
construction should conditions change to warrant such a revision. The Developer further agrees to
comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as
may be amended from time to time by the City. Developer acknowledges that said Chapter includes
but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation
(19.09.090) and Threshold Compliance Procedures (19.09.100).
59. Condition No. 166 - (GMOC). In satisfaction of condition No. 166 of the
Resolution, the Developer agrees that pursuant to the provisions of the Growth Management
Ordinance (Section 19.09 of the CYMC) and the Otay Ranch General Development Plan (GDP), and
as they may be amended from time to time, the Developer shall fund a fair share of the preparation of
an armual report monitoring the development of the community of Otay Ranch. The armual
monitoring report will analyze the supply of, and demand for, public facilities and services governed
20
5-62
by the threshold standards. An annual review shall commence following the first fiscal year in which
residential occupancy occurs and is to be completed during the second quarter of the following fiscal
year. The annual report shall adhere to those guidelines noted on page 353, Section D of the
GDP/SRP; and prepare a five year development phasing forecast identifying targeted submittal dates
for future discretionary applications (SPA's and tentative maps), projected construction dates,
corresponding public facility needs per the adopted threshold standards, and identifying financing
options for necessary facilities.
60. Condition No. 167 - (Project Manger). In satisfaction of condition No. 167 of the
Resolution, the Developer agrees to retain a project manager to coordinate the processing of
discretionary permit applications originating from the private sector and submitted to the City of
Chula Vista. Developer acknowledges that the project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. Developer further agrees that project
manager shall have a well-rounded educational background and experience, including but not limited
to land use planning and architecture.
61. Condition No. 171- (PFFP). In satisfaction of condition No. 171 of the Resolution,
the Developer agrees that the Public Facility Finance Plan or revisions thereto shall be adhered to for
the SPA and tentative maps with improvements installed by Applicant in accordance with said plan
or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a
facility-phasing plan based upon a set of assumptions concerning the location and rate of
development within and outside of the Project area. Throughout the build-out of Village Seven SPA,
actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor
any other Village Seven SPA Plan document grant the Applicant an entitlement to develop as
assumed in the PFFP, or limit the Village Seven SPA's facility improvement requirements to those
identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on
actual development patterns and updated forecasts in reliance on changing entitlements and market
conditions, shall govern Village Seven SPA development patterns and the facility improvement
requirements to serve such development. In addition, the sequence in which improvements are
constructed shall correspond to any transportation phasing plan or amendment to the Growth
Management Program and Ordinance adopted by the City. The City Engineer and Director of
Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design
of improvement construction should conditions change to warrant such a revision.
62. Condition No. 173 - (Municipal Code). In satisfaction of condition No. 173 of the
Resolution, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal
Code and that preparation of the Final Map and all plans shall be in accordance with the provisions
of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision
Manual. Developer further agrees to underground all utilities within the subdivision in accordance
with Municipal Code requirements.
21
5-63
63. Condition No. 174 - (Fees). In satisfaction of condition No. 174 of the Resolution,
the Developer agrees to pay the following fees, as applicable, in accordance with the City Code and
Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
a. Signal Participation Fees.
b. All applicable sewer fees, including but not limited to sewer connection fees.
c. Poggi Canyon Sewer DIF
d. Salt Creek Sewer Basin DIF.
Developer agrees to pay the amount of said fees in effect at the time of issuance of building permits.
64. Condition No. 175 - (Compliance). In satisfaction of condition No. 175 of the
Resolution, the Developer agrees to comply with all relevant Federal, State, and Local regulations,
including the Clean Water Act. The Developer acknowledges and agrees that Developer will be
responsible for providing all required testing and documentation to demonstrate said compliance as
required by the City Engineer.
65. Condition No. 176 - (Notice of Special Taxes). In satisfaction of condition No. 176 of
the Resolution, the Developer agrees to ensure that prospective purchasers sign a "Notice of Special
Taxes and Assessments" pursuantto Municipal Code Section 5.46.020 regarding projected taxes and
assessments .
66. Condition No. 177 - (Compliance). In satisfaction of condition No. 177 of the
Resolution, the Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. Said chapter includes butis
not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.1 00).
67. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction of Developer's obligation of Conditions: 1,2,3,4,5,7,8,9,10,11,12,14,16,
18,21,22,23,29,31,32,42,43,45,46,54,57,60,62, 70,87,92,93,94,95,96,98,102, Ill, 112,
113,115,116,117,121,122,131,132,145,146,147,148,149, 155, 157, 158, 159, 160, 161, 166,
167,170,171,173,174,175,176, and 177 of the Resolution. Developer further understands and
agrees that some of the provisions herein may be required to be performed or accomplished prior to the
approval of other final maps for the Project, as may be appropriate.
68. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
22
5-64
Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision Map,
established by the Resolution and shall remain in compliance with and implement the terms,
conditions and provisions therein.
69. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
70. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits and all other permits for the entire Village Seven SPA project area,
should the Developer be determined by the City to be in breach of any of the terms of this
Agreement. The City shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the
City may withhold building permits within the Final Map as defined herein if the required public
facilities for the Otay Ranch Village 7 SPA Plan, as defined in the PFFP or as amended by the
Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the
satisfaction of the City. Nothwithstanding the forgoing, the City shall have the right to withhold
building permits to ensure compliance with condition 9 of this Agreement.
71. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-
class postage prepaid, addressed to the address indicated in this Agreement. A party may change
such address for the purpose of this paragraph by giving written notice of such change to the other
party .
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
McMillin Otay Ranch LLC
2750 Womble Road
San Diego, CA 92106
Attn: Frank Zaidle
Fax (619) 794-1303
A party may change such address for the purpose of this paragraph by giving written notice of such
23
5-65
change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subj ect matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties unless expressly noted. Amendments to
this Agreement must be in writing and approved by the parties authorized representatives
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or drafting this
Agreement.
e. Assignablity. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City Manager
in his/her sole discretion determines that such an assignment will not adversely affect the City's
interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a
substitution of securities by the successor in interest in place and instead of the original securities
described herein so long as such substituted securities meet the criteria for security as set forth
elsewhere in this agreement. Such assignment will be in a form approved by the City Attorney.
f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are
incorporated by reference into this Agreement.
g. Attorney's Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will 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.
[NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES]
24
5-66
[pAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE MCMILLIN OTA Y RANCH VILLAGE
SEVEN "A" MAP]
CITY OF CHULA VISTA
Stephen C. Padilla,
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
DATED:
,2005
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
25
5-67
[[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE MCMILLIN OTA Y RANCH VILLAGE
SEVEN "A" MAP]
DEVELOPERS/OWNERS:
McMillin Otay Ranch LLC,
A Delaware limited liability company
By: McMillin Companies LLC
Its: Managing Member
lI~
By 4J-,~
Title: \t '. P.
(ATTACH NOTARY ACKNOWLEDGMENTS)
26
5-68
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On Auqust 15. 2005 , before me, Ann M. Futo. Notary Public personally appeared
Frank Zaidle and Todd Galarneau, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
lli~A ~~ .ULiV
Signature
Q ANN M. FUTO
- ... Commis!ion # J 546838
1 . Notary Public - Call1amla f
San DIego County -
_ _ _ ~:~:.Ex~:~2:2~
This area for offidal notarial seal
Title of Document Supplemental Subdivision Improvement Aareement for McMillin Otav Ranch Villaae 7
Neiah. R-1A. R1B. R-S
Date of Document
Other signatures not acknowledged
No. of Pages
5-69
N"t........~n.........7
U..UIlII..................L...
List of Exhibits
Exhibit A
Exhibit B
Legal Description of Property
Security
EXU-ilJiT A
J-14531M
OTAY RANCH VILLAGE 7
LEGAL DESCRIPTION
Real property in the City of Chula Vista, County of San Diego, State of California,
described as follows:
Being all of Lots 1, 2, 3, 4, 5 and 6 of Chula Vista Tract No. 05-07, McMillin Otay
Ranch Village 7, "A" Map, in the City of Chula Vista, County of San Diego, State
of California, according to Map thereof No. 15014, filed in the Office of the
County Recorder of San Diego County, May 6, 2005
",//...t::JJ-
,. mes M. Coram, L.S. 5059
Jb/14531m.019
5-71
EXHIBIT "B"
SECURITY
CHULA VISTA TRACT NO. 05-07.
MCMILLIN OT A Y RANCH VILLAGE SEVEN "A" MAP
Noise Barriers for Neighborhoods
R-1A, R-1B, R-5
Landscape and Irrigation for
McMillin Otay Ranch Village
Seven
$162,630.00
2165159
$ 715,608.75
J:\Engineer\Landdcv\Projects\McMillin Otay Ranch\VilIage 7\OR457-459F Final Maps\SSIA4.doc
5-72
COUNCIL AGENDA STATEMENT
Item
Meeting Date 8/23/2005
D
ITEM TITLE: 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
SUBMITTED BY: Director of Public Works Operations$-
REVIEWED BY: City Manager 0
RECOMMENDATION: Council continue the item to September 20, 2005.
6-1
COUNCIL AGENDA STATEMENT
Item '?
Meeting Date 08/23/05
ITEM TITLE:
Resolution Approving an application for grant funds
for the Per Capita Grant Program under the California Clean Water,
Clean Air, Safe Neighborhood Parks and Coastal Protection Act of
2002.
SUBMITTED BY:
Director of General Services 6..:fd-.
City ManagerQ (4/5ths Vote: Yes_ No
x )
REVIEWED BY:
The City of Chula Vista has received notification from the State of California regarding the
allocations for 2002 Resource Bond Act Per Capita Grant Program (Attachment" 1). The
allocation for the City of Chula Vista for this program is $840,000. Grant funds are available for
expenditure on a reimbursement basis by the Applicant (City of Chula Vista) after a fully
executed Contract with the State Department of Parks and Recreation Department is secured via
the application process.
RECOMMENDATION: That Council approve the application for grant funds for the Per
Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks
and Coastal Protection Act of 2002.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
The California Clean Water, Clean Air, Safe Neighborhood Parks and Coast Protection Act of
2002 is intended to acquire and develop properties of the State Park System, to acquire and
develop neighborhood, community, and regional parks and recreational areas, for land, air, and
water conservation programs, including acquisition for those purposes, and to acquire, restore,
preserve and interpret California's historical and cultural resources.
The people of the State of California have enacted the Per Capita Grant Program, which provides
funds for the acquisition and development of neighborhood, community and regional parks and
recreation lands and facilities. The California Department of Parks and Recreation has been
delegated the responsibility for the administration of the grant program, setting necessary
procedures. Said procedures established by the California Department of Parks and Recreation
require the Applicant's Governing Body (City Council) to certify by resolution the approval of
the Applicant (City of Chula Vista) to apply for the Per Capita Allocation in the amount of
$840,000 as identified in the attached City and District Per Capita Allocations Table (Attachment
2). A fully executed contract must be completed by June 30, 2006 or funds will revert to the
Legislature. A sample of the Grant Contract is attached (Attachment 3).
7-1
Page 2, Item l
Meeting Date 08/23/05
Staff has reviewed, understands and agrees to the General Provisions contained in the Contract
shown in the Per Capita Grant Program Procedural Guide. The approval of the filing of an
application for local assistance funds from the Per Capita Grant Program will provide for a fully
executed Contract with the State Department of Parks and Recreation Department as necessary
prior to the identification of the City's projects and amount of grant funds needed for each
project. In addition, it will provide for the appointment of the Director of General Services to act
as agent to conduct all negotiations, execute and submit all documents including, but not limited
to Applications, agreements, payment requests and so on, which may be necessary for the
completion ofProject(s) on behalf of the City.
The expenditure of grants funds will be administered and managed through the Capital
Improvement Program. Staff will return to Council to recommend the approval and
appropriation of the grant funds over the next several months for specific eligible projects.
FISCAL IMPACT: None.
Attachment(s):
1. Notification of 2002 Resource Bond Act Allocation
2. City and District Per Capita Allocations
3. Sample Grant Contract (Per Capita Program)
M:\General Services\GS Administration\Council Agenda\Park and Rec Grants\2002 Resource Bond Actl.doc
7-2
Attachment 1
'@
_ .~. State of California. The Resources Agency
, "~":", DEPARTMENT OF PARKS AND RECREATION. P.O. Box 942896. Sacramento, CA 94296-0001
· (916) 653-7423 '
Gray Davis, Governor
Ruth G. Coleman, Acting Director
August 14, 2003
De"_c,,iy
""'I'70eOf q;
'Ill Vlq
-95b Of IT. Irtst.
,AI Sf", lib" q
'lV$ &0' &"l'
< ? lOr;
~
,.
Daniel Beintema, Nature Center Director, Chula Vista Nature Center
City of Chula Vista, The Nature Center
276 Fourth Avenue
Chula Vista, CA 91910
Dear Daniel Beintema:
Subject:
2002 Resources Bond Act - City of Chula Vista
Per Capita Allocation - $840,000
The allocations for the Per Capita Program under the 2002 Resources Bond Act
have been finalized and funds included in the fiscal year 03/04 State budget. Your
agency will receive the amount indicated above. A list of all eligible applicants and
allocations is available on the Department's web site at htto:llwww.oarks.ca.Qov. The
procedural guide, with program information and application forms, is also available on
the web site or you may request a hard copy by writing to us at the above address,
calling us at (916) 653-7423 or e-mailingusatlocalservices@oarks.ca.Qov .
To encumber the funds, please submit a resolution from your governing body to
the Office of Grants and Local Services. A contract will be sent to you to be signed and
returned. A fully executed copy will be returned to you. Please refer to the Per Capita
Procedural Guide for a copy of the required resolution. It is not necessary to identify
specific projects in the resolution. Eligible costs may be incurred after July 1, 2003 up
to your allocation. After a contract is executed and a complete application submitted,
you may request funds for project expenses.
We look fONJard to assisting you with the projects to be funded from this
program. If you have any questions regarding the program or the grant process, please
contact your project officer, Joshua Brady at (916) 651-8459 or email at
ibrady@oarks.ca.Qov .
Sincerely,
~~
Betty Ettinger
Assistant Chief
Office of Grants and Local Services
7-3
Attachment 2
The California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 Per Capita Grant
Program Allocations
Citv and District Per Caoita Allocations
JURISDICTION 1 ALLOCATION
COUNTY OF SACRAMENTO
City of Citrus Heiohts $0
City of Elk Grove $0
Citv of F 01 som $ 267,000
City of Galt $ 220,000
City of Isleton $ 220,000
Citv of Sacramento $ 1,868,000
Arcade Creek R. P.D. $ 220,000
Arden Manor RP.D. $ 220,000
Arden Park R.P.D. $ 220,000
Carmichael RP.D. $ 220,000
Cordova RP.D. $ 443,000
Elk Grave C.S.D. $ 426,000
Fair Oaks R.P.D. $ 220,000
Fulton-EI Camino R.P.D. $ 220,000
Mission Oaks RP.D. $ 264,000
North Hiahlands RP.D. $ 220,000
Oranaevale RP.D. $ 220,000
Ria LindalElverta P.R.D. $ 220,000
Southaate R.P.D. $ 449,000
Sunrise R P. D. $ 687,000
COUNTY OF SAN BENITO
City of Hollister 1$ 220,000
Citv of San Juan Bautista 1$ 220,000
COUNTY OF SAN BERNARDINO
City of Adelanto $ 220,000
Citv of Barstow $ 220,000
City of Bia Bear Lake $ 220,000
Citv of Chino $ 303,000
Ci " of China Hills $ 312,000
Ci " of Colton $ 220,000
City of Fontana $ 612,000
City of Grand Terrace $ 220,000
City of Hesperia $0
City of Hiohland $ 220,000
Citv of Lama Linda $ 220,000
City of Montclair $ 220,000
City of Needles $ 220,000
City of Ontario $ 714,000
City of Rancho Cucamonaa $ 603,000
City of Redlands $ 290,000
Citv of Rialto $ 417,000
City of San Bernardino $ 835,000
City of Twentvnine Palms $ 220,000
Citv of Upland $ 310,000
City of Victorville $0
Citv of Yucaipa $ 220,000
Town of Apple Vallev $ 250,000
Town of Yucca Vallev $ 220,000
Barstow RP.D. $ 220,000
BiQ Bear Vallev R.P.D. $ 220,000
Citv and District Per Capita Allocations
JURISDICTION I ALLOCATION
COUNTY OF SAN BERNARDINO (CONT.l
Bloomington P.R.D. $ 220,000
Hesperia P.RD. $ 316,000
Moronoo Vallev C.S.D. $ 220,000
Rim of the World RP.D. $ 220,000
Victorville R.P.D. $ 365,000
COUNTY OF SAN DIEGO
City of Carlsbad $ 387,000
City of Chula Vista $ 840,000
City of Coronado $ 220,000
City of Dei Mar $ 220,000
City of EI Caion $ 424,000
City of Encinitas $ 264,000
Ci v of Escondido $ 603,000
Ci v of Imperial Beach $ 220,000
Ci v of La Mesa $ 245,000
City of Lemon Grove $ 220,000
City of National City $ 256,000
City of Oceanside $ 735,000
City of Powav $ 220,000
Citv of San DieQo $ 5,522,000
City of San Marcos $ 267,000
City of Santee $ 236,000
Cltv of Solana Beach $ 220,000
City of Vista $ 405,000
Lake Cuvamaca R.P.D. $ 220,000
Vallev Center C.S.D. $ 220,000
COUNTY OFSAN FRANCISCO
City of San Francisco 1$ 3,490,000
COUNTY OF. SAN JOAQUIN
Citv of Escalon $ 220,000
City of Lathrop $ 220,000
City of Lodi $ 261,000
City of Manteca $ 242,000
City of Ripon $ 220,000
City of Stockton $ 1,116,000
City of Tracv $ 288,000
COUNTY OF SAN LUIS OBISPO
Citv of Arrovo Grande $ 220,000
City of Atascadero $ 220,000
City of Grover Beach $ 220,000
Citv of Morro Bav $ 220,000
City of Paso Robles $ 220,000
Citv of Pismo Beach $ 220,000
Citv of San Luis Obispo $ 220,000
Cambria C.S.D. $ 220,000
Temoleton C.S.D. $ 220,000
7-4
Attachment 3
State of California. The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2002 Resources Bond Act
,>:,\.;.
CER!
AMOUNT OF ESTIMATE 'i'
$
ADJ. INCREASING ENCUM
$
ADJ. DEC
$
! UNEN,9
PER CAPITA GRANT PROGRAM
GRANTEE
THE PROJECT PERFORMANCE PERIOD is from ........ through ............ .
The Grantee agrees to the terms and conditions of this Contract, and the State 0
acting through its Director of Parks and Recreation pursuant to the Per Capita Pro
California Clean Water, Clean Air, Safe Neighborhood Parks, and stal Protectid
2002, agrees to fund the total Project Grant Amount indicated.
THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOP
NEIGHBORHOOD, COMMUNITY, AND REGIONAL PA6 D
LANDS AND FACILITIES.
Total Project Grant Amount not to exceed $
Grantee
By
(Signature of Authorized Representative)
Title
Date
FORNIA
OF PARKS AND RECREATION
By
Title
Date
G FOR STATE USE ONLY
FUND
FISCAL YEAR
INDEX
OBJ. EXPEND PCA
DATE
2002 Per Capita Procedural Guide
18
7-5
Grant Contract
Special Provisions
General Provisions
A. Definitions
1. The term "Act' as used herein means the Appropriation for the Program.
2. The term "Application" as used herein means the individual Application and its required
attachments for grants pursuant to the enabling legislation and/or Program.
3. The term "Acquisition" means to obtain fee titie or a lesser interest in real property, including
specifically, a conservation easement or development rights.
4. The term "Departmenr means the Califomia Department of Parks and Recreation.
5. The term "Development" means including, but not limited to, improvement, rehabilitation,
restoration, enhancement, Preservation, protection, and interpretation. Resources Bond Act of
2002 funds may only be used for Capital Improvement.
6. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this
Contract. The term "Project' as used herein means the Project described on page 1 of this
Contract.
7. The term "State" as used herein means the State of California Department of Parks and
Recreation.
B. Project Execution
1. Subject to the availability of grant monies in the Act, the State hereby grants to the Grantee a
sum of money (grant monies) not to exceed the amount stated on page 1, in consideration of,
and on condition that, the sum be expended in carrying out the purposes as set forth in the
Description of Project on page 1 , and under the terms and conditions set forth In this Contract.
The Grantee shall assume any obligation to fumish any additional funds that may be necessary
to complete the Project. Any modification or alteration in the Project as set forth in the
Application on file with the State must be submitted to the State for approval.
2. The Grantee shall complete the Project in accordance with the time of Project Performance set
forth on page 1, and under the terms and conditions of this Contract.
3. The Grantee shall comply as lead agency with the California Enyironmental Quality Act (Public
Resources Code, Section 21000, et. seq., Title 14, California Code of Reoulations, Section
15000 et. seq.).
4. The Grantee shall comply with all applicable current laws and regulations affecting Development
Projects, including, but not limited to, legal requirements for construction Contracts, building
codes, health and safety codes, and laws and codes pertaining to individuals with disabilities.
5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion
by the State, to determine if Development work is in accordance with the approved Project
Scope.
6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation
from the original Project Scope in writing to the State for prior approval.
2002 Per Capita Procedural Guide
19
7-6
7. If the Project includes Acquisition of real property, the Grantee agrees to comply with all
applicable state and local laws or ordinances affecting relocation and real property
Acquisition.
8. The Grantee shall provide for public access to Project facilities in accordance with the intent and
provisions of the enabling legislation and/or Program.
9. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and
demonstrate to the satisfaction of the State that the proposed Project will provide public
benefits that are commensurate with the type and duration of the interest in land, as
determined by the State, that is held by the Grantee.
10. The Grantee shall maintain and operate the property funded for a period that is
commensurate with the type of Project and the proportion of state funds allocated to the
capital costs of the Project. With the approval of the State, the Grantee, or the Grantee's
successor in interest in the property, may transfer the responsibility to maintain and operate
the property in accordance with this section. The Grantee shall use the property only for the
purposes for which the grant was made and shall make no other use or saie or other
disposition of the property, except as authorized by specific Act of the Legislature. The
agreements specified in this section shall not prevent the transfer of the property from the
Grantee to a public agency, if the successor public agency assumes the obligations imposed
by those agreements. If the use of the property is changed to a use that is not permitted by
the category from which the grant funds were appropriated, or if the property is sold or
otherwise disposed of, an amount equal to (1) the amount of the grant, (2) the fair market
value of the real property, or (3) the proceeds from the sale or other disposition, whichever is
greater, shall be used by the Grantee for a purpose authorized by that category, pursuant to
agreement with the State as specified in this section, or shall be reimbursed to the fund and
be available for appropriation by the Legislature only for a purpose authorized by that
category. If the property sold or otherwise disposed of is less than the entire interest in the
property funded with the grant, an amount equal to either the proceeds from the sale or other
disposition of the interest or the fair market value of the interest sold or otherwise disposed
of, whichever is greater, shall be used by the Grantee for a purpose authorized by the
category from which the funds were appropriated, pursuant to agreement with the State as
specified in this section, or shall be reimbursed to the fund and be available for appropriation
by the Legislature only for a use authorized by that category.
11. Lands or interests in land acquired with grant funds shall be acquired from a willing seller.
12. The Application shall be accompanied by certification from the Grantee's planning agency
that the Project for which the grant is requested is consistent with the park and recreation
element of the applicable city or county general plan, the district park and recreation plan, or
appropriate planning document, as the case may be, and will satisfy a high priority need.
C. Project Costs
The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows:
1. If the Project includes Acquisition of real property, the State may disburse to the Grantee the
grant monies as follows, but not to exceed, in any event, the total Project Grant Amount set forth
on page 1 of this Contract:
a. Up to a 10% advance of the totai Project Amount.
b. After the property is in escrow, the Grantee may request up to 80% of the Project
Grant Amount as specified in the approved Application. The Grantee shall
immediately place these funds in escrow.
2002 Per Capita Procedural Guide
20
7-7
c. The remaining Project grant funds shail be paid up to the amount of the grant or the
actual Project cos~ whichever is less, on completion of the Project and receipt of a
detailed summary of Project costs from the Grantee.
2. If the Project includes Development, the State may disburse to the Grantee the grant monies as
foilows, but not to exceed, in any event, the total Project Grant Amount set forth of page 1 of this
Contract
a. Up to a 10% advance of the total Project Grant amount
b. On proof of award of a construction Contract or commencement of construction by Force
Account, up to 80% of the total Project Grant Amount, not to exceed 80% of the total doilar
amount of any or ail awarded construction contracts.
3. The remaining grant funds shall be paid up to the amount of the grant or the actual Project co~
whichever is less, on completion of the Project and receipt of a detailed summary of Project
costs from the Grantee.
D. Project Administration
1. The Grantee shall promptly submit written Project reports as the State may request. In any
event, the Grantee shail provide the State a report showing total final Project expenditures.
2. The Grantee shall make property and facilities deveioped pursuant to this Contract available for
inspection upon request by the State.
3. The Grantee shall use any monies advanced by the State under the terms of this Contract solely
for the Project herein described.
4. If grant monies are advanced, the Grantee shall place these monies In a separate interest
bearing account, setting up and identifying such account prior to the advance. Interest eamed
on grant monies shall be used on the Project, as approved by the State. If grant monies are
advanced and not expended, the unused portion of the grant shail be retumed to the Stale within
60 days of completion of the Project or end of the Project Performance Period, whichever is eariier.
5. The Grantee shall use income eamed by the Grantee from use of the Project to further Project
purposes, or, If approved by the State, for related purposes within the Grantee's jurisdiction.
E. Project Termination
1. Any Grant funds that have not been expended by the Grantee shall revert to the fund and be
available for Appropriation by the Legislature for one or more of the local assistance
programs that the Legislature determines to be the highest priority statewide.
2. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the
Project. After Project commencement this Contract may be rescinded, modified or amended
only by mutual agreement in writing between the Grantee and the Slate.
3. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the
Act may be cause for suspension of ail obligations of the Slale hereunder. However, such
failure shall not be cause for the suspension of all obligations of the Slate hereunder if in the
judgment of the State such failure was due to no fault of the Grantee. In such case, any amount
required to settfe at minimum cost any irrevocable obligations properiy incurred shall be eligible
for reimbursement under this Contract
4. Because the benefit to be derived by the Slate, frcm the full compliance by the Grantee with the
terms of this Contract is the preservation, protection and net increase in the quantity and quality
of parks, public recreation facilities and/or Historical Resources available to the people of the
Slate of Califomia and because such benefit exceeds to an immeasurable and unascertainable
2002 Per Capita Procedural.Guide
21
7-8
extent, the amount of money fumished by the State by way of grant monies under the provisions
of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount
equal to the amount of the grant monies disbursed under this Contract by the State would be
inadequate compensation to the State for any breach by the Grantee of this Contract. The
Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the
Grantee of this Contract shall be the specific performance of this Contract, unless otherwise
agreed to by the State.
5. The Grantee and the State agree that if the Project includes Development, final payment may
not be made until the Project conforms substantially to this Contract.
F. Hold Harmless
1. The Grantee shall waive all claims and recourse against the State including the right to
contribution for loss or damage to persons or property arising from, growing out of or in any way
connected with or incident to this Contract except claims arising from the concurrent or sole
negligence of the State, its officers, agents, and employees.
2. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and
employees against any and all claims, demands, damages, costs, expenses or liability costs
arising out of the Acquisition, Development, construction, operation or maintenance of the
property described as the Project which claims, demands or causes of action arise under
Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or
sole negligence of the State, its officers, agents, or employees.
3. The Grantee agrees that in the event the State is named as codefendant under the provisions of
Government Code Section 895 et. seq., the Grantee shall notify the State of such fact and shall
represent the State in the legal action unless the State undertakes to represent itself as
codefendant in such legal action in which event the State shall bear its own litigation costs,
expenses, and attorney's fees.
4. The Grantee and the State agree that in the event of judgment entered against ttie State and the
Grantee because of the concurrent negligence ofthe State and the Grantee, their officers,
agents, or employees, an apportionment of liability to pay such judgment shall be made by a
court of competent jurisdiction. Neither party shall request a jury apportionment.
5. The Grantee shall indemnify, hold harmless and defend the State, tts officers, agents and
employees against any and all claims, demands, costs, expenses or liability costs arising out of
legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges
that it is solely responsible for compliance with items to which it has certified.
G. Financial Records
1. The Grantee shall maintain satisfactory financial accounts, documents and records for the
Project and make them avaiiable to the State for auditing at reasonable times. The Grantee also
agrees to retain such financial accounts, documents and records for three years following
Project termination or completion.
The Grantee and the State agree that during regular office hours each of the parties hereto and
their duly authorized representatives shall have the right to inspect and make copies of any
books, records or reports of the other party pertaining to this Contract or matters related thereto.
The Grantee shall maintain and make available for Inspection by the State accurate records of
all of its costs, disbursements and receipts with respect to its activities under this Contract.
2. The Grantee shall use a generally accepted accounting system.
H. Use of Facilities
2002 Per Capita Procedural Guide
22
7-9
1. The Grantee agrees that the Grantee shall use the property developed with grant monies
under this Contract only for the purposes for which the State grant monies were requested
and no other use of the area shall be permilled except by specific Act of the Legislature.
2. The Grantee shall maintain and operate the property developed for a period commensurate
with the type of Project and the proportion of State grant funds and local funds allocated to
the capital costs of the Project, as determined by the State.
I. Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of sex, race, coior,
national origin, age, religion, ancestry, sexual orientation, or disability in the use of any
property or facility developed pursuant to this Contract.
2. The Grantee shall not discriminate against any person on the basis of residence except to the
extent that reasonable differences in admission or other fees may be maintained on the basis
of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the
special provisions of this Project Contract or under provisions of the enabling legislation
and/or Program.
J. Application Incorporation
The Application and any subsequent change or addition approved by the State is hereby
incorporated in this Contract as though set forth in full in this Contract.
K. Severability
If any provision of this Contract or the Application thereof is held invalid, that invalidity shall not affect
other provisions or Applications of the Contract which can be given effect without the invalid provision
or Application, and to this end the provisions of this Contract are severabie.
2002 Per Capita Procedural Guide
23
7-10
RESOLUTION NO. 2005-
RESOLUTION APPROVING AN APPLICATION FOR GRANT
FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS AND COASTAL PROTECTION ACT OF
2002.
WHEREAS, the people of the State of California have enacted the Per Capita Grant
Program, which provides funds for the acquisition and development of neighborhood,
community and regional parks and recreation lands and facilities; and
WHEREAS, the California Department of Parks and Recreation has been delegated the
responsibility for the administration of the grant program, setting necessary procedures; and
WHEREAS, said procedures established by the California Department of Parks and
Recreation require the Applicant's Governing Body (City Council) to certifY by resolution the
approval of the Applicant (City of Chula Vista) to apply for the Per Capita Allocation; and
WHEREAS, the Application (City of Chula Vista) will enter into a Contract with the
State of California: and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby
1. Approve the filing of an Application for local assistance funds from the Per
Capita Grant Program under the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of2002; and
2. Certify that the Applicant has or will have sufficient funds to operate and
maintain the Project(s); and
3. CertifY that the Applicant has reviewed, understands and agrees to the General
Provisions contained in the Contract shown in the Procedural Guide; and
4. Appoint the Director of General Services as agent to conduct all negotiations,
execute and submit all documents including, but not limited to Applications,
agreements, payment requests and so on, which may be necessary for the
completion of Project(s).
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
approving an application for grant funds for the Per Capita Grant Program under the California
Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002.
Presented by
Approved as to form by
Jack Griffin
General Services Director
~~\~~~~
Ann Moore
City Attorney
7-11
COUNCIL AGENDA STATEMENT
Item 73
Meeting Date 08/23/05
ITEM TITLE:
Resolution Approving an application for grant funds
for the Roberti-Z'Berg-Harris Block Grant Program under the
California Clean Water, Clean Air, Safe Neighborhood Parks and
Coastal Protection Act of 2002.
SUBMITTED BY:
Director of General Services G J!:r
City Manager {:) (4/5ths Vote:
Yes No
x )
REVIEWED BY:
The City of Chula Vista has received notification from the State of California regarding the
allocations for 2002 Resource Bond Act Roberti-Z'Berg-Harris Block Grant Program
(Attachment 1). The allocation for the City of Chula Vista for this program is $516,930. Grant
funds are available for expenditure on a reimbursement basis by the Applicant (City of Chula
Vista) after a fully executed Contract with the State Department of Parks and Recreation
Department is secured via the application process.
RECOMMENDATION: That Council approve the application for grant funds for the Roberti-
Z'-Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Act of 2002.
BOARDS/COMMISSION: Not applicable
DISCUSSION:
The California Clean Water, Clean Air, Safe Neighborhood Parks and Coast Protection Act of
2002 is intended to acquire and develop properties of the State Park System, to acquire and
develop neighborhood, community, and regional parks and recreational areas, for land, air, and
water conservation programs, including acquisition for those purposes, and to acquire, restore,
preserve and interpret California's historical and cultural resources.
The people of the State of California have enacted the California Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Act of 2002 which provides funds for the Roberti-
Z'Berg-Harris Block Grant Program for grants to eligible Applicants. The California Department
of Parks and Recreation has been delegated the responsibility for the administration of the
program within the State, setting up necessary procedures. Said procedures established by the
California Department of Parks and Recreation require the Applicant's Governing Body (City
Council) to certify by resolution the approval of the Applicant (City of Chula Vista) to apply for
the Roberti-Z'Berg-Harris allocation in the amount of$516,930 as identified in the attached City
and District Per Capita Allocations Table (Attachment 2). A fully executed contract must be
completed by June 30, 2006 or funds will revert to the Legislature. A sample of the Grant
Contract is attached (Attachment 3).
8-1
Q'
Page 2, Item ~
Meeting Date 08/23/05
Staff has reviewed, understands and agrees to the General Provisions contained in the Contract
shown in the Roberti-Z'Berg-Harris Block Grant Program Procedural Guide. The approval of the
filing of an application for local assistance funds from the Per Capita Grant Program will provide
for a fully executed Contract with the State Department of Parks and Recreation Department as
necessary prior to the identification of the City's projects and amount of grant funds needed for
each project. In addition, it will provide for the appointment of the Director of General Services
to act as agent to conduct all negotiations, execute and submit all documents including, but not
limited to Applications, agreements, payment requests and so on, which may be necessary for the
completion ofProject(s) on behalf ofthe City.
The expenditure of grants funds will be administered and managed through the Capital
Improvement Program. Staff will return to Council to recommend the approval and
appropriation ofthe grant funds over the next several months for specific eligible projects.
FISCAL IMPACT: None.
Attachment(s):
1. Notification of 2002 Resource Bond Act Allocation, Roberti-Z' -Berg-
Harris Block Grant Allocation
2. City and District Per Capita Allocations
3. Sample Grant Contract (Per Capita Program)
M:\General Services\GS Administration\Council Agenda\J>ark and Rec Grants\RZH 2002 Resource Bond Actl.doc
8-2
~.
_ ~. State of California. The Resources Agency
- . ,.,..- DEPARTMENT OF PARKS AND RECREATiON. P.O. Box 942896. Sacramento, CA 94296-0001
.' @ (916) 653-7423
Attachment 1
Gray Davis, Governor
August 14, 2003
Ruth G. Coleman, Acting Director
C.
D. .11'0'
i=H1:3 ,r'L
-""<;;;i(.l1tn ......t II '/a.
Fi.61)t oiA Vi,st<l
.A J h Gceiv$(/6cre<ltiOI)
'-'1/&;1 ~
Daniel Beintema, Nature Center Director, Chula Vista Nature Center
City of Chula Vista, The Nature Center
276 Fourth Avenue
Chula Vista, CA 91910
Dear Daniel Beintema:
Subject:
2002 Resources Bond Act - City of Chula Vista
Roberti-Z'Berg-Harris Block Grant Allocation - $516,930
The allocations for the block grant portion of the Roberti-Z'Berg-Harris Urban
Open Space and Recreation Program (RZH) under the 2002 Resources Bond Act have
been finalized and funds included in the fiscal year 03/04 State budget. Your agency
will receive the amount indicated above. A list of all eligible applicants and allocations is
available on the Department's web site at http://www.parks.ca.qov. The procedural
guide, with program information and application forms, is also available on the web site
or you may request a hard copy by writing to us at the above address, calling us at
(916) 653-7423 or e-mailingusatlocalservices@parks.ca.qov .
To encumber the funds, please submit a resolution from your governing body to
the Office of Grants and Local Services. A contract will be sent to you to be signed and
returned. A fully executed copy will be returned to you. Please refer to the RZH Block
Grant Procedural Guide for a copy of the required resolution. It is not necessary to
identify specific projects in the resolution. Eligible costs may be incurred after July 1,
2003 up to your allocation. After a contract is executed and a complete application
submitted, you may request funds for project expenses.
We look forward to assisting you with the projects to be funded from this
program. If you have any questions regarding the program or the grant process, please
contact your project officer, Charlie Harris at (916) 651-8582 or email at
charr@parks.ca.qov .
Sincerely,
~~
John Schmill
Manager
Office of Grants and Local Services
8-3
Attachment 2
The California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002
Roberti-Z'Berg-Harris Block (Per Capita) Grant Program Allocations
City and District Block Grant Allocations for tbe RZH
Urbanized and Heavily Urbanized Grant Programs.
. d' . d' .
Note: · indicates a heavily urbaruze l]uns lctlOn.
JURISDICTION I ALLOCATION
COUNTY OF SAN DIEGO
City of Carlsbad $ 238,292
City of Chula Vista $ 516,930
City of Coronado $ 70,269
City of Del Mar $ 12,185
City of EI Caion $ 261,308
City of Encinitas $ 162,471
City of Escondida $ 370,977
City of Imoerial Beach $ 74,466
City of La Mesa $ 150,557
City of Lemon Groye $ 68,644
City of National City $ 157,327
City of Oceanside $ 452,754
City of Poway $ 134,445
City of San Diego" $ 5,541,430
City of San Marcos $ 164,638
City of Santee $ 145,412
City of Solana Beach $ 36,015
City of Vista $ 249,394
COUNTY OFSAN FRANCISCO
City of San Francisco" 1$ 3,502,173
COUNTY OF SAN JOAQUIN
City of Lathroo $ 31,411
City of Lodi $ 160,847
City of Manteca $ 148,932
City of Ripon $ 30,193
City of Stockton $ 687,254
City of Tracy $ 177,635
COUNTY OF SAN LUIS OBISPO
City of Atascadero $ 73,112
City of Paso Robles $ 69,863
City of San Luis Obisoo $ 120,364
COUNTY OF SAN MATEO
City of Belmont $ 68,373
City of Brisbane $ 9,911
City of Burlingame $ 76,903
City of Daly City $ 282,700
City of East Palo Alto $ 84,214
City of Foster City $ 78,257
City of Menlo Park $ 84,079
City of Millbrae $ 56,323
City of Pacifica $ 104,929
City of Redwood City $ 206,610
Page 6 of7
City and District Block Grant Allocations for tbe RZH
Urbanized and Heavily Urbanized Grant Programs.
Note: · indicates a heavily urbanized iurisdiction.
JURISDICTION I ALLOCATION
COUNTY OF SAN MATEO rCONT.1
City of San Bruno $ 109,262
City of San Carlos $ 75,549
City of San Mateo $ 254,809
City of South San Francisco $ 165,179
Town of Atherton $ 19,564
Town of Colma $ 3,277
Town of Hillsborouoh $ 29,786
Town of Portal a Valley $ 12,212
Town of Woodside $ 14,622
Hiohlands RD. $ 6,645
Ladera R.D. $ 4,333
COUNTY OF SANTA BARBARA
City of Carpinteria $ 39,129
City of Goleta $ 78,528
City of Lompoc $ 112,782
City of Santa Barbara $ 245,603
City of Santa Maria $ 217,983
Isla Vista R.P.D. $ 57,049
COUNTY OF SANTA CLARA
City of Camobell $ 103,982
City of Cuoertino $ 129,165
City of Gilroy $ 119,010
City of Los Altos $ 75,414
City of Miloitas $ 172,761
City of Monte Sereno $ 9,532
City of Moman Hill $ 94,233
City of Mountain View $ 193,883
City of Palo Alto $ 163,825
City of San Jose" $ 4,051,154
City of Santa Clara $ 282,430
City of Saratoga $ 82,454
City of Sunnyvale $ 359,604
Town of Los Aitos Hills $ 21,663
Town of Los Gatos $ 78,392
Rancho Rinconada R.P.D. $ 12,185
COUNTY OF SANTA CRUZ
City of CaoitoJa $ 27,485
City of Santa Cruz $ 149,203
City of Scotts Valley $ 31,411
City of Watsonyille $ 129,842
Alba RD. $ 184
Boulder Creek R.P.D. $ 29,562
La Selya Beach RD. $ 6,187
Ooal Cliffs P.R.D. $ 2,166
8-4
Attachment 3
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2002 RESOURCES BOND ACT
ROBERTI-Z'BERG-HARRIS BLOCK GRANT PROGRAM
GRANTEE
PROJECT PERFORMANCE PERIOD is from Julv 1 2003 through June 30 2011.
, ,(.,."
The Grantee agrees to the terms and conditions of this Contract, and the State of California, actinglhrough its Diretior of Parks and
Recreation, pursuant to the Roberti-Z'Berg-Harris Block Grant Program under the Californi.a CleanWater,<:iean Air, Sate
Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the Project(s)up.tothe t()tal Sta~Grant Amount indicated.
These funds are for high priority projects that satisfy the most urgent park and recrElation needs, with emphasis onlJnmet needs in
the most heavily populated and most economically disadvantaged areas Within each jurisdiction.
Total State Grant Amount not to exceed $
Grantee
The General and Special Provisions attached are
made a part of and incorporated into the Contract.
By
(Typed or Print~d, N,arT1~ ~_~J\uthOrized;Represent~tive)
Title
(Signature of Authorize~Representative)
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By
Date
Date
I hereby certify that the Grantee has met. or will meet, all federal, state and local environmental, public health, relocation, affirmative action, and
clearinghouse requirements and al[ other appropriate codes, laws. and regulations prior to the expenditure of the grant funds.
[Public Resources Code 5626(d)]
Signed
Date
(Legal Counsel for Grantee)
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
i CONTRACT NUMBER i FUND
I APPROPRIATION I
I ITEM CALSTARS VENDOR NUMBER !
I i
, UNENCUMBERED BAlANCE $ LINE ITEM ALLOTMENT , CHAPTER I STATUTE I FISCAL YEAR
FNO. I B.R. NO. I INDEX i PCA i i OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
i AMOUNT OF ESTIMATE $
ADJ. INCREASING ENCUMBRANCE $
ADJ. DECREASING ENCUMBRANCE $
SIGNATURE OF ACCOUNTING OFFICER
.
I DATE
2002 RZH Block Grant Procedural Guide
23
8-5
Grant Contract
Special Provisions
General Provisions
A. Definitions
1. The term "Act" as used herein means the Appropriation for the Program.
2. The term "Application" as used herein means the individual Application and tts required
attachments for grants pursuant to the enabling legislation and/or Program.
3. The term "Acquisition" means to obtain fee title or a lesser interest in real property, including
specifically, a conservation easement or development rights.
4. The term "Department" means the Califomia Department of Parks and Recreation.
5. The term "Development" means including, but not limited to, improvement, Rehab/lttation,
restoration, enhancement, Preservation, protection, and interpretation. Bond Act funds may only
be used for Capital Improvement.
6. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this
Contract. The term "Project" as used herein means the Project described on page 1 of this
Contract.
7. The term "State" as used herein means the State of Califomia Department of Parks and
Recreation.
B. Project Execution
1. Subject to the availabiltty of grant monies in the Act, the State hereby grants to the Grantee a
sum of money (grant monies) not to exceed the amount stated on page 1 of this Contract, in
consideration of, and on condition that, the sum be expended in carrying out the purposes as set
forth in the Description of Project on page 1 of this Contract, and under the terms and conditions
set forth in this Contract.
Grantee shall assume any obligation to fumish any addttional funds that may be necessary to
complete the Project. Any modification or alteration in the Project as set forth in the Application
on file with the State must be submitted to the State for approval.
2. The Grantee shall complete the Project in accordance wtth the time of Project Performance set
forth on page 1, and under the terms and conditions of this Contract.
3. The Grantee shall comply as lead agency with the Califomia Environmental Qualtty Act (Public
Resources Code, Section 21000, et. seq., Title 14, Califomia Code of Reoulations, Section
15000 et. seq.)
4. The Grantee shall comply wtth all applicable current laws and regulations affecting Development
Projects, including, but not limtted to, legal requirements for construction contracts, building
codes, health and safety codes, and laws and codes pertaining to individuals wtth disabiltties.
5. The Grantee shall permtt periodic site visits, including a final inspection upon Project completion
by the Stale, to determine if Development work is in accordance with the approved Project
Scope.
2002 RZH Block Grant Procedural Guide 24
8-6
6. Prior to the commencement of any worK, the Grantee agrees to submit any significant deviation
from the original Project Scope in writing to the State for prior approval. Changes in the Project
Scope must be approved in writing by the State and must meet the exact need described in the
original Project Application.
7. If the Project includes Acquisition of real property, the Grantee agrees to comply with all
applicable state and local laws or ordinances affecting relocation and real property
Acquisition.
8. The Grantee shall provide for public access to Project facilities in accordance with the intent and
provisions of the enabling legislation and/or Program.
9. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and
demonstrate to the satisfaction of the State that the proposed Project will provide public
benefrts that are commensurate with the type and duration of the interest in land, as
determined by the State, that is held by the Grantee.
10. The Grantee shall maintain and operate the property funded for a period that is
commensurate with the type of Project and the proportion of state funds allocated to the
capital costs of the Project. With the approval of the State, the Grantee, or the Grantee's
successor in interest in the property, may transfer the responsibility to maintain and operate
the property in accordance with this section. The Grantee shall use the property only for the
purposes for which the grant was made and shall make no other use or sale or other
disposition of the property, except as authorized by specific Act of the Legislature. The
agreements specified in this section shall not prevent the transfer of the property from the
Grantee to a public agency, if the successor public agency assumes the obligations imposed
by those agreements. If the use of the property is changed to a use that is not permitted by
the category from which the grant funds were appropriated, or if the property is sold or
otherwise disposed of, an amount equal to (1) the amount of the grant, (2) the fair marKet
value of the real property, or (3) the proceeds from the sale or other disposition, whichever is
greater, shall be used by the Grantee for a purpose authorized by that category, pursuant to
agreement wrth the State as specified in this section, or shall be reimbursed to the fund and
be available for Appropriation by the Legislature only for a purpose authorized by that
category. If the property sold or otherwise disposed of is less than the entire interest in the
property funded with the grant, an amount equal to either the proceeds from the sale or other
disposition of the interest or the fair marKet value of the interest sold or otherwise disposed
of, whichever is greater, shall be used by the Grantee for a purpose authorized by the
category from which the funds were appropriated, pursuant to agreement with the State as
specified in this section, or shall be reimbursed to the fund and be available for Appropriation
by the Legislature only for a use authorized by that category.
11. Lands or interests in land acquired with grant funds shall be acquired from a willing seller.
12. The Application shall be accompanied by certification from the Grantee's planning agency
that the Project for which the grant is requested is consistent with the Park and Recreation
element of the applicable city or county general plan, the District parK and recreation plan, or
appropriate planning document, as the case may be and will satisfy a high priority need.
C. Project Costs
The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows:
1. If the Project includes Acquisrtion of real property, the State may disburse to the Grantee the
grant monies as follows, but not to exceed, in any event, the total State grant amount set forth
on page 1 of this Contract:
2002 RZH Block Grant Procedural Guide 25
8-7
a. Up to a 10% advance of the total Project Amount
b. After the property is in escrow, the Grantee may request up to 80% of the total Project Grant
Amount as specified in the approved Application, or 100% of the actual Acquisttion cost,
whichever is less. The Grantee shall immediately place these funds in escrow.
c. The remaining Project grant funds shall be paid up to the amount of the grant or the actual
Project cost, whichever is less, on completion of the Project and receipt of a detailed
summary of Project costs from the Grantee.
2. If the Project includes Development, the State may disburse to the Grantee the grant monies as
follows, but not to exceed in any event the total Project Grant Amount set forth on page 1 of this
Contract:
a. Up to a 10% advance of the total Project Grant amount.
b. On proof of award of a construction contract or commencement of construction by Force
Account, up to 80% of the total Project Grant Amount, not to exceed 80% of the total dollar
amount of any or all awarded construction contracts.
c. The remaining Project grant funds shall be paid up to the amount of the grant or the actual
Project cost, whichever is less, on completion of the Project and receipt of a detailed
summary of Project costs from the Grantee.
D. Project Administration
1. The Grantee shall promptly submit written Project reports as the State may request.
In any event, the Grantee shall provide the State a report showing total final Project
expendttures.
2. The Grantee shall make property and facilities developed pursuant to this Contract available
for inspection upon request by the State.
3. The Grantee shall use any monies advanced by the State under the terms of this Contract
solely for the Project herein described.
4. If grant monies are advanced, the Grantee shall place these monies in a separate interest
bearing account, selling up and identifying such account prior to the advance. Interest
earned on grant monies shall be used on the Project, as approved by the State. If grant
monies are advanced and not expended, the unused portion of the grant shall be retumed to
the State within 60 days of completion of the Project or end of the Project Performance
Period, as shown on the signature page, whichever is earlier.
5. The Grantee shall use income eamed by the Grantee from use of the Project to further
Project purposes, or, if approved by the State, for related purposes within the Grantee's
Jurisdiction.
E. Project Termination
1. Any Grant funds that have not been expended by the Grantee shall revert to the fund and be
available for Appropriation by the Legislature for one or more of the local assistance
programs that the Legislature determines to be the highest priority statewide.
2. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the
Project. After Project commencement this Contract may be rescinded, modified or amended
only by mutual agreement in wrtting between the Grantee and the State.
2002 RZH Block Grant Procedural Guide 26
8-8
3. Failure by the Grantee to comply w~h the terms of this Contract or any other Contract under the
Act may be cause for suspension of all obligations of the State hereunder. However, such
failure shall not be cause for the suspension of all obligations of the State hereunder If in the
judgment of the State such failure was due to no fault of the Grantee. In such case, any amount
required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible
for reimbursement under this Contract.
4. Because the benef~ to be derived by the State, from the full compliance by the Grantee with the
terms of this Contract, is the Preservation, protection and net increase in the quant~ and qual~
of parks, public recre~ion facilities and/or Historical Resources available to the people of the
State of Califomia and because such benefit exceeds to an immeasurable and unascertainable
extent, the amount of money fumished by the State by way of grant monies under the provisions
of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount
equal to the amount of the grant monies disbursed under this Contract by the State would be
inadequ~e compensation to the State for any breach by the Grantee of this Contract. The
Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the
Grantee of this Contract shall be the specific performance of this Contract, uniess otherwise
agreed to by the State.
5. The Grantee and the State agree that if the Project includes Deveiopment, final payment may
not be made until the Project conforms substantially to this Contract.
F. Hold Harmless
1. The Grantee shall waive all claims and recourse against the State including the right to
contribution for loss or damage to persons or property arising from, growing out of or in any way
connected w~h or incident to this Contract except claims arising from the concurrent or sole
negligence of the State, ~s officers, agents, and employees.
2. The Grantee shall Indemnify, hold harmless and defend the State, its officers, agents and
employees against any and all claims, demands, damages, costs, expenses or liability costs
arising out of the Acquis~ion, Development, construction, operation or maintenance of the
property described as the Project which claims, demands or causes of action arise under
Govemment Code Section 895.2 or otherwise except for liability arising out of the concurrent or
sole negligence of the State, ~s officers, agents, or employees.
3. The Grantee agrees that in the event the State is named as codefendant under the provisions of
Govemment Code Section 895 et. seq., the Grantee shall notify the State of such fact and shall
represent the State in the legal action unless the State undertakes to represent itse~ as
codefendant in such legal action in which event the State shall bear Its own I~iga~on costs,
expenses, and attomey's fees.
4. The Grantee and the State agree that in the event of judgment entered against the State and the
Grantee because of the concurrent negligence of the State and the Grantee, their officers,
agents, or employees, an apportionment of liability to pay such judgment shall be made by a
court of competent Jurisdiction. Neither party shall request a jury apportionment.
5. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and
employees against any and all claims, demands, costs, expenses or liabil~ costs arising out of
legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges
that ~ is solely responsible for compliance with items to which ~ has certified.
G. Financial Records
2002 RZH Block Grant Procedural Guide 27
8-9
1. The Grantee shall maintain satisfactory financial accounts, documents and records for the
Project and to make them available to the State for audtting at reasonable times. The Grantee
also agrees to retain such financial accounts, documents and records for three years following
Project termination or final payment.
The Grantee and the State agree that during regular office hours each of the parties hereto and
their duly authorized representatives shall have the right to inspect and make copies of any
books, records or reports of the other party pertaining to this Contract or matters related thereto.
The Grantee shall maintain and make available for inspection by the State accurate records of
all of its costs, disbursements and receipts wtth respect to tts activtties under this Contract.
2. The Grantee shall use a generally accepted accounting system.
H. Use of Facilities
1. The Grantee agrees that the Grantee shall use the property developed with grant monies
under this Contract only for the purposes for which the State grant monies were requested
and no other use of the area shall be permitted except by specific Act of the Legislature.
2. The Grantee shall maintain and operate the property developed for a period commensurate
with the type of Project and the proportion of State grant funds and local funds allocated to
the capital costs of the Project, as determined by the State.
I. Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of sex, race, color,
nationai origin, age, religion, ancestry, sexual orientation, or disability in the use of any
property or facility developed pursuant to this Contract.
2. The Grantee shall not discriminate against any person on the basis of residence except to
the extent that reasonable differences in admission or other fees may be maintained on the
basis of residence and pursuant to law.
3. All facilities shail be open to members of the public generally, except as noted under the
special provisions of this Project Contract or under provisions of the enabling legislation
and/or Program.
J. Application Incorporation
The Application and any subsequent change or addttion approved by the State is hereby
incorporated in this Contract as though set forth in full in this Contract.
K. Severabiltty
If any provision of this Contract or the Application thereof is held invalid, that invalidity shall not
affect other provisions or Applications of the Contract which can be given effect without the invalid
provision or Application, and to this end the provisions of this Contract are severable.
2002 RZH Block Grant Procedural Guide
28
8-10
RESOLUTION NO. 2005-
RESOLUTION APPROVING AN APPLICATION FOR GRANT
FUNDS FOR THE ROBERTI-Z'BERG-HARRIS BLOCK GRANT
PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN
AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL
PROTECTION ACT OF 2002.
WHEREAS, the people of the State of California have enacted the California Clean
Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 which provides
funds for the Roberti-Z'Berg-Harris Block Grant Program for grants to eligible Applicants; and
WHEREAS, the California Department of Parks and Recreation has been delegated the
responsibility for the administration of the program within the State, setting up necessary
procedures; and
WHEREAS, said procedures established by the California Department of Parks and
Recreation require the Applicant's Governing Body (City Council) to certify by resolution the
approval of the Applicant (City of Chula Vista) to apply for the Roberti-Z'-Berg-Harris
allocation; and
WHEREAS, the Application (City of Chula Vista) will enter into a Contract with the
State of California for the project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby
I. Approve the filing of an Application for local assistance funds from the Roberti-
Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Act of2002; and
2. Certify that the Applicant has or will have sufficient funds to operate and
maintain the Project(s); and
3. Certify that the Applicant has reviewed, understands and agrees to the General
Provisions contained in the Contract shown in the Procedural Guide; and
4. Certify that the Project conforms to the recreation element of any applicable city
or county general plan; and
5. Appoint the Director of General Services as agent to conduct all negotiations,
execute and submit all documents including, but not limited to Applications,
agreements, payment requests and so on, which may be necessary for the
completion ofProject(s).
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
approving an application for grant funds for the Roberto-Z'Berg-Harris Block Grant Program
under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection
Act of2002.
8-11
Resolution
Page 2
Presented by
Approved as to form by
Jack Griffin
General Services Director
~'~"''C\J"\]\\ 'f'uf~~
Ann Moore
City Attorney
8-12
COUNCIL AGENDA STATEMENT
Item
Meeting Date:
,4
8/23/05
ITEM TITLE:
Resolution Accepting bids, awarding a contract for the
"Slurry/Chip Seal Pavement Rehabilitation FY04/05 in the City of Chula
Vista, California" project, a component of the 2005 Pavement
Rehabilitation project (STL-3l0), authorizing the expenditure of all
available contingencies
REVIEWED BY:
Director of General Services (j-t-.
City Manager D
(4/5ths Vote: Yes_No-X....)
SUBMITTED BY:
On July 27, 2005, the Director of General Services received sealed bids for the "Slurry/Chip Seal
Pavement Rehabilitation FY04/05 in the City of Chula Vista, California" project, a component of
the 2005 Pavement Rehabilitation project (STL-3l0). The work consists of the application of
Slurry Seal Pavement Coats on various pavement locations in the City ofChula Vista, California.
Work for this project also includes the preparation and application of: crack-filler,
removal/replacement of failed pavement, striping, traffic control, and other miscellaneous work,
and all labor, material, equipment, and transportation necessary for the project.
RECOMMENDATION: That Council accept bids, and award the contract for the "Slurry/Chip
Seal Pavement Rehabilitation FY04/05 in the City of Chula Vista, California" project, a
component of the 2005 Pavement Rehabilitation project (STL-310), to American Asphalt South,
Inc. for $988,050.00, and authorize the expenditure of all available contingencies.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: Included in the FY2004-05 eIP Budget is a project for the rehabilitation of
deteriorating pavement throughout the city. Public Works Operations and Engineering, through
the Pavement Management System, developed a priority list of streets to be included in the
program. The total budget for the Pavement Rehabilitation Program FY2004/2005 is $3,500,000
from Transnet Funds and includes overlay, chip seals, and slurry seals as maintenance strategies.
The slurry seal project will use $1,221,855.00 of the annual pavement program funds. The
remaining funds will fund the pavement rehabilitation of Otay Lakes Road (Ridgeback Road to
Bonita Road), which was a recent Utility Undergrounding District, and pavement overlay at
various locations.
The total funding amount of$I,22l,855 consists ofthe following: $988,050.00 is proposed to be
awarded to the contractor, American Asphalt South, Inc, $60,000 shall be used for construction
soils and pavement testing, $75,000 for City staff time (survey, inspections, and design), and
contingencies in the amount of$98,805.
9-1
~
Page 2, Item v
Meeting Date: 8/2 /05
The slurry seal project consists of utilizing the application of Rubberized Emulsified Aggregate
Slurry (REAS) on various pavement locations in the City of ChuIa Vista, California. Typically,
this maintenance strategy is performed on pavements approximately 7- I 0 years old. The purpose
of this strategy is to prolong the pavement life of a street. Proper maintenance of newer streets,
such as slurry seals, may decrease the probability of having to perform a more expensive
rehabilitation such as an overlay. This project includes the preparation and application of slurry
seal, crack filler, striping and markings, traffic control, and other miscellaneous work, and all
labor, material, equipment, and transportation necessary for the project, and described in these
documents.
According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract
change order aggregate amount allowable to be approved by the Director of Public Works
Operations, City Council approval is required. However, approval of tonight's resolution will
increase the Director of Public Works Operations authority to approve change orders as
necessary up to the contingency amount of $98,805, authorizing staff to expend all available
contingencies and increase the value of the contract as necessary due to unforeseen
circumstances. Unforeseen circumstances (i.e. poor sub grade, utility conflicts, increase of dig-
out quantities, etc.) may cause an increase in quantities beyond what was anticipated during the
preparation of the proj ect specifications. A typical "unforeseen circumstance" situation occurs
during the dig-out process as pavement distress areas are repaired (dig-outs). Often times,
additional areas are repaired beyond what is anticipated due to the failing area increasing in size.
As a result, additional material is required to repair the areas and may lead to a necessary
"Change Order" to the contract. . This is a typical situation with all pavement rehabilitation
projects.
Project Design staff has prepared specifications and advertised the project. Staff received and
opened one bid on July 27, 2005. Appendix "A" shows the list of streets included in the project.
The City received the following bid:
CONTRACTOR BID AMOUNT
I. American Asphalt South, Inc. - Fontana, California $988,050.00
The low bid submitted by American Asphalt South, Inc. is above the Engineer's estimate of
$756,200.00 by $231,850. This increase is due to the rising cost of materials and labor. The
Engineer's estimate was based on past bid prices from the 2002/2003 fiscal year, which were
escalated based on anticipated current costs. Staff has verified the references provided by the
contractor and their work has been satisfactory.
The application of REAS seal coats is a specialized task that few companies perform. The
smaller contracting firms capable of performing REAS seal coats typically do not bid on larger
size projects, such as the subject project. City staff anticipated 2 to 3 contracting firms to bid on
this project, but received a response from only American Asphalt South, Inc. One other company
had obtained the contract bid package, but did not respond to the City.
9-2
C1
Page 3, Item-L-
Meeting Date: 8/23/05
Disclosure Statement
Appendix "B" is a copy of the contractor's Disclosure Statement.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the project qualifies for a
Class I categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus,
no further environmental review is necessary.
Wage Statement
Contractors bidding this project are not required to pay prevailing wages to persons employed by
them for the work under this project.
FISCAL IMPACT:
FUNDS REOUlRED FOR PROJECT
A. Contract Amount (American Asphalt South, Inc.) $988,050.00
B. Contingencies (Approx. 10%) $98,805.00
C. Staff Costs, Design & Inspection $75,000.00
D. Construction Testing $60,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $1,221,855.00
FUNDS AVAILABLE FOR PROJECT
STL310 (Transnet Funds) $1,221,855.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $1,221,855.00
Upon completion of the project, the improvements will reqUire only routine City street
maintenance.
Attachments: A.
B.
List of streets to be rehabilitated.
Contractor's Disclosure Statement
M:\General Services\GS Administration\Council Agenda\STL-314 Sluny Seal\STL314 Al13 fOT Award of Contract Revised FINAL - JD5M
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ATTACHMENT B
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subj ect of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
;t//,(
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. .
,e/h!
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
. ,4/,4'
5. Has any person. associated with this contract had any financial dealings with an official." of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No_
,1/4
~4'"11
M:lEngineer\DESIGN\STL314\STL-314 CONTRACT June 2005. icm.doc
l
If Yes, briefly descnbe the nature qfthe financial interest the official" may bave in this contract
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No K Yes _ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City
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 X
If Yes, which official** and what was the nature of item provided?
Date:
:Nt .1t ,1t1/f
." ..
~
Sign e of Contractorl Applicant
Lv~ s;J1f}~ /.rt't~,.'Y
Mt or type name of Contract'or/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning C011l1ilissioner,
Member ofa board, commission, or committee of the City, employee, or staff members.
1~-12
M:\Engineer\DESIGN\STL314\STL_114 rnN"M'.ir-T' T....... .,,,n,,;_.J__
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS, AWARDING A CONTRACT FOR THE "SLURRY/CHIP
SEAL PAVEMENT REHABILITATION FY 04/05" PROJECT A COMPONENT
OF THE 2005 PAVEMENT REHABILITATION PROJECT (STL-310) AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT.
WHEREAS, City staff has prepared specifications for the "Slurry/Chip Seal Pavement
Rehabilitation FY 04/05" project and advertised the project; and
WHEREAS, On July 27, 2005, the Director of General Services received sealed bids for
the "Slurry/Chip Seal Pavement Rehabilitation FY04/05 in the City of Chula Vista, California"
project, a component ofthe 2005 Pavement Rehabilitation project (STL-31 0); and
WHEREAS, the work to be done consists of slurry seal pavement coats on various
pavement locations in the City ofChu1a Vista, California; and
WHEREAS, due to unforeseen circumstances, which may occur during the dig out
process of the pavement rehabilitation, the scope of the rehabilitation sometimes increases once
the subgrade of the pavement area is exposed and poor soil conditions are encountered; and
WHEREAS, as a result of these circumstances, dig out quantities may exceed what was
anticipated, which was originally based on surface evaluation by City staff prior to the dig out
process; and
WHEREAS, staff recommends authorization to increase the value of the contract to
expend all available funds for this project due to unforeseen circumstances, up to the
contingency amount of$98,805; and
WHEREAS, staff has verified the references provided by the contractor and their work
has been satisfactory; and
WHEREAS, staff has reviewed the low bid and is recommending awarding the contract
to American Asphalt South, Inc., of Fontana, California; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State
CEQA Guidelines; and
9-13
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does
hereby accept bids, authorize staff to increase the value of the contract to expend all available
funds, up to the contingency amount of $98,805 and awards a contract for the "Slurry/Chip Seal
Pavement Rehabilitation FY 04/05" project, a component of the 2005 Pavement Rehabilitation
project (STL-310), to American Asphalt South, Inc., of Fontana, California.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
J:\AttomeyIJiIIMlResolution - STL314.doc
9-14
COUNCIL AGENDA STATEMENT
Item No
Meeting Date
ID
8/23/05
ITEM TITLE: Resolution Approving requests from Bonita Business and
Professional Association to conduct the Bonitafest and
Bonitafest parade on Saturday, September 24, 2005 and
waiving associated fees for police service and transit bus
service.
SUBMITTED BY: Chief of Polic 0./
Director of HU~ Resources fVSl--
REVIEWED BY: City Manager @ (4/5ths Vote: Yes_ No !Ll
The Bonitafest Committee and its sponsoring organization, the Bonita Business and
Professional Association (BBPA), is requesting permission to conduct the 33rd
Annual Bonitafest on Saturday, September 24, 2005 (Attachment A).
RECOMMENDATION: That Council adopt the resolution approving a temporary
closure of Bonita Road subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION: The Bonita Business and Professional Association (BBPA) is
sponsoring the 33rd Annual Bonitafest event on Saturday, September 24, 2005.
They are requesting a temporary street closure of Bonita Roa'd to stage the parade.
The street closure would involve Bonita Road between Willow Street and Central
Avenue. Both Willow Street and Central Avenue will remain open at all times during
the closure. Streets intersecting Bonita Road between these points would also be
affected during the parade. The parade is scheduled to take place between 10:00
AM and 12:00 PM; the street closure would be in effect from approximately 8:00 AM
until 1 :00 PM to allow for staffing dispersion of the parade participants. A diagram of
the area is attached (Attachment B).
The parade will consist of marching units, marching bands, floats, and other motor
driven units, as well as equestrian units. All horses will be ridden by their owners.
Streamers, balloons and noise making devices will not be permitted along the
parade route. City of Chula Vista traffic and police units will be provided and the
fees waived. City Public Works crews will hang banners along Bonita Road and
Otay Lakes Road in mid-August and remove them after September 25th.
The street closures would have an impact on City bus service in the area. Transit
has agreed to cancel and re-route bus service in the area during the parade. Transit
has agreed to erect signs advising of interrupted service.
A City bus will be provided, at no cost, to shuttle attendees from Bonita Vista High
School to Bonita Road throughout the day.
10-1
Item No I ()
Meeting Date 8/23/05
Staff approval is recommended subject to the following conditions:
1. Prior to the event, both the BBPA (the Bonitafest sponsor) and Rotary District
5340 (sponsor of the parade) provide evidence, acceptable to the City, of
insurance for their respective sponsorships in the form of a Certificate of
Insurance and Policy Endorsement in the amount of $5 million naming the
City of Chula Vista as additional insured, and their insurance as primary.
2. Provide adequate traffic control equipment and "no parking" signs as
specified by the Chula Vista Police Department. This would include provision
of adequate signage, barricades, and traffic control equipment as specified by
the County of San Diego and the Sheriff's Department.
3. Provide adequate Police coverage at the event as determined by the Chula
Vista Police Department through coordination with the Chula Vista Police
Department and the County of San Diego (traffic and safety police will be
provided by the City of Chula Vista and the fees waived).
4. Return all City-owned property to pre-use condition including arrangements
for professional street sweeping and adequate trash control and disposal
throughout the affected area within twenty-four (24) hours after the event.
5. Provide a letter acceptable to the City Attorney from the BBPA in which the
BBPA agrees:
(1) Not to sue the City, its agents and employees for any act arising
from Bonitafest; and
(2) To defend, indemnify, release, protect and hold harmless, the City,
its agents and employees from any and all liability arising from
Bonitafest, excluding only that liability which may arise from the
sole negligence or sole willful conduct of the City.
FISCAL IMPACT: The Bonita Business Professional Association would be
responsible for all additional costs incurred in conducting the parade including
provisions for traffic safety equipment, street sweeping services, solid waste,
recycling and litter abatement services, and other related and required services and
supplies. The Police Department will be providing parade route traffic control
services, the Transit Authority will be providing a bus to shuttle attendee's between
the staging area and the parade location. The estimated cost to provide these
services is $19,600 for the Police Department (at full cost recovery rates) and $400
for the Transit Authority. By authorizing this resolution, these fee's will be waived for
this event.
Attachment: "A" - Letter from BBPA and City Manager
"B" - Parade Route
10-2
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Rt;: BONr('AfEST -"n"niL,~rcst ConlUl Aliw in ::Oll;!-
D~"r :vIr. RC)wlands:
II i~ Ihllllime or yc:lT lIg:Jin when plans = und.:rway for the Brd Annual
The C9mmitlee wjghco\ 10 thunk the City ofChula Villta for oV\;[" lhirty yeo.
and "POn~ol'1'hip, The CiLY provides Iccy ~tnff. poli.:e Ort'iCClll, public work
o ftiee ~tll.rr llnd city machioery ~ provide 8 fest ive o.nd nfu en virorum:nt r,
(Ion-ita fest is tllC lont;:cm running SITel:L rair and p:rr:uIe in the county.'
.
Thi5 ycnr. Bonilllf\,."l;t wm be fillIurduy. September 24, :ZOOS. The C'.ommi
requesting lhal tke Public Works L1cp:lrtm~n~ pul up the Bonilaor",;l banncn
Road :uuI Qbly!..nW Rood. Our: to our eornmiuiu:nt to local bu..illl..-m;o,:~
the bo.nneN installed abolll the middle of AUl,.'lIst. The banners $hould co
September 25"',
is
h>ng fIonib
wouldlil:c.:
down after
w~ are hopeful th:lL n.~ in Ihc past. out ~ucst fOr lran,c l1l1d ,-afely police '11 be: donated
by U,., city. Bonita Ro:ld i. hi~loriClll1y i;101ll:Q Ie all tmltic frum Willow R ad to Olay
l..:1kc.~'Ro"\l from 9:00 a.m. until ~ plU'lI.de IS U\'er. L:bIt Y1.,,,r. Bonita Ro WIU< closed
,eastbound for the Cl.lin: ~'V~'tI1. Maybe we shouM 1O"c:t n:garding the logis\j s involved in
this sufety concern.
II is the desire ur C'.uunty Supc....'isOr (jrCfl. ('". untl M:oyor Steve Pndillu lil ~ ril>bon.
wLling fOl'the new County Lihrary nnd Ci\'ic ('''''!loTI:,kc pl:lClO Dt Bonitttk i!T'm~"ll;Ull::ly
rollo",in~ the Purnde. Bee,lUl1.C of this C.~Cilill~ ~-vctll, I lVould like to rcqucs that a City
buS be donuled 10 shuttle .UCndee. from Boait:! ViS!:l High School to Boni 'Road
throughOUl the: day, !lincc plIrkinB is \"lC of the 1:u-g.:,~1 eh:1lIen~ We lJT1:~"I1 '~ionit1!:l t!li.
y<."'11.r. We ore foreseeinll dozens ofytp.s :lnd modi:\. people will be:l~ FIonlla 'cst (or the
ribbon eULtill~ and 0. shuulc bus will guar.mlee a suc!'L-.a;nl' day.
III nddition. the City is il\!lb1\inll " sll:CCl dl,'id"-,in the 8.1\."a of the ncw- tram lil.<I11 on
Bonila Road. We.: will need to know when Ihnl will bt comp]~d:J.' this wi I impact the
s:>.f'ety u.nd p~rfocmanee forparnde pllTticip:mtS,
We also untl=llInd th:ttwe musthllve I"'id ~mpJo)'eClipi~k. up the b"n!ln
~lVeepd" contracted for. a(\\,.T the evei'lL rul"lherm()n:. we h:lVe compli.:d wi
intrc:<lsed lilll'1llity insumncc rnjuired.IO has! ,BonimfCllL
As almyg, 111m lP"lteful for all your help nntl input Bonitaf~t i~ 1<(' ~'I.IC
of the p:l~-n;hip from the Cily ofChulu VjSla, lh~ ('ollnty ofStln J)i<.~ on
II street
the:
fu1 bccllu.~e
tile 8BPA.
Sponsored 'Y Ule Be.lta BuID_ and IWellslolal Nsodllllon
. "'lllOlllt-o lIoll284 . u...n.. CAS19tl1
plI(~I9)'7U!i20 '1I\IW.~' rll(fi19Hn.~41
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OFFICE OF THE CITY MANAGER
Ms. Susan O'Shaughnessy, Bonitafest Chair
c/o Bonita Business and Professional Association
PO Box 284
Bonita, CA 91908
Dear Ms. O'Shaughnessy:
This letter is in response to your letter of May 10, 2005 requesting assistance for the 33rd Annual
Bonitafest.
To recap, the following items have been approved:
~ City Public Worb crews will hang banners along Bonita Road and Otay Lakes Road in
mid-August and remove them after September 25th.
~ Traffic and safety police will be provided and the fees waived.
~ A City bus will be provided, at no cost, to shuttle attendees from Bonita Vista High School
to Bonita Road throughout the day.
The City contact for discussing road closure safety concerns is Officer Don Redmond at (619)
476-5301.
With regard to the street divider in the area of the new traffic light on Bonita Road, please
contact our Director of Engineering, Alex AI-Agha at (619) 691-5021 for information on the
timeline for completion.
Best wishes for another successful event.
Sincerely,
J.kv-D LJ ~---~)
David D. Rowlands, Jr.
City Manager
DDR:dt
cc: Police Chief Rick Emerson
Alex AI-Agha, Director of Engineering
Dave Byers, Director of Public Works
Andy Trujillo,Transit Coordinator
Officer Don Redmond
Stephanie Kingston, Communications Specialist
10-5
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10-6
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING
REQUESTS FROM BONITA BUSINESS AND
PROFESSIONAL ASSOCIATION TO CONDUCT
THE BONITAFEST AND BONITAFEST PARADE
ON SATURDAY, SEPTEMBER 24, 2005 AND
WAIVING ASSOCIATED FEES FOR POLICE
SERVICE AND TRANSIT BUS SERVICE.
WHEREAS, the Bonita Business and Professional Association (BBPA) will be
conducting the Bonitafest event on Saturday, September 24, 2005; and
WHEREAS, street closure would involve Bonita Road between Willow Street and
Central Avenue. Both Willow Street and Central Avenue will remain open at all times
during the closure. Streets intersecting Bonita Road between these points would also be
affected during the parade. The parade is scheduled to take place between 10:00 AM
and 12:00 PM; the street closure would be in effect from approximately 8:00 AM and
5:00 PM.; and
WHEREAS, the Bonita Business and Professional Association will provide
evidence of insurance in the form of a Certificate of insurance and policy endorsement,
acceptable to the City, in the amount of $5 million dollars naming the City of Chula Vista
as additional insured, and their insurance company as primary; and
WHEREAS, the Bonita Business and Professional Association will provide
adequate traffic control equipment and "no parking" signs as specified by the Chula Vista
Police Department. This would include provision of adequate signage, barricades, and
traffic control equipment as specified by the County of San Diego and the Sheriff's
Department on the portion of Allen School Road outside the city limits; and
WHEREAS, the Bonita Business and Professional Association will provide
adequate police coverage at the event as determined by the Chula Vista Police
Department through coordination with the Chula Vista Police Department and the San
Diego County Sheriff's Department; City fees for police officers will be waived; and
WHEREAS, all City-owned property will be returned to pre-use condition; and
WHEREAS, the sponsor shall develop and implement a solid waste
management plan approved by the Conservation Program to prevent litter, provide
recycling, and disposal throughout the affected area during the event including
arrangements for professional street sweeping immediately following the event; and
WHEREAS, a letter of acceptance shall be provided to the City Attorney from the
BBPA in which BBPA agrees to not sue the City, its agents and employees for any act
arising from Bonitafest; and to defend, indemnify, release, protect and hold harmless,
the City, its agents and employees from any and all liability arising from the Bonitafest,
excluding only that liability which may arise from the sole negligence or sole willful
conduct of the City; and
WHEREAS, the event organizers are requesting that the fee's for police services
and transit services be waived.
10-7
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve requests from Bonita Business and
Professional Association to conduct the Bonitafest and Bonitafest parade on
Saturday, September 24, 2005 and waiving associated fee's for police service
and transit bus service.
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
'11 ((l,o.. k ill- ~
Ann Moore ~
City Attorney
10-8
COUNCIL AGENDA STATEMENT
Item No II
Meeting Date 8/23/05
ITEM TITLE: RESOLUTION AUTHORIZING CONDITIONAL
TEMPORARY CLOSURE OF A PORTION OF RANCHO
DEL REY PAR'rWVAY ON SEPTEMBER 10 AND 11,2005,
FOR THE ORANGE CRATE DERBY
SUBMITTED BY: Chief of POIiCV /In
Director of Human Resources I n-
REVIEWED BY: City Manager (:?J (4/5ths Vote: Yes_ No X)
The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is
requesting permission for temporary street closure on Rancho Del Rey Parkway
on September 10 and 11, 2005 to conduct their 26th Annual Orange Crate Derby.
RECOMMENDATION: That Council approve the resolution and authorize
conditional temporary closure of a portion of Rancho Del Rey Parkway on
September 10 and 11, 2005 for the Orange Crate Derby, subject to staff
conditions as stated in this report.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION: The Bonita Orange Crate Derby Committee is requesting
permission to conduct the 26th Annual Orange Crate Derby on Saturday and
Sunday, September 10 and 11, 2005. The event would be conducted on the
west section of Rancho Del Rey Parkway, between Terra Nova Drive to the
north, and Del Rey Boulevard to the south. Both Terra Nova Drive and Del Rey
Boulevard, as well as all other sections of Rancho Del Rey Parkway, would
remain open to traffic at all times. Diagrams of the event are attached
(Attachment "A" and "B"). This is a two day event with street closed to all traffic
from 6:00 AM Saturday, until 6:00 PM Sunday.
The sponsor expects that approximately 150-200 youngsters, ages 7 to 13 years
old, "driving" 75 separate derby cars, would be involved in the double elimination
competition during the two day event. The derby cars are built by families,
according to specifications provided by the sponsor. Each car is equipped with a
steering wheel (steering capacity is limited to avoid "over-steering" by young
drivers) and a friction-drag braking device. Each car is inspected to verify that
11-1
Page 2, Item Ii
Meeting Date 8/23/05
safety equipment is in working order, and drivers are required to wear helmets,
long pants, and sturdy shoes.
The race course is approximately 1,000 feet in length, with no curves or turns.
The entire course is separated with traffic safety cones. The use of cones serves
two purpose; they delineate lanes, and also act as brakes if cars accidentally run
over them. The run-out area below the finish line is also lined with traffic cones.
Only two cars are permitted on the course at anyone time. Spectator areas are
designated and separated from the course by flag lines.
The sponsor would be required to provide insurance, portable toilets, appropriate
trash containers and trash control, necessary traffic barricades, cones, and
directional signs, and overnight security (most cars will remain at the event site
overnight).
The event has been conducted in the Rancho Del Rey area for the past ten
years. No significant problems with this event have been noted. The event
would have very little impact on residents in the area, since all residential areas
are fully accessible by alternate streets, and there are no homes on the race
route.
Approval of the request will be subject to the following conditions:
1. The sponsor shall submit proof of insurance in the form of a Certificate of
Insurance for $1 million Commercial General liability insurance, or
equivalent form, with a policy endorsement naming the City as additional
insured, making their insurance primary with respect to the City's
insurance and providing notification of cancellation.
2. Provide a letter acceptable to the City Attorney from the sponsors in which
they agree:
(1) Not to sue the City, its agents and employees from any act
arising from the Orange Crate Derby; or
(2) To defend, indemnify, release, protect and hold harmless, the
City, its agents and employees from any and all liability arising
from the Orange Crate Derby, excluding only that liability which
may arise from the sole negligence or sole willful conduct of the
City.
3. The sponsor shall provide, at their own expense, all necessary supplies
and services required to safely conduct the event, including portable
toilets, trash receptacles, trash control, crowd control, traffic control and
traffic control equipment, signs and security.
11-2
Page 3, Item II
Meeting Date 8/23/05
4. Any services provided by the City before, during, or after the event will be
reimbursed at the full cost recovery rate by the sponsor.
5. Sponsor shall provide a fully refundable $250 cleaning/damage deposit.
6. Sponsor shall post applicable street closure signs at least 48 hours in
advance of the event.
7. All event participants shall be required to sign liability waivers approved
by the City Attorney as to form. These waivers must indicate that the City
of Chula Vista will be indemnified and held harmless.
8. The sponsor shall provide adequate supervision of event spectators and
participants to prevent damage to City property and landscaping.
9. The sponsor shall provide adequate and sufficient street barricades and
supervision to insure that no vehicles are permitted into the event area
throughout the duration of the event, including the overnight period.
10. Sponsors shall notify area residents that the event is being held 48 hours
prior to the event.
FISCAL IMPACT: There is no fiscal impact to the City. The event sponsors will
be responsible for all event costs. Any services provided by
the City before, during, or after the event will be fully
reimbursed by the sponsor.
Attachments: "A" - General Site Plan
"8" - Detail Site Plan
11-3
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RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA
AUTHORIZING CONDITIONAL TEMPORARY
CLOSURE OF A PORTION OF RANCHO DEL
REY PARKWAY ON SEPTEMBER 10 AND 11,
2005, FOR THE ORANGE CRATE DERBY
WHEREAS, the Bonita Orange Crate Derby committee of the Bonita
Valley Lions Club is requesting permission for a temporary street closure on
Rancho Del Rey Parkway on September 10 and 11, 2005 to conduct their 26th
Orange Crate Derby; and
WHEREAS, the sponsors shall submit proof of insurance in the form of a
Certificate of Insurance and Police Endorsement for $2 million Commercial
General liability insurance, or equivalent form, acceptable to the City, with a
policy endorsement naming the City as additional insured, making their insurance
primary with respect to the City's insurance and providing notification of
cancellation; and
WHEREAS, the sponsors shall provide a letter acceptable to the City
Attorney in which they agree to defend, indemnify, release, protect and hold
harmless, the City, its agents and employees from any and all liability arising
from the Orange Crate Derby, excluding only that liability which may arise from
the sole negligence or sole willful conduct of the City; and
WHEREAS, the sponsors shall provide, at their own expense, all
necessary supplies and services required to safely conduct the event, including
portable toilets, trash receptacles, trash control, crowd control, traffic control and
traffic control equipment, signs, and security; and
WHEREAS, the sponsor shall develop and implement a solid waste
management plan approved by the Conservation Program to prevent litter,
provide recycling, and disposal throughout the affected area during the event
including arrangements for professional street sweeping immediately following
the event; and
WHEREAS, the sponsors shall provide a fully refundable $250
cleaning/damage deposit; and
WHEREAS, the sponsors shall post applicable street closure signs at
least 48 hours in advance of the event; and
WHEREAS, all event participants shall be required to sign liability waivers
approved by the City Attorney as to form. These waivers must indicate that the
City of Chula Vista will be indemnified and held harmless; and
11-6
Resolution no.
Page 2
WHEREAS, the sponsors shall provide adequate supervision of event
spectators and participants to prevent damage to City property and landscaping;
and
WHEREAS, the sponsors shall provide adequate and sufficient street
barricades and supervision to insure that no vehicles are permitted into the event
area throughout the duration of the event, including the overnight period; and
WHEREAS, the sponsors shall notify area residents that the event is
being held 48 hours prior to the event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista hereby authorizes temporary closure of Rancho Del Rey Parkway
on September 10 and 11, 2005 for the Orange Crate Derby subject to conditions
as noted above.
Presented by
Approved as to form by
~Y1fM- ~
Ann Moore
City Attorney
IA'
Ricliard P. Emerson
Police Chief
11-7
1/
P 1 It 1.7\
age , em ! Ye
Meeting Date 8/23/05
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Public Hearing to take public testimony on the formation of Community
Facilities District No. 12-1 (McMillin-Otay Ranch-Village Seven) and to
consider the authorization to levy special taxes and to incur a bonded
indebtedness secured by such special taxes
A) Resolution forming and establishing Community Facilities District
No. 12-1 (Mcmillin-OtayRanch-Village Seven) and authorizing submittal of
Levy of Special Taxes within such Community Facilities District to the
qualified electors thereof
B) Resolution declaring necessity to incur a bonded indebtedness for
Community Facilities District No. 12-1 (Mcmillin-Otay Ranch-Village Seven),
submitting to the qualified electors of such Community Facilities District
separate Propositions to authorize the Levy of a Special Tax therein, to
authorize such Community Facilities District to Incur A Bonded Indebtedness
secured by the Levy of such Special Tax to finance certain types of Public
Facilities and to Establish an appropriations limit for such Community
Facilities District, and giving notice thereon
.tAt ,2- L~
City Engineer J /- r ' A h
City Manager 9
On January 25, 2005 Council accepted the McMillin Otay Ranch, LLC application and approved the
initiation of proceedings to consider the formation of Community Facilities District No. 12-1. On
July 12, 2005, Council approved the Resolution of Intention to form Community Facilities District
No. 12-1 and the Resolution of Intention to Incur a Bonded Indebtedness ofCFD No. 12-1 and set
the public hearing for August 16, 2005.
SUBMITTED BY:
(4/5ths Vote: Yes_NolQ
REVIEWED BY:
CFD No. 12-1 will fund the construction of public facilities, such as roadways for the McMillin
proj ecl. In addition, a portion of the proceeds may be authorized to be used for certain transportation
projects, as directed by the City. Tonight's action will continue the formal proceedings leading to
the establishment of Community Facilities District No. 12-1 and the authorization, subject to the
approval ofthe qualified electors, to levy special taxes and to issue bonds secured by the levy of such
special taxes.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council:
. Open the Hearing, take public testimony, close the public hearing;
12-1
Page 2, Item
Meeting Date
1'J
, ""
8/23/05
. Approve the Resolution (A) Forming and Establishing Community Facilities District No. 12-
I (McMillin-Otay Ranch-Village Seven), and Authorizing submittal of Levy of Special Taxes
to the Qualified Electors thereof;
. Approve the Resolution (B) Declaring Necessity to incur Bonded Indebtedness of
Community Facilities District No. 12-I (McMillin-Otay Ranch-Village Seven), Submitting to
the Qualified Electors a Proposition to incur a Bonded Indebtedness Secured by the Levy of a
Special Tax to Finance certain types of Public Facilities and giving Notice thereon.
DISCUSSION:
Back!!round
The public hearing is to be held for the purpose of considering the formation of Community
Facilities District No. 12-I (McMillin-Otay Ranch-Village Seven) and to consider the authorization
to levy special taxes and to incur a bonded indebtedness secured by such special taxes. The
Resolution of Intention to form the district was approved by City Council on July 12, 2005.
Community Facilities Districts (CFD) provide the necessary funding for the acquisition of public
improvements by levying an annual "special tax", which is collected from the property owners in
co~unction with the property taxes. There is no direct cost to the City. All expenses related to the
district administration (including levying and collecting the special taxes) are funded by the district.
The ultimate security behind the bonds are the properties located within the district, not the City's
General Fund or its ability to tax property within its jurisdiction. The district will be formed in
conformance with the "City of Chula Vista Statement of Goals and Policies Regarding the
Establishment of Community Facilities Districts" (CFD Policy) as adopted on January 13, 1998 and
amended on July 28, 1998.
District Boundaries
Exhibit I presents the recorded boundaries of the proposed District that include all parcels located
within Village Seven owned by the McMillin Land Development. At build out, Village Seven will
contain approximately 538 single-family residences, 221 multifamily residences, an elementary and a
high school site, a public park and a Community Public Facility (CPF-I). However, the elementary
(S-3) and high school (S-I) parcels along with the public park (P-l) parcel will not be included within
the proposed boundaries of the CFD No. 12-1. Total gross acreage is estimated at approximately 120
acres with an estimated 58 acres to be taxable residential property and the remaining 62 acres roads,
sidewalks, open space and Homeowners Association property.
12-2
Page 3, Item
Meeting Date
11-
8/23105
The Improvements
The developer is proposing the financing of backbone streets and associated improvements (i.e.,
grading, sewer, streets, landscaping, and utilities) and public facilities. Following is a general
description of the proposed facilities including, but not limited to:
. Magdalena Avenue
. . Wolf Canyon Loop
. Bob Pletcher Way
. Santa Luna Way
. Birch Road
. Rock Mountain Road
In addition to the above improvements, this CFD's bonding capacity maybe used for offsite
facilities to be financed by Transportation Development Impact Fees (TDIF), Public Facilities
Development Impact Fees (PFDIF), Poggi Canyon and Salt Creek Sewer Fees.
Preliminary estimates show that the maximum tax revenue (using the proposed taxes) from all the
taxable properties would support a total bonded indebtedness of approximately $19.3 million
(assuming a 6.5% interest rate and a 30-year term on the bonds). A bond sale amount of $19.3
million will finance approximately $15.3 million in facilities (i.e. grading, landscaping, streets,
utilities, drainage, sewer, etc). The balance provided would provide for a reserve fund, capitalized
interest and pay district formation and bond issuance costs.
As noted above, it is currently estimated that only $19.3 million will be available for funding by this
district. However, the district will be sized for $25 million to give the City flexibility in sizing the
bonds and to take advantage of lower interest rates should they occur. A final priority list and cost
estimates for each ofthe eligible improvements for CFD No. 12-I financing will be brought later to
Council in conjunction with the AcquisitionlFinancing Agreement and other bond documents.
Ultimately, as subdivisions build out, the developer will finance required improvements that this
CFD district cannot [mance. In addition, the proposed CFD lies within the City ofChula Vista's
Transportation Development Impact Fee (TDIF) benefit area that places a cap on the CFD's ability to
finance certain TDIF improvements. Staff and the consultant team are working with the developer to
maximize the TDIF facilities to be constructed by the District
The actual amount to be financed by CFD No. 12-I would depend upon a number of factors
including final interest rate on the bonds and the value to lien ratio. The bond sale amount and may
be higher or less than the $19.3 million mentioned above.
12-3
Page 4, Item I ;j,
Meeting Date 8/23/05
Soecial Tax Reoort
A copy of the Special Tax Report ("Community Facilities District Report Mello-Roos Community
Facilities Act of 1982 Community Facilities District No. 12-1 for McMillin -Otay Ranch-Village
Seven) prepared by the Special Tax Consultant, McGill Martin Self, Inc., is included as Exhibit 2,
and is on file, and available for public review in the City Clerk's Office. Said report incorporates the
"Rate and Method of Apportionment" (RMA) (previously approved by Council on July 12, 2005),
that establishes the procedures for levying the special taxes in CFD No. 12-1.
The proposed assigned Special Tax for Developed Property within Zones A and B
Property Description Proposed Tax Rate
Residential Property $890 per dwelling unit + $.79 per square foot of
Residential Floor Area
Non-Residential Property $6,000 per Acre
The special tax proposed to be authorized to be levied on Undeveloped and Contingent Taxable
Property is based on the acreage of the parcel. The RMA proposes the following tax rates:
Property Description Proposed Tax Rate
Undeveloped and Contingent $24,383 per Acre
Taxable Property - Zone A
Undeveloped and Provisional $41,621 per Acre
Property - Zone B
The special tax rates proposed for Undeveloped and Contingent Taxable Property within Village
Seven are comparable to the rates approved for other similar Districts formed for CFD-06- I, CFD-07 - I
and CFD 2001-1. It should be noted that no commercial uses are currently proposed in Village Seven.
The developer considers these proposed special tax rates to be reasonably supported by these land use
categories.
Collection of Taxes
12-4
Page 5, Item ! ~
Meeting Date 8/23/05
First, the proposed Assigned Special Tax will first be levied on the Developed Property. Second,
if this pool of funds is not enough to meet the annual debt service, as may be the case in the early
years of development, the City Administrator will levy a Special Tax on the Undeveloped
Property. Again, if additional monies are needed after the first two steps have been completed,
the special tax shall be increased proportionately on each parcel from the Assigned Special Tax
up to the Maximum Annual Special Tax as determined by the application of a Backup Special
Tax. If, after these three steps are exhausted, there is still a need for additional monies, then the
special tax shall be levied proportionately on each parcel classified as Contingent Taxable
Property pursuant to Section E in the RMA for the Assigned Special Tax up to the Maximum
Annual Special Tax.
After build out, if determined by the City Administrator that the annual tax need is less than the
collectible tax from the Developed Parcels, the special taxes to be levied in that specific year will
be reduced proportionately. Since this district is assessed based on the square footage of the
home or property the bondholders require protection in the event that the developer builds less
than projected. This district uses a Backup Special Tax where when each Final Subdivision Map
is recorded; the Backup Special Tax will be applied to the Developed Property.
The Backup Special Tax formula is:
Zone A
B = $ 24.383 x A
L
Zone B
B = $ 41.621 x A
L
B = Backup Special Tax per Lot in each Fiscal Year
A = the acreage classified as Residential Property
L = the number of lots classified as Residential.
The proposed "Rate and Method" also includes provisions for the prepayment of the special
taxes in the event the developer or a future property owner decides to do so.
Value to Lien Ratio Policv
The CFD Policy requires any bond issue secured by the levy of special taxes be sized based upon
a minimum 4:1 value-to-lien ratio. A ratio of less than 4:1, but equal to or greater than 3:1, may
be approved, in the sole discretion of Council, when it is determined that a ratio of less than 4: 1
is financially prudent under the circumstances of a particular District. A final appraisal and lien
12-5
Page 6, Item
Meeting Date
/~
8/23/05
ratio analysis would be available for Council consideration prior to bond sale, which is planned
for late in 2005. If the final analysis shows parcels which fail to meet the 4:1 or 3:1 ratio, the
developer would be required to either:
· Provide cash or letters of credit to maintain the value-to-lien ratio within the CFD
Policy; or,
· The principal amount of the bonds to be issued for District will be reduced to
comply with the CFD Policy; or,
· Provide sufficient information to convince Council that a lesser lien ratio is
prudent.
Maximum Tax Policy
Council Policy establishes that the maximum annual CFD special taxes applicable to any newly
developed residential property shall be no more than 1% of the sale price of the house. In addition,
the aggregate ofall annual taxes and assessments is limited to 2% of the sale price of the house.
A preliminary calculation ofthe maximum tax, using estimated house orices, has been completed
and all homes fall within the 2% limit. A final test will be performed at escrow closing using the
actual sale orice of the house. Council Policy requires that at or prior to each closing of escrow, the
escrow company shall apply a "calculation formula" previously approved by the City Engineer to
determine the aggregate of regular County taxes, Mello-Roos taxes, and assessment installments. If
the 2% limit were exceeded, the developer would be required to provide cash to buy down the lien to
an amount sufficient to meet the 2% tax ceiling. Compliance with this procedure would ensure that
the aggregate tax to be paid by the purchaser of the house meets the City's criteria, since the 2% limit
is a City policy the limit is not being included in the rate and method of the district. There is the
potential of exceeding the 2% tax ceiling if housing prices fall after the initial sale.
Resolutions
There are two resolutions on today's agenda that, if adopted, will accomplish the following:
RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO.
12-1 is the formal action forming and establishing Community Facilities District No. 12-1 (McMillin-
Otay Ranch-Village Seven), designating Tax Zones, and authorizing submittal of levy of special
taxes to the qualified electors, and performs the following:
. Sets the name of the District;
. Identifies the Special Tax Report prepared by McGill Martin Self, Inc. as the report to be
used for all future proceedings;
. Establishes a Special Tax by a continuing lien to secure the bonds issued for each
Improvement Area. The Special Tax is set forth in the Rate and Method of Apportionment,
12-6
Page 7, Item
Meeting Date
/8,
8/23/05
which will be approved by the adoption of this Resolution;
. Implements the provisions of the Local Agency Special Tax and Bond Accountability Act
which became effective on January I, 2001 by specifying that:
. Each special tax shall be levied for the specific purposes set forth in the
Resolution.
. The proceeds of the levy of each such special tax shall be applied only to the specific
applicable purposes set forth in the Resolution.
. The District shall establish a separate account into which the proceeds of each such
special tax shall be deposited.
. The City Manager or his or her designee, acting for and on behalf of the District,
shall annually file a report with the City Council as required pursuant to
Government Code Section 50075.3.
. Submits the levy of the special tax to the property owners; and
. Describes the type of facilities to be financed by the district.
RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS is a formal
action submitting to the Qualified Electors of Community Facilities District No. 12-1 (McMillin-
Otay Ranch-Village Seven), a Proposition to incur a Bonded Indebtedness Secured by the Levy of a
Special Tax to Finance certain types of Public Facilities and performs the following:
. Declares that a bond issuance is necessary;
. Describes the type of facilities to be fmanced collectively within the district;
. Limits the bond term to 30 years for each bond issue;
. Further implements the provisions of the Local Agency Special Tax and Bond
Accountability Act by specifying that:
. . Such bonded indebtedness shall be incurred for the applicable specific single purpose
setforth in the Resolution.
. The proceeds of any such bonded indebtedness shall be applied only the applicable
specific purpose identified in the Resolution.
. The document or documents establishing the terms and conditions for the issuance of
any such bonded indebtedness shall provide for the creation of an account into which
the proceeds of such indebtedness shall be deposited.
. The City Manager or his or her designee, acting for and on behalf of the District,
shall annually file a report with this City Council as required by Government
Code Section 53411.
. Submits two ballot propositions to the property owners (a) incur a bonded indebtedness not
to exceed $25 million to pay for authorized facilities pursuant to the special tax formula and
to levy a special tax, and (b) to establish an appropriations limit for the district; and
. Establishes an election procedure.
Notice
All property owners within the district have been notified of the public hearing through the mail as
12-7
Page 8, Item ( 1-
Meeting Date 8/23/05
well as a published notice in the San Diego Daily Transcript or any other adjudicated newspaper in
general circulation.
Future Actions
Adoptions of tonight's Resolutions will Form and Establish CFD No. 12-1, to direct staffto prepare
the necessary ballot documents, and to a hold special election on August 23, 2005. On September 13,
2005 the City Council will hear and certify the election results and assuming the ballot measures are
passed by the requisite vote of the qualified electors, have the first reading of the Ordinances to levy
Special Taxes. The AcquisitionlFinance Agreement is also scheduled to be brought before the City
Council at a later date.
FISCAL IMPACT:
There will be a positive impact to the City of$193,000, resulting from the sale of the bonds. The
developer will payall formation costs and has deposited money to fund initial consultant costs, and
City costs in accordance with the approved Reimbursement Agreement. The developer will pay the
full cost of stafftime for district formation and administration activities. Staff anticipates that most
of the CFD No. 12-1 administration will be contracted out. The CFD administration cost is estimated
at $75,000 annually.
In accordance with the CFD Policy, as consideration for the City's agreement to use the City's
bonding capacity to provide the financing mechanism for the construction of the proposed
improvements, the developer will pay one percent (I %) of the total bond authorization. Said
requirement will be memorialized in the AcquisitionlFinancing Agreement that will be brought to
Council at a later date. Based on a series of bond sales, in a total aggregate amount of$19.3 million
said monetary compensation would be $193,000. Said amount shall be paid prior to bond sale
(scheduled for fall 2005) and will be deposited into the General Fund. The CFD Policy also
stipulates that said compensation is not eligible for financing by CFD No. 12-1.
Attachments:
I: Recorded Boundary Map for CFD No. 12-1
2: Special Tax Report: "Community Facilities District No. 12-1 McMillin Otay Ranch Village
Seven".
J:lEngineerIAGENDA\CAS2005\8-23-051A113 - CFD12I]ublic Hearing.doc
12-8
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12-9
AllACHMENT 2
CO:MMUNITY FACILITIES DISTRICT
MELLO-ROOS CO:MMUNITY FACILITIES ACT 1982
SPECIAL TAX REPORT
COMMUNITY FACILITIES DISTRICT NO. 12-1
MCMILLIN OTA Y RANCH VILLAGE SEVEN
For the
City of Chula Vista
276 Fourth Street
Chula Vista, California 91910
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em Of
CHULA VISTA
Prepared by
McGill Martin Self, Inc.
344 F Street
Suite 100
Chula Vista, California 91910
July 25, 2005
12-10
TABLE OF CONTENTS
Page
I. INTRoDUCTION ........................................................................................................... 1
n. PROJECT DESCRIPTION .............................................................................................. 1
m. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES................................ 2
A. Description of Proposed Public Improvements.............................................. 2
B. Estimated Cost of Proposed Public Improvements ........................................ 3
IV. BONDED INDEBTEDNESS AND INCIDENTAL ExPENSES ................................................ 3
A. Projected Bond Sales ....................................................................................3
B. Incidental Bond Issuance Expenses to be Included in the Proposed Bonded
Indebtedness................................................................................................. 4
C. Incidental Expenses to be Included in the Annual Levy of Special Taxes ......4
V. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX................................ 4
A. Explanation for Special Tax Apportionment ................................................. 5
B. Maximum Annual Special Tax Rates ............................................................6
C. Backup Special Tax ...................................................................................... 6
D. Accuracy of Information........................................................................... ....6
VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT................................................. 6
VIT. GENERAL TERMS AND CONDmONs........................................................................... 7
A. Substitution Facilities............ ...................... ............................. ........ ....... ...... 7
B. Interim Transportation Facilities ................................................................... 7
C. Appeals......... ......... ... ........ ............................................... .......... ................... 7
EXHmITS
Exhibit A:
Exhibit B:
Exhibit C:
Recorded Boundary Map
Rate and Method of Apportionment
Assigned Maximum Special Tax Rates
12-11
I. INTRODUCTION
WHEREAS, the City of Chula Vista did, pursuant to the provIsIon of the Mello-Roos
Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California (hereinafter referred to as the "Act"), and
specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the
legislative body of the proposed Community Facilities District. This Community Facilities
District being Community Facilities District No. 12-1 (McMillin Otay Ranch Village Seven)
shall hereinafter be referred to as:
"CFD No. 12-1"; and
WHEREAS, the Resolution Ordering and Directing the Preparation of a Report for Proposed
Community Facilities District No. 12-1 (McMillin Otay Ranch Village Seven) did direct that said
Report generally contain the following:
FACILITIES:
A full and complete description of the public facilities the acquisition of
which are proposed to be financed through the CFD.
COST ESTIMATE: A general cost estimate setting forth costs of acquiring such facilities.
SPECIAL TAX:
Further particulars and documentation regarding the rate and method of
apportionment for the authorized special tax.
NOW, THEREFORE, I, Sohaib Al-Agha, City Engineer of the City of Chula Vista, and the
appointed responsible officer directed to prepare this Special Tax Report or cause the Report to
be prepared pursuant to the provisions of the Act, do hereby submit this Report.
n. PROJECT DESCRIPTION
CFD No. 12-1 encompasses approximately 120 gross acres ofland located in the portion of the
south San Diego City of Chula Vista known as "McMillin Otay Ranch Village Seven". Refer to
Exhibit A - for a reduced copy of the Recorded Boundary Map. Of this 120 gross acreage,
approximately 58 acres are expected to be developed by several merchant builders for residential
use. Exhibit I presents the boundaries of the proposed District that include all parcels located
within Village Seven owned by the McMillin Company. At buildout, Village Seven will contain
a total of approximately 538 Single Family Residences and 221 Multifamily Residences within
five Planning Areas. There are also several smaller parcels within Village Seven that will be
exempt due to the future use as part of the SR 125 improvements, school lots, Property
Association parcels etc. Total exempt acreage is estimated at approximately 62 acres.
Community Facilities District No. 12-1
McMillin Otay Ranch Village Seven
12 12
Page 1
July 2005
Special taxes for CFD No. 12-1 (McMillin Otay Ranch Village Seven) shall be levied to Taxable
Property to satisfy the Special Tax Requirement as follows:
· First, to Developed Property up to the Maximum Annual Special Tax;
· Second, if necessary, to Undeveloped Property up to the Maximum Annual Special Tax for
Undeveloped Property;
· Third, ifnecessary, Maximum Annual Special Tax derived by the application of the Backup
Special Tax increased proportionately from the Assigned Special Tax up to the Maximum
Annual Special Tax and
· Fourth, if necessary, Special Tax increased proportionately, to Contingent Taxable Property
pursuant to Section E of Exhibit B up to the Maximum Annual Special Tax for Undeveloped
Property.
m. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES
A. DescriDtion of Pro Dosed Public Improvements
A co=unity facilities district may provide for the purchase, construction, expansion, or
rehabilitation of any real or tangible property, including public facilities and
infrastructure improvements with an estimated useful life of five (5) years or longer,
which is necessary to meet increased demands placed upon local agencies as a result of
development or rehabilitation occurring within the co=unity facilities district. In
addition, a community facilities district may pay in full all amounts necessary to
eliminate any fixed special assessment liens or to pay, repay, or defease any obligation to
payor any indebtedness secured by any tax, fee, charge, or assessment levied within the
area of the co=unity facilities district.
The facilities described in this Report are all facilities which the legislative body creating
CFD No. 12-1 is authorized to own, construct, or finance, and which are required, in part,
to adequately meet the needs of CFD No. 12-1. In addition, the facilities meet the criteria
for authorized public facilities set forth in the City's Statement of Goals and Policies
regarding the establishment of Community Facilities Districts. The actual Special Tax
Levy will be apportioned as described in the Rate and Method of Apportionment (RMA)
of the Special Tax for CFD No. 12-1 (Exhibit B).
Facilities described herein are those currently expected to be required to adequately meet,
in part, the needs of CFD No. 12-1. Because the actual needs ofCFD No. 12-1 arising as
development progresses therein may differ from those currently prioritized, CFD No. 12-
I reserves the right to modify the actual priority list of facilities proposed herein to the
extent CFD No. 12-1 deems necessary, in its sole discretion to meet those needs.
The Special Taxes required to pay for the construction or financing of said facilities will
Proceeds of the proposed bonded indebtedness of CFD No. 12-1 will be used to finance
backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping,
utilities, etc.), public facilities DIF Improvements and interim transportation facilities.
Community Facilities District No. 12~I
McMillin Otay Ranch Village Seven
12 13
Page 2
July 2005
Following is a general description of the proposed facilities:
. Magdalena Avenue
. Wolf Canyon Loop
. Bob Pletcher Way
. Santa Luna Way
. Birch Road
. Rock Mountain Road
In addition to the above improvements, this CFD's bonding capacity maybe used for
offsite facilities to be fmanced by Transportation Development Impact Fees (TDIF),
Public Facilities Development Impact Fees (PFDIF), Poggi Canyon and Salt Creek Sewer
Fees.
B. Estimated Cost of Proposed Public Improvements
The facilities and the estimated costs herein are subj ect to review and confirmation. The
costs listed in Table I, are estimates only, based upon current construction and land costs
and actual costs may differ from those estimates herein. Based on the current
CFD No. 12-1 facilities cost estimates is approximately $12.8 million, of which
CFD No. 12-1 anticipates approximately $7.3 million will be set aside for reimbursement
of eligible costs to be financed with CFD bond proceeds, the balance will be born by the
developers.
TABLE 1
Facilities Imorovements Estimated Cost
. Birch Road $8,263,610
. Rock Mountain Road $872,892
. Magdalena Avenue $5,173,748
. Wolf Canyon Loop $2,451,133
. Bob Pletcher Way $515,972
. Public Facilities $3,729,680
Total $21,007,035
IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES
A. Proiect Bond Sale
The bond amount for CFD No. 12-1 is anticipated to be $19.3 million, which will fmance
approximately $15.3 million in facilities. The bonds issued by CFD No. 12-1 will meet
the terms and conditions of special tax bonds set forth in the City's Statement of Goals
and Policies Regarding the Establishment of Co=unity Facilities Districts.
Community Facilities District No. 12-1
McMillin Otay &Inch Village Seven
12 14
Page 3
July 2005
B. Incidental Bond Issuance EXDenses to be Included in the ProDosed Bonded
Indebtedness
Pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and
estimated costs incidental to, or connected with, the accomplishment of the purpose for
which the proposed debt is to be incurred, including, but not limited to, the costs of legal,
fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest
on any bonds of the district due and payable prior to the expiration of one year from the
date of completion of the facilities, not to exceed two years; election costs; and all costs
of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of
obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other
credit enhancement costs, and printing costs. The reserve fund is estimated to be the
maximum allowable under Federal Tax Law. All other incidental bond issuance
expenses are estimated at 4 percent of the face amount of the bonds.
C. Incidental EXDenses to be Included in the Annual Levv of SDecial Taxes
Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to
pay, in whole or part, the cost of providing public facilities, services and incidental
expenses. As defined by the Act, incidental expenses include, but are not limited to, the
cost of planning and designing public facilities to be financed, including the cost of
environmental evaluations of those facilities; the costs associated with the creation of the
district, issuance of bonds, determination of the amount of taxes, collection of taxes,
payment of taxes, or costs otherwise incurred in order to carry out the authorized
purposes of the district; any other expenses incidental to the construction, completion,
and inspection of the authorized work; and the retirement of existing bonded
indebtedness. While the actual cost of administering CFD No. 12-1 may vary, it is
anticipated that the amount of special taxes, which can be collected, will be sufficient to
fund at least $75,000 in annual administrative expenses prior to build-out of the project.
V. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All of the property located within CFD No. 12-1, unless exempted by law, shall be taxed for the
purpose of providing necessary facilities to serve CFD No. 12-1. Pursuant to Section 53325.3 of
the Act, the tax imposed "is a Special Tax and not a special assessment, and there is no
requirement that the tax be apportioned on the basis of benefit to any property." The Special Tax
"may be based on benefit received by parcels of real property, the cost of making facilities or
authorized services available to each parcel or other reasonable basis as determined by the
legislative body," although the Special Tax may not be apportioned on an ad valorem basis
pursuant to Article XIIIA of the California Constitution.
As shown in Exhibit B the Rate and Method of Apportionment provides information sufficient to
allow each property owner within CFD No. 12-1 to estimate the maximum annual Special Tax he
or she will be required to pay. Sections A through C, below, provide additional information on
the Rate and Method of Apportionment of the Special Tax for CFD No. 12-1.
Community Facilities District No. 124[
McMillin Otay Ranch Village Seven
12 15
Page 4
July 2005
A. Exnlanation for Snecial Tax Annortionment
When a community facilities district is formed, a Special Tax may be levied on each
parcel of taxable property within the CFD to pay for the construction, acquisition and
rehabilitation of public facilities, to pay for authorized services or to repay bonded
indebtedness or other related expenses incurred by CFD No. 12-1. This Special Tax
must be apportioned in a reasonable manner; however, the tax may not be apportioned on
an ad valorem basis.
When more than one type of land use is present within a community facilities district,
several criteria may be considered when apportioning the Special Tax. Generally, criteria
based on building square footage, acreage, and land uses are selected, and categories
based on such criteria are established to differentiate between parcels of property. These
categories are a direct result of the developer's projected product mix, and are reflective
of the proposed land use types within that co=unity facilities district. Specific Special
Tax levels are assigned to each land use class, with all parcels within a land use class
assigned the same Special Tax rate.
The Act does not require the Special Taxes to be apportioned to individual parcels based
on benefit received. However, in order to insure fairness and equity, benefit principles
have been incorporated in establishing the Special Tax rates for CFD No. 12-1.
The major assumption inherent in the Special Taxes rates set forth in the Rate and
Method of Apportionment is that the level of benefit received from the proposed public
improvements is a function of land use. This assumption is borne out through an
examination of co=only accepted statistical measures.
For example, in measuring average weekday vehicle trip-ends, the Institute of
Transportation Engineer's 1995 Trip Generation report identifies land use as the primary
determinant of trip-end magnitude. Co=ercialland uses typically generate more trip-
ends than do single family residential land use. Similarly, larger single family detached
dwellings typically generate a greater number of trip-ends than do smaller single family
detached homes, and therefore, will tend to receive more benefit from road grading, road
landscaping and road improvements.
Drainage and flood control requirements generally vary with the amount of impervious
ground cover per parcel. It follows that larger homes which have more impervious
ground cover will create relatively more drainage flow than smaller homes.
Special taxes for CFD No. 12-1 (McMillin Otay Ranch Village Seven) shall be levied to
Taxable Property to satisfy the Special Tax Requirement as outlined in the CFD No. 12-1
RMA.
The Land Use Class Categories of Taxation have been established for CFD No. 12-1.
The categories are defined as follows:
~ Residential Developed Parcels (single and multi-family residences) are taxed on the
square footage of the building;
Community Facilities District No. 12-1
McMillin Otay Ranch Village Seven
12 16
Page 5
July 2005
> Non-Residential Developed Parcels are taxed based on acreage of the parcel;
> Undeveloped Parcels are taxed based on acreage of the parcel; and
Based on the types of public facilities that are proposed for CFD No. 12-1 and the factors
described above, the Special Taxes assigned to specific land uses are generally
proportionate to the relative benefits received by them, and, accordingly, the Special
Taxes in CFD No. 12-1 can be considered fair and reasonable.
B. Maximum Annual Special Tax Rates
Exhibit C lists the Maximum Annual Special Tax rates that may be levied against
Developed Property, and Undeveloped Property within CFD No. 12-1. Exhibit C also
illustrates the Backup Special Tax formula.
The City Council will annually determine the actual amount of the Special Tax levy
based on the method described in RMA (Exhibit B) and subject to the maximum Special
Tax rates represented within Exhibit C. The City will levy a Special Tax to the extent
necessary, sufficient to meet the Special Tax Requirement.
C. Backup Special Tax
When a Final Subdivision Map is, the Backup Special Tax for Assessors Parcels of
Developed Property classified as Residential Property or Undeveloped Property will be
determined pursuant to Section c.l.b of Exhibit B.
D. Accuracv ofInformation
In order to establish the Maximum Annual Special Tax rates and the Backup Special Tax
as set forth in the Rate and Method of Apportionment for CFD No. 12-1, McGill Martin
Self, Inc. has relied on information including, but not limited to absorption, land-use
types, building square footage, and net taxable acreage which were provided to McGill
Martin Self, Inc. by others. McGill Martin Self, Inc. has not independently verified such
data and disclaims responsibility for the impact of inaccurate data provided by others, if
any, on the Rate and Method of Apportionment for CFD No. 12-1, including the inability
to meet the financial obligations ofCFD No. 12-1.
VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
The boundaries ofCFD No. 12-1 include all land on which the Special Taxes may be levied. The
. Recorded Boundary Map showing the property included within CFD No. 12-1 is provided as
Exhibit A.
Community Facilities District No. 12-1
McMillin Dray &mch Village Seven
12 17
Page 6
July 2005
VII. GENERAL TERMS AND CONDITIONS
A. Substitution Facilities
The description of the public facilities as set forth herein, are general in their nature. The
fmal nature aod location of improvements and facilities will be determined upon the
preparation of final plans and specifications. The final plans may show substitutes, in
lieu or modifications to the proposed work in order to accomplish the work of
improvement, aod aoy such substitution shall not be a change or modification in the
proceedings as long as the facilities provide a service and are of a type substaotiall y
similar to that as set forth in this Report.
B. Anneals
Any laodowner who feels that the amount of the Special Tax is in error may fIle a notice
with the City Administrator, appealing the levy of the Special Tax pursuant to the
procedure specified in Rate aod Method of Apportionment (Exhibit B). As appropriate
the City Administrator will then review the appeal and, if necessary, meet with the
applicant. If the fmdings of the representative verify that the amount of the Special Tax
should be modified or changed, then, as appropriate, the Special Tax levy shall be
corrected.
Community Facilities District No. 12-/
McMillin Gray Ranch Village Seven
12 18
Page 7
July 2005
EXHIBIT A
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 12-1
(McMillin Otay Ranch Village Seven)
RECORDED BOUNDARY MAP
12-19
EXHIBIT B
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 12-1
(MCMILLIN OTA Y RANCH VILLAGE SEVEN)
RATE AND METHOD OF APPORTIONMENT
12-20
RATE AND METHOD OF APPORTIONMENT
FOR CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 12-1
(McMillin Otay Ranch Village Seven)
A Special Tax as hereinafter defmed shall be levied on each Assessor's Parcel of Taxable
Property within the City of Chula Vista Connunity Facilities District No. 12-1 (CFD No. 12-1)
and collected each Fiscal Year commencing in Fiscal Year 2006-2007 in an amount determined
by the City Council through the application of the appropriate Special Tax for "Developed
Property", "Undeveloped Property" and "Contingent Taxable Property" as described below. All
of the Taxable Property CFD No. 12-1, unless exempted by law or by the provisions hereof, shall
be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, parcel map, condominium plan, record of
survey, or other recorded document creating or describing the parcel. If the preceding
maps for a land area are not available, the Acreage of such land area shall be determined by
the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expense Requirement" means an annual amount equal to $75,000, or
such lesser amount as may be designated by written instruction from an Authorized
Representative to the Fiscal Agent, to be allocated as the first priority of Special Taxes
received each Fiscal Year for the payment of Administrative Expenses.
"Administrative Expenses" means the actual or reasonably estimated costs directly
related to the administration of CFD No. 12-1 including, but not limited to, the following:
the costs of computing the Special Taxes and preparing the annual Special Tax collection
schedules (whether by the City or designee thereof or both); the costs of collecting the
Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the
Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the
discharge of the duties required of it under the Indenture; the costs to the City, CFD No.
12-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to
the City, CFD No. 12-1 or any designee thereof of providing continuing disclosure; the
costs associated with preparing Special Tax disclosure statements and responding to public
inquiries regarding the Special Taxes; the costs of the City, CFD No. 12-1 or any designee
thereof related to any appeal of the levy or application of the Special Tax; and the costs
associated with the release of funds from an escrow account, if any. Administrative
City ofChu/o Vista
Community Facilities District No. 12-1
McMillin Otay Ranch Village Seven
June 15, 2005
12-21
Page 1
Expenses shall also include amounts estimated or advanced by the City or CFD No. 12-1
for any other administrative purposes, including, but not limited to, attorney's fees and
other costs related to commencing and pursuing to completion any foreclosure of
delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by an Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Category of Developed
Property as determined in accordance with Section C.I.a.
"Available Funds" means the balance in the reserve fund established pursuant to the terms
of any Indenture in excess of the reserve requirement as defined in such Indenture,
delinquent Special Tax payments not required to fund the Special Tax Requirement for any
preceding Fiscal Year, Special Tax prepayments collected to pay interest on Bonds, and
other sources of funds available as a credit to the Special Tax Requirement as specified in
such bond indenture.
"Backup Special Tax" means the Backup Special Tax amount set forth in Section C.1.b.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, issued by CFD No. 12-1 under the Act.
"Bond Year" means a one-year period beginning on September 2nd in each year and
ending on September 1 st in the following year, unless defined differently in the applicable
Indenture.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 12-1 means City of Chula Vista, Connunity Facilities District No. 12-1.
"City" means the City of Chula Vista.
"Contingent Taxable Property" means all Assessor's Parcels of Public Property,
Property Owner Association Property, Open Space or other property that would otherwise
be classified as Exempt Property pursuant to the provisions of Section E, but cannot be
classified as Exempt Property because to do so would reduce the Acreage of all Taxable
Property below the required minimum acreage as set forth in Section E.I for Zone A or
Zone B as applicable.
City ofChula Vista
Community Facilities District No. 12-1
McMillin Otay Ranch Village Seven
June 15, 2005
12-22
Page 2
"Council" means the City Council of the City, acting as the legislative body of
CFD No. 12-1.
"County" means the County of San Diego.
"Developed Property" means all Assessor's Parcels of Taxable Property for which a
building permit has been issued prior to March 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Exempt Property" means all Assessors' Parcels that are exempt from the Special Tax
pursuant to Section E.I.
"Final Subdivision Map" means a subdivision of property, created by recordation of a
final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to
the Subdivision Map Act (California Government Code Section 66410 et seq.) or
recordation of a condominium plan pursuant to California Civil Code 1352, that creates
individual lots for which residential building permits may be issued without further
subdivision of such property.
"Fiscal Year" means the period starting July I and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table I of Section C.I.a.
"Lot(s)" means an individual legal lot created by a Final Subdivision Map for which a
building permit for residential construction has been or could be issued. Notwithstanding
the foregoing, in the case of an individual legal lot created by such a Final Subdivision Map
upon which condominium units are entitled to be developed but for which a condominium
plan has not been recorded, the number of Lots allocable to such legal lot for purposes of
calculating the Backup Special Tax applicable to such Final Subdivision Map shall equal
the number of condominium units which are permitted to be constructed on such legal lot
as shown on such Final Subdivision Map.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C, which may be levied in any Fiscal Year on
any Assessor's Parcel of Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property, for
which a building perrnit( s) has been issued to allow the construction of one or more
buildings or structures for a non-residential use.
"Occupied Residential Property" means all Assessors' Parcels of Residential Property
for which title is owned by an end user (homeowner).
City ofChu/a Vista
Community Facilities District No. 12-1
McMillin Otay Ranch Village Seven
June 15, 2005
12-23
Page 3
"Open Space" means property within the boundaries of CFD No. 12-1 which (a) has been
designated with specific boundaries and acreage on a Final Subdivision Map as open space
(b) is classified by the County Assessor as open space (c) has been irrevocably offered for
dedication as open space to the federal government, the State of California, the County, the
City, any other public agency or (d) is encumbered by an easement or other restriction
required by the City limiting the use of such property to open space.
"Outstanding Bonds" mean all Bonds, which remain outstanding as defmed in the
Indenture.
"Property Owner Association Property" means any property within the boundaries of
CFD No. 12-1 which is (a) owned by a property owner association or (b) designated with
specific boundaries and acreage on a Final Subdivision Map as property owner association
property. As used in this definition, a property owner association includes any master or
sub-association.
"Proportionately" means for Developed Property that the ratio of the Special Tax levy to
the Assigned Special Tax or the Backup Special Tax is equal for all Assessors' Parcels of
Developed Property within CFD No. 12-1. For Undeveloped Property or Contingent
Taxable Property "Proportionately" means that the ratio of the actual Special Tax levy per
Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of
Undeveloped Property and equal for all Assessor's Parcels of Contingent Taxable Property
within CFD No. 12-1.
"Public Property" means any property within the boundaries ofCFD No. 12-1 that which
(a) is owned by a public agency, (b) has been irrevocably offered for dedication to a public
agency or (c) is designated with specific boundaries and acreage on a Final Subdivision
Map as property which will be owned by a public agency. For purposes ofthis definition, a
public agency includes the federal government, the State of California, the County, the City
or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be
made by the CFD Administrator by reference to appropriate records kept by the City's
Building Department. Residential Floor Area for a residential structure will be based on
the building permit( s) issued for such structure prior to it being classified as Occupied
Residential Property, and shall not change as a result of additions or modifications made to
such structure after such classification as Occupied Residential Property.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement.
City ofChula Vista
Community Facilities District No. 12-1
McMillin Otay Ranch Village Seven
June 15, 2005
12-24
Page 4
"Special Tax Requirement" means that amount of Special Tax revenue required in any
Fiscal Year for CFD No. 12-1 to: (i) Pay Administrative Expenses in an amount equal to
Administrative Expense Requirement or such other amount as may be designated by the
City (ii) pay annual debt service on all Outstanding Bonds (as defmed in Section A) due in
the Bond Year beginning in such Fiscal Year; (iii) pay other periodic costs on Outstanding
Bonds, including but not limited to, credit enhancement and rebate payments on
Outstanding Bonds; (iv) pay any amounts required to establish or replenish any reserve
funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay directly for
acquisition and/or construction of public improvements which are authorized to be fmanced
by CFD No. 12-1 provided that the inclusion of such amount does not cause an increase in
the levy of Special Tax on the Undeveloped Property for CFD No. 12-1; less (vi) a credit
for Available Funds.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of
CFD No. 12-1 that are not exempt from the Special Tax pursuant to law or Section E below.
"Trustee" means the trustee, fiscal agent, or paying agent under the bond indenture.
"Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified
as Developed Property or Contingent Taxable Property.
"Zone A" means the specific geographic area designated as such and as depicted in Exhibit
A attached hereto.
"Zone B" means the specific geographic area designated as such and as depicted in Exhibit
A attached hereto.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 12-1 shall be
(a) categorized as being located in either Tax Zone A or Zone B, (b) classified as
Developed Property, Undeveloped Property or Contingent Taxable Property and (c) shall
be subject to the levy of annual Special Taxes determined pursuant to Sections C and D
below. Furthermore, all Developed Property shall then be classified as Residential or Non-
Residential Property.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Assessor's Parcel of Residential
Property or Non-Residential Property shall be the greater of (1) the Assigned Special
Tax described in Table I or (2) the Backup Special Tax computed pursuant to b. on
next page.
City ofChula Vista
Community Facilities District No. 12-1
McMillin Ota)! Ranch Village Seven
June 15, 2005
12-25
Page 5
a. Assi2ned Special Tax
The Assigned Special Tax for each Assessor's Parcel of Developed Property is
shown in Table 1.
TABLE 1
Assigned Special Tax for Developed Property
within Zone A and Zone B
Land Use
Class
Descri tion
Assi ned S ecial Tax
$890 per Unit Plus $0.79 per
square foot of Residential Floor
Area
$6,000 per Acre
I
Residential Property
2
Non-Residential
Pro e
b. Backup Special Tax
When a Final Subdivision Map or a condominium plan is recorded within Zone A or
Zone B, the Backup Special Tax for Assessor's Parcels of Developed Property
classified as Residential Property or Non-Residential Property shall be determined as
follows:
For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of
Undeveloped Property to be classified as Residential Property upon its development
within the Final Subdivision Map area, the Backup Special Tax shall be the rate per
Lot calculated according to the following formula:
Zone A
$24,383 x A
B=
L
Zone B
$41,621 x A
B=
L
City ofChula Vista
Community Facilities District No. 12-1
McMillin Otay Ranch Villal<e Seven
June 15, 2005
12-26
Pal<e6
The terms have the following meanings:
B = Backup Special Tax per Lot in each Fiscal Year.
A = Acreage classified or to be classified as Residential Property in
such Final Subdivision Map.
L = For a Final Subdivision Map, the number of Lots which are
classified or to be classified as Residential Property.
For each Assessor's Parcel of Developed Property classified as Non-Residential
Property or for each Assessor's Parcel of Undeveloped Property to be classified as
Non-Residential Property within the Final Subdivision Map area, the Backup Special
Tax shall be determined by multiplying $24,383 for Zone A and $41,621 for Zone B
by the total Acreage of any such Assessor's Parcel.
Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Non-
Residential Property or Undeveloped Property for which the Backup Special Tax has
been determined are subsequently changed or modified by recordation of a new or
amended Final Subdivision Map, then the Backup Special Tax applicable to such
Assessor's Parcels shall be recalculated to equal the total amount of Backup Special
Tax that would have been generated if such change did not take place.
2. Undeveloped Property and Contingent Taxable Property
The Maximum Annual Special Tax for each Assessor's Parcel of Undeveloped
Property and Contingent Taxable Property shall be $24,383 per Acre for Zone A and
$41,621 per Acre for Zone B.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement and shall levy the Special Tax until the
amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be
levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property within Zone A and Zone B at a rate up to 100% of the applicable
Assigned Special Tax to satisfy the Special Tax Requirement.
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on all
Undeveloped Property within Zone A and Zone B, at a rate up to 100% of the Maximum
Annual Special Tax for Undeveloped Property. In determining the Acreage of an
Assessor's Parcel of Undeveloped Property for purposes of determining the annual Special
Tax to be levied on such Assessor's Parcels of Undeveloped Property, the CFD
Administrator shall not include any Acreage shown on any applicable tentative subdivision
map or other land use entitlements approved by the City that designates such Acreage for a
City ofChula Vista
Community Facilities District No. ]2-1
McMillin Otay Ranch Village Seven
June] 5, 2005
12-27
Page 7
use that would be classified as Open Space, Property Owner Association Property or Public
Property.
Third: If additional monies are needed to satisfY the Special Tax Requirement after the
first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel
of Developed Property whose Maximum Annual Special Tax is derived by the application
of the Backup Special Tax then the Annual Special Tax shall be increased at the same
percentage from the Assigned Special Tax up to the Maximum Annual Special Tax for
each such Assessor's Parcel.
Fourth: If additional monies are needed to satisfY the Special Tax Requirement after the
first three steps have been completed, then the Special Tax shall be levied Proportionately
on all Contingent Taxable Property at a rate up to 100% of the Maximum Annual Special
Tax for Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property be increased by more than ten percent per year as
a consequence of delinquency or default in the payment of Special Taxes by the owner of
any other Assessor's Parcel.
E. EXEMPTIONS
1. The CFD Administrator shall classifY the following as Exempt Property: (i)
Public Property, (ii) Property Owner Association Property, (iii) Open Space and
(iv) Assessor's Parcels with public or utility easements making impractical their
utilization for other than the purposes set forth in the easement; provided,
however, that no such classification shall reduce the sum of all Taxable Property
to less than 32.98 Acres for Zone A and 22.00 Acres for Zone B. Assessor's
Parcels which cannot be classified as Exempt Property because such classification
would reduce the Acreage of all Taxable Property to less than 32.98 Acres for
Zone A and 22.00 Acres for Zone B will be classified as Contingent Taxable
Property and shall be taxed pursuant to the fourth step of Section D. Exempt
status for purposes of this paragraph will be assigned by the CFD Administrator
in the chronological order in which property becomes Exempt Property.
2. The Maximum Annual Special Tax obligation for any property which would be
classified as Public Property upon its transfer or dedication to a public agency but
which is classified as Contingent Taxable Property pursuant to E.l above shall be
prepaid in full by the seller pursuant to Section H.1, prior to the
transfer/dedication of such property to such public agency. Until the Maximum
Annual Special Tax obligation for any such Public Property is prepaid, the
property shall continue to be subject to the levy of the Special Tax as Contingent
Taxable Property.
3. If the use of an Assessor's Parcel of Exempt Property changes so that such
Assessor's Parcel is no longer classified as one of the uses set forth in E.l. above
City ofChula Vista
Community Facilities District No. 12-1
McMillin Gtay Ranch Village Seven
June 15, 2005
12-28
Page 8
that would make such Assessor's Parcel eligible to be classified as Exempt
Property, such Assessor's Parcel shall cease to be classified as Exempt Property
and shall be deemed to be Taxable Property.
F. REVIEW/APPEAL COMMITTEE
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such
error. If following such consultation, the CFD Administrator determines that an error has
occurred; the CFD Administrator may amend the amount of the Special Tax levied on such
Assessor's Parcel. If following such consultation and action (if any by the CFD
Administrator), the landowner or resident believes such error still exists, such person may
me a written notice with the City Clerk of the City appealing the amount of the Special Tax
levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall
forward a copy of such notice to the City Manager who shall establish as part of the
proceedings and administration of CFD No. 12-1 and a special three-member
Review/Appeal Committee. The Review/Appeal Committee may establish such
procedures, as it deems necessary to undertake the review of any such appeal. The
Review/Appeal Committee shall interpret this Rate and Method of Apportionment and
make determinations relative to the annual administration of the Special Tax and any
landowner or resident appeals, as herein specified. The decision of the Review/Appeal
Committee shall be fmal and binding as to all persons.
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 12-1, may directly
bill the Special Tax, may collect Special Taxes at a different time or in a different manner
if necessary to meet its fmancial obligations, and may covenant to foreclose and may
actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the
payment of Special Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond
tenders shall only be allowed on a case-by-case basis as specifically approved by the
Council.
H. PREPAYMENT OF SPECIAL TAX
The following definition applies to this Section H:
"CFD Public Facilities" means those public facilities authorized to be fmanced by
CFD No. 12-1.
"CFD Public Facilities Costs" means either $ 17.1 million, or such lower number as shall
be determined either by (a) the CFD Administrator as sufficient to finance the CFD Public
City ofChu/a Vista
Community Facilities District No. 12-1
McMillin Otay Ranch Vii/age Seven
June 15, 2005
12-29
Page 9
Facilities, or (b) the Council concurrently with a covenant that it will not issue any more
Bonds to be secured by Special Taxes levied under this Rate and Method of
Apportionment.
"Construction Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct the CFD Public
Facilities.
"Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of
the CFD Public Facilities Costs previously funded (i) from the proceeds of all previously
issued Bonds, (ii) from interest earnings on the Construction Fund actually earned prior to
the date of prepayment and (iii) directly from Special Tax revenues and (b) the amount of
the proceeds of all previously issued Bonds then on deposit in the Construction Fund.
"Outstanding Bonds" means all previously issued Bonds which will remain outstanding
after the first interest and/or principal payment date following the current Fiscal Year,
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of
Maximum Annual Special Taxes.
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently
satisfied for an Assessor's Parcel of Developed Property, Undeveloped Property for which a
building permit has been issued, or Contingent Taxable Property. The Maximum Annual
Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the
obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described
herein; provided, however that a prepayment may be made only if there are no delinquent
Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner
of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation
shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days
of receipt of such written notice, the CFD Administrator shall notify such owner of the
prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a
reasonable fee for providing this figure.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Prepayment Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
City ofChula Vista
Community Facilities District No. 12-1
McMillin Otay Ranch Village Seven
June 15, 2005
12-30
Page 10
As of the proposed date of prepayment, the Prepayment Amount (deftned below) shall be
calculated as follows:
Step No.:
1. For Developed Property, compute the Maximum Annual Special Tax for the
Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for
which a building permit has been issued to be prepaid, compute the Maximum
Annual Special Tax for that Assessor's Parcel as though it was already designated as
Developed Property, based upon the building permit issued for that Assessor's Parcel.
For Assessor's Parcels of Contingent Taxable Property to be prepaid, compute the
Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual
Special Tax for Undeveloped Property.
2. Divide the Maximum Annual Special Tax computed pursuant to step I by the sum of
the total expected Maximum Annual Special Tax revenues which may be levied
within CFD No. 12-1 excluding any Assessors Parcels for which the Maximum
Annual Special Tax obligation has been previously prepaid.
3. Multiply the quotient computed pursuant to step 2 by the principal amount of the
Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and
prepaid (the "Bond Redemption Amounf').
4. Multiply the Bond Redemption Amount computed pursuant to step 3 by the
applicable redemption premium on the next possible Bond call date, if any, on the
Outstanding Bonds to be redeemed (the "Redemption Premium").
5. If all the Bonds authorized to be issued for CFD No. 12-1 have not been issued, then
compute the Future Facilities Costs.
6. Multiply the quotient computed pursuant to step 2 by the amount determined
pursuant to step 5 to compute the amount of Future Facilities Costs to be allocated to
such Assessor's Parcel (the "Future Facilities Amount').
7. Compute the amount needed to pay interest on the Bond Redemption Amount from
the ftrst bond interest and/or principal payment date following the current Fiscal
Year until the earliest redemption date for the Outstanding Bonds.
8. Conftrm that no Special Tax delinquencies apply to such Assessor's Parcel.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year, which have not yet been paid.
10. Determine the fees and expenses ofCFD No. 12-1, including but not limited to, the
costs of computation of the prepayment, the costs to invest the prepayment proceeds,
the costs of redeeming Bonds from the proceeds of such prepayment, and the cost of
City ofChula Vista
Community Facilities District No. 12-1
McMillin Otay Ranch Village Seven
June 15, 2005
12-31
Page 11
recording any notices to evidence the prepayment and the redemption (the
"Prepayment Fees and Expenses").
11. Compute the amount the CFD Administrator reasonably expects to derive from the
reinvestment of the prepayment amount less the Prepayment Fees and Expenses, as
determined pursuant to step 10, from the date of prepayment until the redemption
date for the Outstanding Bonds to be redeemed with the prepayment.
12. Add the amounts computed pursuant to steps 7 and 9 and subtract the amount
computed pursuant to step 11 (the "Defeasance Amounf').
13. The reserve fund credit (the "Reserve Fund Credif') shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment,
or (b) the amount derived by subtracting the new reserve requirement (as defined in
the Indenture) in effect after the redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
14. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest payment following the current Fiscal Year, a capitalized
interest credit shall be calculated by multiplying the quotient computed pursuant to
step 2 by the expected balance in the capitalized interest fund after such first interest
payment (the "Capitalized Interest Credif').
15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to steps 3, 4, 6, 10, and 12, less the amounts computed pursuant
to steps 13 and 14 (the '.'Prepayment Amounf').
16. From the Prepayment Amount, the amounts computed pursuant to steps 3,4, 12, 13,
and 14 shall be deposited into the appropriate fund as established under the
Indenture and be used to retire Outstanding Bonds or make debt service payments.
The amount computed pursuant to step shall be retained by CFD No. 12-1 The
amount computed pursuant to step 6 shall be deposited in the Construction Fund.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
retained in the appropriate fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined
under step 9 above, the CFD Administrator shall remove the current Fiscal Year's Special
Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any
Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the release of the
City ofChula Vista
Community Facilities District No. 12-1
McMillin Olay Ranch Village Seven
June 15, 2005
12-32
Page 12
Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to
pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Annual Special Taxes that may be levied on Taxable Property within
CFD No. 12-1 prior to and after the proposed prepayment is at least 1.1 times the maximum
annual debt service on all Outstanding Bonds.
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued
may be partially prepaid. The amount of the prepayment shall be calculated as in Section H
I; except that a partial prepayment shall be calculated according to the following formula:
PP = (PE-A x F) + A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section R.I, minus Prepayment Fees
and Expenses determined pursuant to Step 10.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
A= the Prepayment Fees and Expenses determined pursuant to Step 10.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual
Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially
prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum
Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as
the escrow agent, if applicable. The CFD Administrator shall provide the owner with a
statement of the amount required for the partial prepayment of the Maximum Annual
Special Tax for an Assessor's Parcel within 30 days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Step 16 of Section R.l, and (ii) indicate in the records
ofCFD No. 12-1, that there has been a partial prepayment of the Maximum Annual Special
Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding
percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be
authorized to be levied on such Assessor's Parcel pursuant to Section D.
City ofChula Vista
Community Facilities District No. 12-1
McMillin GtG)! Ranch Village Seven
June 15, 2005
12-33
Page 13
I. TERM OF MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied co=encing in Fiscal Year 2006-2007
to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for
a period no longer than the 2046-2047 Fiscal Year.
City ofChula Vista
Community Facilities District No. 12-1
McMillin Otay Ranch Village Seven
June 15, 2005
12-34
Page 14
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EXHIBIT C
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 12-1
(McMillin Otay Ranch Village Seven)
MAXIMUM ANNUAL SPECIAL TAX RATES FOR DEVELOPED PROPERTY AND
UNDEVELOPED PROPERTY
The Maximum Annual Special Tax is the higher of either the Assigned Special Tax or the
Backup Special Tax as follows:
Assigned Special Tax for Developed Property in
Tax Zones A and B Community Facilities District No. 12-1
Property Description Proposed Tax Rate
Residential Property $890 per dwelling unit + $.79 per square foot of Residential
Floor Area
Non-Residential $6,000 per Acre
Property
Assigned Special Tax for Undeveloped Property in
Co=unity Facilities District No. 12-1
Property Description Proposed Tax Rate
Undeveloped and Contingent $24,383 per Acre
Taxable Property - Zone A
Undeveloped and Provisional $41,621 per Acre
Property - Zone B
Backup Special Tax in
Co=unity Facilities District No. 12-1
Zone A
Zone B
B = $ 24.383 xA
L
B=$4L621xA
L
B = Backup Special Tax per Lot in each Fiscal Year
A = the acreage classified as Residential Property
L = the number oflots classified as Residential
12-36
RESOLUTION NO.2005-
RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 12-1 (MCMILLIN-OTAY RANCH-VILLAGE SEVEN) AND
AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN SUCH
COMMUNITY FACILITIES DISTRICT TO THE QUALIFIED ELECTORS
THEREOF
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has previously declared its intention to form a community facilities district and
ordered the preparation of a Community Facilities District Report relating to the initiation of
proceedings to create such community facilities district pursuant to the terms and provisions of the
"Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California (the "Act") and the City of Chula Vista Community
Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista
under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the
"Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community
Facilities District Law"). This community facilities district shall hereinafter be referred to as
COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN-OTAY RANCH-VILLAGE
SEVEN) (the "District"); and,
WHEREAS, notice of a public hearing relating to the establishment of the District, the extent
of the District, the fmancing of certain types of public facilities and all other related matters has been
given, and a Community Facilities District Report, as ordered by this City Council, has been
presented to this City Council and has been made a part of the record ofthe hearing to establish such
District; and,
WHEREAS, all communications relating to the establishment of the District, the fmancing of
certain types of public facilities and the rate and method of apportionment of special tax proposed to
be levied within the District have been presented, and it has further been determined that a majority
protest as defined by law has not been received against these proceedings or the levy of the special
tax; and,
WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing
within the territory of the District for at least the preceding ninety (90) days, the authorization to levy
special taxes within the District shall be submitted to the landowners of the District, such landowners
being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are all true and correct.
RVPUBIMUMI698560.1
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12-37
SECTION 2. DETERMINATIONS. It is hereby determined by this City Council that:
A. All prior proceedings pertaining to the formation of the District were valid and taken
in conformity with the requirements of the law, and specifically the provisions of the
Community Facilities District Law, and that this finding and determination is made
pursuant to the provisions of Government Code Section 53325.1.
B. The written protests received, ifany, do not represent a maj ority protest as defined by
the applicable provisions of the Community Facilities District Law and as applied to
the District and, therefore, the special tax proposed to be levied within the District
has not been precluded by majority protest pursuant to Section 53324 of the
Government Code of the State of California.
C. The District as proposed conforms with the City of Chula Vista Statement of Goals
and Policies Regarding the Establishment of Community Facilities Districts (the
"Goals and Policies"), as amended.
D. Less than twelve (12) registered voters have resided within the territory of the District
for each ofthe ninety (90) days preceding the close of the public hearing, therefore,
pursuant to the Act the qualified electors of the District shall be the landowners of the
District as such term is defmed in Government Code Section 53317(f) and each such
landowner who is the owner ofrecord as of the close of the public hearing, or the
authorized representative thereof, shall have one vote for each acre or portion of an
acre ofIand that she or he owns within the District.
E. The time limit specified by the Community Facilities District Law for conducting an
election to submit the levy of the special taxes to the qualified electors of the District
and the requirements for impartial analysis and ballot arguments have been waived
with the unanimous consent of the qualified electors of the District.
F. The City Clerk, acting as the election official, has consented to conducting any
required election on a date which is less than 125 days following the adoption of any
resolution forming and establishing the District.
SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT. The Community Facilities
District Report for the District (the "Report"), as now submitted by McGill Martin Self, Inc., Special
Tax Consultant, shall stand as the report as required pursuant to Government Code Section 5332 1.5
for all future proceedings and all terms and contents are approved as set forth therein.
SECTION 4. NAME OF DISTRICT. The City Council does hereby establish and declare the
formation of the District known and designated as "COMMUNITY FACILITIES DISTRICT NO.
12-1 (MCMILLIN-OTAY RANCH-VILLAGE SEVEN)."
RVPUBIMUM1698560.1
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12-38
SECTION 5. BOUNDARIES OF DISTRICT. The boundaries of the District are generally
described as follows:
All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO.
12-1 (MCMILLIN-OTAY RANCH-VILLAGE SEVEN), as shown on a boundary
map as previously approved by this legislative body, such map designated by the
name of this District, a copy of which is on file in the Office of the City Clerk. The
boundary map of the proposed District has been filed pursuant to Sections 3111 and
3113 of the Streets and Highways Code of the State of Cali fomi a in the Office of the
County Recorder of the County of San Diego, at Page 64 of Book 39 of the Book of
Maps of Assessment and Community Facilities Districts for such County.
SECTION 6. DESCRIPTION OF TYPES OF FACILITIES AUTHORIZED TO BE FINANCED.
A general description of the types of public facilities which this legislative body is authorized by law
to construct, own or operation, which are the types of facilities proposed to be financed under these
proceedings, are generally described in Exhibit A attached hereto and incorporated herein by this
reference.
The types of facilities as above-described are facilities which the City Council is authorized
by law to contribute revenue to or to construct, own or operate. It is hereby further determined that
the proposed types of facilities are necessary to meet increased demands placed upon the City as a
result of development occurring within the District, and the costs and expenses charged to this
District represent the fair share costs of the facilities attributable to this District.
For a full and complete description of such types offacilities, reference is made to the Report,
a copy of which is on file in the Office ofthe City Clerk. In addition to fmancing the above described
types of facilities, the financing of those incidental expenses described in the Report are also
approved and authorized.
SECTION 7. SPECIAL TAX. Except where funds are otherwise available a special tax, secured by
recordation of a continuing lien against all non-exempt real property in the proposed District, is
hereby authorized, subject to voter approval, to be levied within the boundaries of the District. For
particulars as to the rate and method of apportionment of the special tax proposed to be levied within
the District, reference is made to the attached and incorporated Exhibit "B" (the "Rate and Method of
Apportionment"), which sets forth in sufficient detail the method of apportionment of the special tax
to allow each landowner or resident within the District to estimate the maximum amount that such
person will have to pay. Such special tax shall be utilized to pay directly for the previously described
types of facilities, to pay debt service on bonds issued by the District to assist in financing such types
of facilities, to replenish any reserve fund established for such bonds, and to pay the costs of
administering the bonds and the District.
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
RVPUBIMUMI698560.!
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12-39
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.
Under no circumstances will the special tax to be levied against any parcel within the District
used for private residential purposes be increased as a consequence of delinquency or default by the
owner of any other parcel or parcels within the District by more than 10 percent.
This legislative body further authorizes that special taxes may be prepaid and satisfied by
payment of the prepayment amount calculated pursuant to the Rate and Method of Apportionment.
Upon recordation ofa Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets
and Highways Code of the State of California against the property within the District, a continuing
lien to secure each levy of the special tax shall attach to all non-exempt real property in the District
and this lien shall continue in force and effect until the special tax obligation is prepaid and
permanently satisfied and the lien canceled in accordance with law or until collection ofthe tax by
the legislative body ceases.
SECTION 8. SPECIAL TAX ACCOUNTABILITY MEASURES. Pursuant to and in compliance
with the provisions of Government Code Section 50075.1, this City Council hereby establishes the
following accountability measures pertaining to the levy by the District of the special taxes described
in Section 7 above:
A. The special tax shall be levied for the specific purposes set forth in Section 7. above.
B. The proceeds of the levy of such special tax shall be applied only to the specific applicable
purposes set forth in Section 7. above.
C. The District shall establish a separate account into which the proceeds of such special tax
shall be deposited.
D. The City Manager or his or her designee, acting for and on behalf of the District, shall
annually fil!l a report with the City Council as required pursuant to Government Code Section
50075.3.
SECTION 9. PREPARATION OF ANNUAL TAX ROLL. The name, address and telephone
number of the office, department or bureau which will be responsible for preparing annually a
current roll of special tax levy obligations by Assessor's parcel number and which shall be
responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government
Code of the State of California, are as follows:
RVPUBIMUMI698560.!
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Engineering Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
(619) 691-5021
SECTION 10. SUBSTITUTION FACILITIES. The description of the types of public facilities, as set
forth in Exhibit A hereto, is general in its nature. The final nature and location of such facilities will
be determined upon the preparation of final plans and specifications therefor. Such final plans may
show substitutes in lieu of, or modification to, the above described types of facilities and any such
substitution shall not be a change or modification in the proceedings as long as the facilities provide
a service substantially similar to that as set forth in this Resolution.
SECTION 11. ELECTION. This City Council herewith submits the levy of the special tax within the
District to the qualified electors thereof, such electors being the landowners in the District, with each
landowner having one (1) voter for each acre or portion thereof ofland which he or she owns within
the District.
PREPARED BY:
APPROVED AS TO FORM BY:
~:~~)
~ ~~mey
Sohaib Al-Agha
City Engineer
RVPUBIMUMI698560.!
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EXHIBIT A
DESCRIPTION OF TYPES OF FACILITIES
The public facilities authorized to be finaoced by the levy of special taxes within the
District shall include backbone streets and related improvements, including without limitation,
grading, landscaping, sewers, drainage improvements and pedestrian bridges, and public utilities
and other public improvements authorized to be financed from the proceeds of the Public Facilities
Development Impact Fee as may be authorized by the goals and policies of the City Council
pertaining to the use of the Community Facilities District Law.
RVPUBIMUMI698560.1
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EXHIBITB
ATTACH A COPY OF THE
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
RVPUBIMUMI698560.!
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I-fe111 Id B
REVISED TO CORRECT DATE ON PAGE 3
RESOLUTION NO.
RESOLUTION DECLARING NECESSITY TO INCUR A BONDED
INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 12-1
(MCMILLIN-OTAY RANCH-VILLAGE SEVEN), SUBMITTING TO THE
QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT
SEP ARA TE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL
TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY FACILITIES
DISTRICT TO INCUR A BONDED INDEBTEDNESS SECURED BY THE
LEVY OF SUCH SPECIAL TAX TO FINANCE CERTAIN TYPES OF
PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT
FOR SUCH COMMUNITY FACILITIES DISTRICT, AND GIVING NOTICE
THEREON
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City
Council"), has previously declared its intention and held and conducted a public hearing relating
to the issuance of bonds to be secured by special taxes to finance certain public facilities in a
community facilities district, 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
Government Code of the State of California (the "Act") and the City of Chula Vista Community
Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista
under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the
"Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community
Facilities District Law"). This Community Facilities District shall hereinafter be referred to as
COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN-OTAY RANCH-VILLAGE
SEVEN) (the "District"); and,
WHEREAS, at this time the City Council desires to proceed to make the determination of
necessity to incur a bonded indebtedness for the District, to declare the purposes for such debt,
and to authorize the submittal of a proposition to the qualified electors of the District, being the
landowners of the District, all as authorized and required by the Community Facilities District
Law;
WHEREAS, the City Council further desires to authorize the submittal of propositions to
such qualified electors of the District to (a) authorize the levy of special taxes within the District
and (b) to establish an appropriation limit for the District;
WHEREAS, all of the qualified electors of the District have waived the time limits
specified in the Act pertaining to the conduct of the election and the requirements for impartial
legal analysis and arguments have also been waived by the unanimous consent of the qualified
electors ofthe District; and
WHEREAS, the City Clerk, as the Election Official, has concurred in the shortening of
time for conducting the election.
I
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REVISED TO CORRECT DATE ON PAGE 3
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are all true and correct.
SECTION 2. NECESSITY FOR BOND ISSUES. The City Council hereby expressly declares
and states that it is necessary to incur a bonded indebtedness of the District as authorized under
the teffi1S and provisions of the Community Facilities District Law, in order to finance the types
of public facilities described in Exhibit A attached hereto and incorporated herein by this
reference.
SECTION 3. BOND INDEBTEDNESS. The specific purposes for the proposed bonded
indebtedness are as follows:
To finance a portion of the costs of the acquisition or construction of certain
public facilities consisting of the types of facilities described in Exhibit A hereto
(the "Facilities") which is incorporated herein by this reference, appurtenances
and appurtenant work and any and all of those applicable incidental costs
described in and authorized by Government Code Section 53345.3.
SECTION 4. TERRITORY TO PAY FOR BONDED INDEBTEDNESS.
This City Council deteffi1ines that the property within the entire District will pay for the
bonded indebtedness referred to in Section 3 above. A general description of the District is as
follows:
All property within the boundaries of Community Facilities District No. 12-1
(McMillin-Otay Ranch-Village Seven), as shown on a map as previously
approved by the City Council, such map designated by the name of this District, a
copy of which is on file in the Office of the City Clerk.
SECTION 5. BOND AMOUNT. The amount of the proposed bonded indebtedness, including
the cost of the Facilities, together with all incidental expenses, shall not exceed $25,000,000.
SECTION 6. BOND TERM This City Council hereby further deteffi1ines that the maximum
teffi1 of bonds and/or any series shall not exceed forty (40) years, and such bonds may be issued
in differing series, at differing times. The maximum rate of interest to be paid on such bonds
may not exceed the greater of either twelve percent (12%) per annum or the maximum rate
peffi1itted by law at the time of sale of any of such bonds. The bonds, except where other funds
are made available, shall be paid exclusively from the annual levy of the special tax within the
District, and are not secured by any other taxing power or funds of the District or the City.
SECTION 7. ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the
provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2
of Title 5 of the Government Code, this City Council hereby establishes the following
accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the
District:
2
MUM\698568.2
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REVISED TO CORRECT DATE ON PAGE 3
A. Such bonded indebtedness shall be incurred for the applicable specific purposes set forth
in the Section 3.
B. The proceeds of any such bonded indebtedness shall be applied only to the applicable
specific purposes identified in Section 3.
C. The document or documents establishing the terms and conditions for the issuance of any
such bonded indebtedness shall provide for the creation of an account into which the proceeds of
such indebtedness shall be deposited.
D. The City Manager or his or her designee, acting for and on behalf of the District, shall
annually file a report with this City Council as required by Government Code Section 53411.
SECTION 8. ELECTION. The propositions related to the incurring of the bonded indebtedness
shall be submitted to the appropriate qualified voters, together with ballot propositions to
authorize the levy of special taxes within the District and to establish an appropriations limit for
the District, at a special election to be held on August 30, 2005, and such election shall be a
special election to be conducted by the City Clerk (the "Election Official"). If any proposition for
the levy of the special tax and any proposition for incurring the bonded indebtedness receives the
approval of two-thirds (2/3) or more of the votes cast on each respective proposition, bonds may
be authorized, issued and sold for the applicable purposes set forth herein and the applicable
special tax may be levied as provided in Resolution Forming and Establishing Community
Facilities District No. 12-1 (McMillin-Otay Ranch-Village Seven) and Authorizing the Submittal
of Special Taxes to the Qualified Electors Thereof. If the proposition to establish the
appropriations limit for the District receives the approval of a majority of the votes cast on such
proposition, such appropriations limit shall be established.
SECTION 10. BALLOTS. The ballot proposals to be submitted to the qualified voters of the
District at the election shall generally be as follows:
PROPOSITION A
Shall the City of Chula Vista Community Facilities District No.
12-1 (McMillin-Otay Ranch-Village Seven), subject to
accountability measures set forth in Resolution No. , levy a
special tax throughout such district pursuant to the rate and method
of apportiomnent thereof set forth in such resolution for the
purposes of paying debt service on bonds of such district,
replenishing the reserve fund for such bonds, paying costs of
administering such indebtedness and such district and paying
directly for the types of facilities described in such resolution?
3
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REVISED TO CORRECT DATE ON PAGE 3
PROPOSITION B
Shall the City of Chula Vista Community Facilities District No.
12-1 (McMillin-Otay Ranch-Village Seven), subject to
accountability measures set forth in Resolution No. , incur
a bonded indebtedness of such district in an amount not to exceed
$25,000,000 for the specific purposes set forth in such resolution?
PROPOSITION C
Shall the City of Chula Vista Community Facilities District No.
12-1 (McMillin-Otay Ranch-Village Seven) establish an Article
XIIIB appropriations limit equal to $25,000,000?
SECTION 10. VOTE The appropriate mark placed on the line in front of the word "YES" shall
be counted in favor of the adoption of the proposition, and the appropriate mark placed on the
line in front of the word "NO" in the manner as authorized, shall be counted against the adoption
of such proposition.
SECTION 11. ELECTION PROCEDURE The Election Official is hereby authorized to take any
and all steps necessary for the holding of such election. The Election Official shall perform and
render all services and proceedings incidental to and connected with the conduct of the election,
which services shall include, but not be limited to, the following activities as are appropriate to
the election:
A. Prepare and furnish to the election officers necessary election supplies for the
conduct of the election.
B. Cause to be printed the requisite number of official ballots, tally sheets and other
necessary forms.
C. Furnish and address official ballots for the qualified electors.
D. Cause the official ballots to be delivered to the qualified electors or their
authorized representatives, as required by law.
E. Receive the returns of the election and supplies.
F. Sort and assemble the election material and supplies III preparation for the
canvassing of the returns.
G. Canvass the returns of the election.
H. Furnish a tabulation of the number of votes given in the election.
4
MUM\698568.2
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REVISED TO CORRECT DATE ON PAGE 3
I. Make all arrangements and take the necessary steps to pay all costs of the election
incurred as result of services performed by the District and pay costs and
expenses of all election officials.
J. Conduct and handle all other matters relating to the proceedings and conduct of
the election in the manner and form as required by law.
PREPARED BY:
APPROVED AS TO FORM BY:
Jack Griffin
Director of General Services
Ann Moore
City Attorney
5
MUM\698568.2
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REVISED TO CORRECT DATE ON PAGE 3
EXHIBIT A
DESCRIPTION OF TYPES OF FACILITIES
The public facilities authorized to be financed by the levy of special taxes within
the District shall include backbone streets and related improvements, including without
limitation, grading, landscaping, sewers, drainage improvements and pedestrian bridges, and
public utilities and other public improvements authorized to be financed trom the proceeds of the
Public Facilities Development Impact Fee as may be authorized by the goals and policies of the
City Council pertaining to the use of the Community Facilities District Law.
A-I
MUM\698568.2
/2--lf1
COUNCIL AGENDA STATEMENT
Item I '3
Meeting Date 08/23/05
ITEM TITLE:
Public Hearing to consider the adoption of an Ordinance amending
Ordinance No. 2898 relating to the Pedestrian Bridge Development
Impact Fee Program for Otay Ranch Village 11.
Resolution Accepting a report prepared by Development
Planning & Financing Group recommending the update of the
existing Pedestrian Bridge Development Impact Fee Program for
Otay Ranch Village 11.
Ordinance
Pedestrian Bridge
Ranch Village 11.
amending Ordinance No. 2898 relating to the
Development Impact Fee Program for Otay
SUBMITTED BY:
C. E' /.>L(2.-L." ~~
lty ngmeer f ' - r
City Manager fl
(4/5'hS Vote: Yes_ No.1L)
REVIEWED BY:
The City Council established the original Pedestrian Bridge Development Impact Fee
Program for Otay Ranch Village 11 (Ped Bridge DIF) on February 18, 2003 by
Ordinance No. 2898. The original Ped Bridge DIF was created to finance half of the
construction cost of two Pedestrian Over-Crossings (POC) for the Otay Ranch Village 11
(Winding Walk): the Hunte Parkway pac and the Eastlake Parkway pac. The
remaining cost of the Pedestrian Over-Crossings will be funded by the adjacent projects
as a condition of development.
Tonight, Council will consider the adoption of an update to the Pedestrian Bridge
Development Impact Fee Program for Otay Ranch Village 11 to account for construction
costs increases of the pedestrian facilities. The fee, payable at issuance of a building
permit, will increase from $827 to $1,808 per equivalent dwelling unit (EDU). This will
be the first adjustment of the fee since its inception in February 18, 2003. The public
hearing has been duly noticed.
RECOMMENDATION: That Council:
1. Conduct the Public Hearing.
2. Approve the Resolution accepting the report prepared by Development Planning
and Financing Group (Ped Bridge Report).
3. Adopt the Ordinance amending Ordinance No. 2898 relating to the Pedestrian
Bridge Development Impact Fee Program for Otay Ranch Village (first reading).
13-1
Page 2, Item 13
Meeting Date 08/23/05
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
Otay Ranch Village II is located at the eastern edge of the Otay Valley Parcel, south of
Olympic Parkway, west of Hunte Parkway and the Salt Creek open space corridor, east of
Eastlake Parkway and northwest of the future University site (Villages Nine and Ten, see
Exhibit 1).
The Otay Ranch Village 11 tentative map conditions of development required the
establishment of a Development Impact Fee, or other funding mechanism, to fund Village
II's share of the two pedestrian bridges serving Village 11. One bridge crosses Hunte
Parkway, connecting Village 11 to the future University site and the second bridge
crosses Eastlake Parkway, connecting Village II to the Eastern Urban Center (see
Exhibit 1). Village ll's share of these two bridges is 50% as approved by Council on
February 18, 2003, with Ordinance No. 2898. Developers of the Eastern Urban Center
and the future university site will address the balance of the funding during the
entitlement process for each project.
Area of Benefit
The Area of Benefit for the updated Pedestrian Bridge Development Impact Fee Program
for Otay Ranch Village 11 is generally described as the area surrounded by Olympic
Parkway, Hunte Parkway and Eastlake Parkway (see Exhibit 2). The area of benefit
remains unchanged as outlined by Ordinance No. 2898.
Pedestrian Bridge Report
The "Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village I I"
(see Exhibit 3), dated May 26, 2005, was prepared by Development Planning &
Financing Group at the request of Brookfield Shea Otay, LLC. The intent of this report is
to determine an appropriate pedestrian bridge development impact fee based on the
updated cost of the two pedestrian bridges, the area of benefit, the type of land-use and its
corresponding benefit. City staff concurs with the findings of the report.
The report contains the revised total cost estimate for the Eastlake Parkway and Hunte
Parkway pedestrian bridges: $1,923,704 and $3,379,974 respectively. The fee, payable at
issuance of a building permit, will be $1,808 per single-family detached (SFD) dwelling
unit and $1,341 per multiple-family (MF) dwelling. This represents a 119% increase in
the fee from the original $827 SFD, $614 MF rates, established on February 18, 2003.
The fee increase was due to increased concrete and steel prices as well as fewer units
remaining to spread the cost over.
The report also outlines in greater detail the methodology used to develop the Pedestrian
Bridge Development Impact Fee. In short, the fee is based on people per household
factors similar to the parkland dedication as used in Municipal Code 17.10 where
households with larger numbers of people per household inure greater benefit than
13-2
/'"
Page 3, Item ,")
Meeting Date 08/23/05
smaller households. The people per household factors used for the Pedestrian Bridge
Development Impact Fee are 3.52 for single-family detached dwellings and 2.61 for
multifamily dwelling units. The methodology has not changed with this amendment.
Pedestrian Bridges and Village Connectivity
The Otay Ranch Village Eleven Sectional Planning Area ("SPA") Plan-Parks,
Recreation, Open Space, and Trails Master Plan has been designed, in part, to promote
the pedestrian and bicycle trials as alternatives to using an automobile to access the
village core, neighboring SPA's, which will serve as the commercial hub for Village II
and the Otay Valley Regional Park. Pedestrian trails have also been designed to provide
access to schools, parks, residential neighborhoods, and open space within villages, as
well as between SPA's. The Eastlake Parkway and the Hunte Parkway Pedestrian
Bridges are an integral part of the pedestrian trail system.
The Eastlake Parkway Bridge will cross Eastlake Parkway, just north of Hunte Parkway
and will connect the pedestrian trail system within the Eastern Urban Center to the
pedestrian trail system within Village II. The Hunte Parkway Bridge will cross Hunte
Parkway about equal distance between Eastlake Parkway and the San Diego Gas &
Electric (SDG&E) and San Diego County Water Authority Easement. This bridge will
connect the pedestrian trail system in Village II to a planned pedestrian trail system in
Village 10 (University Village). Land within Village II will benefit from the installation
of these bridges primarily due to: (1) the location and proximity to the bridge, and (2) the
ease of access to the bridge based on the trail configuration.
Annual Fee Adjustment
Tonight's action also includes a provision in the ordinance whereby future construction
cost increases are to be automatically adjusted using the Engineering News Record
(ENR)'s Construction Cost Index. The annual average changes in labor and materials
costs as computed by this index reflect industry standards, and are appropriate for the
calculation construction cost changes. The proposed automatic annual update of the fee
is identical to the methodology applied to other development related fees and PAD fees
within the City such that all automatic fee increases from July to July will be effective the
first of October I of each year. This mechanism will ensure the collection of sufficient
funds to construct the facilities while minimizing the expense to the City associated with
the preparation of a Master Fee Schedule update.
Meetings with the Master Developers
Staff has had meetings with Brookfield Shea Otay, LLC to discuss the Pedestrian Bridge
Development Impact Fee Program for Otay Ranch Village II. The Developer does not
object to the proposed Pedestrian DIP adjustment.
Environmental Review
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
13-3
f?,
Page 4, Item / ~
Meeting Date 08/23/05
Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Although environmental review is not necessary at this
time, environmental review will be required prior to the approval of final design plans
and the awarding of construction contracts for facilities funded through Pedestrian Bridge
Development Impact Fee.
FISCAL IMPACT: The Ped Bridge Development Impact Fee, including all of the City's
Development Impact Fees, is maintained separately from the general fund. The
developers have paid for all costs related to update including the preparation of the
Report. The fair-share maintenance costs associated with all Otay Ranch pedestrian
bridges are funded by the Community Facilities Districts in which they are located.
Exhibits:
1. Pedestrian Bridge Facility Map
2. Area of Benefit
3. Pedestrian Bridge DIP Report
4. Strikeout ordinance amending Ordinance No. 2898
J:\Engineer\AGENDA\CAS2005\8-16-05\A113 OR VII Ped Bridge DIF.doc
Last Updated: 08/09/2005 1 :56 PM
13-4
EXIDBIT 1
PEDESTERlAN BRIDGE DEVELOPMENT IMP ACT FEE REPORT
MAP OF PEDESTERIAN BRIDGE LOCA TrONS
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Pedesterian Bridge Development Impact Fee Report
Area of Benefit
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EXHIBIT 3
CITY OF CHULA VISTA
PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE
REPORT FOR OT A Y RANCH VILLAGE 11
MAY 26, 2005
Prepared by:
Development Planning & Financing Group
27127 Calle Arroyo, Suite 1910
San Juan Capistrano, CA 92675
13-7
CITY OF CHULA VISTA
PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT
INDEX
DESCRIPTION PAGE
1. Background and Purpose of Report 2
2. Description of Pedestrian Bridges and Cost Estimates 3
3. Area of Benefit 4
4. Development within the Area of Benefit 5
5. Pedestrian Bridge Development Impact Fee Methodology 6
6. Implementation of Pedestrian Bridge Development Impact Fee 7
Map of Pedestrian Bridge Locations
Exhibit 1
Area of Benefit
Exhibit 2
Summary of Pedestrian Bridge Development Impact Fee
Exhibit 3
Pedestrian Bridge Planning Study (Simon Wong
Engineering, dated June 20, 2002)
Pedestrian Bridge Development Impact Fee Ordinance
Exhibit 4
Exhibit 5
Village 11
May 26, 2005
Pedestrian Bridge Development Impact Fee Report
Page 1
13-8
1. Background and Purpose of Report
The Pedestrian Bridge Development Impact Fee Report ("Report") is being updated at
the request of Brookfield Shea Otay, LLC ("Brookfield Shea"). In connection with
developing residential and non-residential property in Village I I, the Brookfield Shea
area is currently conditioned through the mapping process to construct portions of two
pedestrian bridges. The enactment of a pedestrian bridge development impact fee has
been determined to be the appropriate method of securing the funding for the bridges.
Fees have already been collected from 1,046 units which have been issued a building
permit within neighborhoods R-l though R-IO.
It is the City's intent that the cost of the two pedestrian bridges be shared among the
various beneficiaries of such bridges. The purpose of the Report is to determine an
appropriate pedestrian bridge development impact fee based on the cost of the two
pedestrian bridges, the area of benefit, the type of land use and its corresponding benefit.
The two bridges described in this Report are considered an additional facility need of the
City arising as a result of new development. Government Code Section 66000 requires
that a City establish a reasonable relationship or "nexus" between a development project
or class of development projects, and the public improvements for which a development
impact fee is charged.
To meet the requirements of Government Code 66000, the Report must demonstrate
compliance with the following items:
Q Identify the purpose of the fee;
Q Identify the use to which the fee will be put;
Q Determine how there is a reasonable relationship between the fee's use and
the type of development project on which the fee is imposed (i.e., a "type"
nexus); and
Q Determine how there is a reasonable relationship between the need for the
public facility and the type of development project on which the fee is
imposed (I.e., a "burden" nexus). In addition, when a city imposes a fee as a
condition of development approval, it must determine how there is a
reasonable relationship between the amount of the fee and the cost of the
public facility or portion of that facility attributable to the development on
which the fee is imposed.
Government Code Section 66000 also requires that a public agency segregate and
account for the fees received separate from the general fund. Additionally, if a public
agency has had possession of a developer fee for five years or more and has not
committed or expended the funds for a public facility, then the public agency must make
Village II
May 26, 2005
Pedestrian Bridge Development Impact Fee Report
Page 2
13-9
a finding describing the continuing need for the fees each fiscal year after the five year
period has expired.
2. Description of Pedestrian Bridges and Cost Estimates
The two pedestrian bridges included within this Report are described as follows: (i)
Hunte Parkway, and (ii) Eastlake Parkway. The location of each bridge is depicted on
the map attached to this Report as Exhibit 1. Also, included on the map in Exhibit 1 is
the Village II pathway system and its linkage with the pedestrian bridges described in
this Report. A summary of the total estimated cost of constructing each bridge, including
soft cost are summarized as follows:
Hunte Pky Eastlake Pky.
Brid~e Brid~e
Hard Cost:
Construction Cost $ 1,921,464 $ 1,093,971
Contingency@ 25% 480.366 273.448
Total Hard Cost 2.401.830 1.367.238
Soft Cost:
Design Cost @ 15% 360,274 205,086
Construction & Special Inspection
Cost@ 15% 360,274 205,086
Project Admin. (Audit) @ 2% 48,037 27,345
Program Administration @ 5% 120,091 68,362
Contingency @ 10% 88.686 50.588
Total Soft Cost 977.544 556.466
Total Hard & Soft Cost $3 379 974 $1 923704
The hard construction cost estimate for each bridge was updated as of April 18,2005 by
Simon Wong Engineering, and the details of such estimate are described in Exhibit 4.
The two bridges will be constructed using cast-in-place reinforced concrete, Aesthetic
features include columns and abutments with simulated stone fascia, rectangular columns
with a 2-way taper, walkway accent lighting and concrete stain on exposed concrete
surfaces. The Hunte Parkway Bridge is planned to be 12 feet wide with a 10 foot wide
walkway, a total vertical clearance of 18 feet 6 inches, and 556 feet in length. The
Eastlake Parkway Bridge is planned to be 12 feet wide with a 10 foot wide walkway, a
total vertical clearance of 18 feet 6 inches, and 295 feet in length. A hard cost
contingency factor of 25% has been applied to both the Hunte Parkway Bridge and the
Eastlake Parkway Bridge.
The design cost includes the cost of preparing design-related plans, including the cost
associated with checking and reviewing such plans. The construction and special
inspection cost includes the City inspection cost and the cost of retaining an outside firm
with special experience in bridge inspections. The project administration cost includes
the City's cost associated with verifying and auditing bridge expenditures and related
documentation. The program administration cost includes the City's cost associated with
monitoring and updating this fee program including, but not limited to, tracking building
permits and changes in land use, collecting the fee, and revising cost estimates to ensure
the adequacy of this fee program.
Village 11
May 26, 2005
Pedestrian Bridge Development Impact Fee Report
Page 3
13-10
3. Area of Benefit
The Otay Ranch Village Eleven Sectional Planning Area ("SPA") Plan - Parks,
Recreation, Open Space, and Trails Master Plan has been designed, in part, to promote
the pedestrian and bicycle trials as alternatives to using an automobile to access the
village core, neighboring SPA's, which will serve as the commercial hub for Village II
and the Otay Valley Regional Park. A map depicting the General Development Plan land
uses of Village 11 is enclosed in Exhibit 2. Pedestrian trails have also been designed to
provide access to schools, parks, residential neighborhoods, and open space within
villages, as well as between SPA's. The pedestrian bridges described in this Report are
an integral part ofthe pedestrian trail system for the system to operate as designed.
The Eastlake Parkway Bridge crosses EastJake Parkway between Olympic Parkway and
Hunte Parkway near the intersection of Birch Road and serves to connect the existing
pedestrian trail system within Freeway Commercial/Easter Urban Center to the planned
pedestrian trail system within Village 11. Land within Village II will benefit from the
installation of this bridge primarily due to: (i) its location and proximity to the bridge, and
(ii) its ease of access to the bridge based on the trail configuration. One half of the
Eastlake Parkway Bridge cost will be included in a future pedestrian bridge development
impact fee program prepared for the Freeway Commercial/Eastern Urban Center.
The Hunte Parkway Bridge crosses Hunte Parkway about equal distance between
Eastlake Parkway and the SDG&E and San Diego County Water Authority Easement.
This bridge serves to connect the pedestrian trail system in Village 11 to the planned
pedestrian trail system in Village 10 (University Village). Land within Villages 11 and
10 will benefit from the installation of this bridge primarily due to: (i) its location and
proximity to the bridge, and (ii) its ease of access to the bridge based on the trail
configuration. It is anticipated that one-half of the Hunte Parkway Bridge cost will be
included in a future pedestrian bridge development impact fee program to be prepared for
Village 10 prior to developing this area.
A summary of the two pedestrian bridges and the three areas of benefit ("AOB") based
on the discussion above are as follows.
Hunte Parkway Eastlake Pky.
Bridge Bridge
Village 11 AOB AOB
Village 10 AOB(a)
Freeway AOB(a)
Commercial/Eastern
Urban Center
(aJ This Village will be included in a future pedestrian bridge impact
fee program to fund 1, ofthe cost oflhe applicable bridge.
Village 11
May 26, 2005
Pedestrian Bridge Development Impact Fee Report
Page 4
13-11
4. Development within the Area of Benefit
The properties within the AOB described in this Report are in various stages of the
entitlement process. Property within the AOB has development approvals ranging from
General Plan Designation to a Tentative Map. An "A" Map allows the transfer of
ownership of individual neighborhood areas. A "B" Map functions as a final map and
allows property owners to obtain building permits and create individual lots. The current
entitlement status and land use for property within the AOB by Village, is as follows:
Brookfield/Shea Otay LLC:
}o> Village 11: This area consists of approximately 2,304 residential units, 4.4
acres of community purpose facility, 2.9 acres of mixed use and 7.7 acres of
parks. A portion of this area has approved "B" Maps which function as a final
map, obtained building permits, paid their respective bridge fees and closed
units to individual home buyers. The remaining portion of Village 11 is at
various stages of entitlement status and consists of 1,258 residential units,
which will pay their fees upon building permits issuance.
The approved tentative tract map land uses for Village 11 for residential dwelling units
and non-residential acres are described in greater detail in Exhibit 3. The land use
assumptions in Exhibit 3 will serve as the basis for allocating the benefit of the two
pedestrian bridges and determ ining the pedestrian bridge development impact fee in this
Report.
The residential land uses within Village II will have different degrees of benefit from the
installation of the two pedestrian bridges. Residential units containing larger square
footage will typically hold more people per household than the residential units
containing smaller square footage. As such, residential units with a larger number of
people per household will inure greater benefit from using the pedestrian trail system and
its two bridges than residential units with a smaller number of people per household. The
City utilizes people per household factors ("PPHF") in determining the amount of
parkland dedication required by new development projects pursuant to City Ordinance,
Chapter 17.10. The PPHF used in Chapter 17.10 can serve as a reasonable method of
allocating the bridge benefit to different residential uses. Chapter 17.10.040 applies
PPHF to the following residential uses:
3.52
2.61
er household
er household
For purposes of clarification and the ease of program administration, we have developed
the following definitions for the above mentioned residential land use categories:
"SFD" means a single residential unit on a single assessor's parcel in within a tract with a
density of less than or equal to 8 residential units per acre.
Village 11
May 26, 2005
Pedestrian Bridge Development Impact Fee Report
Page 5
13-12
"MF" means any residential unit within a tract with a density greater than 8 residential
units per acre.
For purposes of allocating the bridge benefit to different types of residential uses, the
PPHF's described in the preceding table were used in this Report. Brookfield Shea has
provided, as noted in Exhibit 3, the estimated residential product types anticipated to be
developed for each planning area.
The non-residential property consisting of mixed use, community purpose facility,
schools, and parks is considered to inure insignificant benefit from the installation of the
two bridges. A small number of employees related to the mixed use and community
purpose facility uses may utilize the pedestrian trail system and its two bridges for fitness
and recreation purposes during and after work hours, however the degree of this use and
benefit inured to these types of properties is considered immaterial and insignificant. The
school and park uses are designed to serve and accommodate the residential users in the
villages. These land uses do not generate pedestrian trail users, instead their purpose is to
serve or accommodate the residential users in the villages. As such, mixed use,
community purpose facility, school and park uses within Village II are considered
exempt from the pedestrian bridge fee obligation described in this Report.
5. Pedestrian Bridge Development Impact Fee Methodology
The Steps or methodology used to develop the pedestrian bridge development impact fee
applicable to residential units within Village II is as follows:
Step 1: Determine the total construction cost estimate for each of the two bridges.
Step 2: Multiply the total construction cost estimate of the Eastlake Parkway Bridge
from Step I by 50% to account for costs allocable to Freeway Commercial and
Eastern Urban Center in connection with an existing development impact fee
program. Multiply the total construction cost estimate of the Hunte Parkway Bridge
from Step 1 by 50% to account for costs allocable to Village 10 in connection with a
future development impact fee program.
Step 3: Subtract from the total construction cost estimate in Step I the cost estimate
in Step 2 to determine the net bridge cost estimate allocable to Village II.
Step 4: For each bridge and corresponding AOB, determine the total number of
people per planning area by multiplying the actual and/or planned residential units
within the planning area by the applicable PPHF.
Step 5: For each bridge and corresponding AOB, determine the total number of
people within the AOB by summing the results of each planning area from Step 4.
Step 6: For each bridge and corresponding AOB, determine the bridge cost allocable
to a planning area by multiplying the applicable bridge cost in Step 3 by the fraction
Village 11
May 26, 2005
Pedestrian Bridge Development Impact Fee Report
Page 6
13-13
obtained by dividing the total number of people per planning area as determined in
Step 4 by the total number of people within the AOS as determined in Step 5.
Step 7: For each bridge and corresponding AOS, determine the applicable bridge
cost per residential unit by dividing the bridge cost allocable to the planning area as
determined in Step 6 by the actual and/or planned residential units within each
planning area.
Step 8: For each bridge and corresponding AOS, determine the combined cost of all
bridges per residential unit by aggregating the results of Step 7 for all bridges and
related AOS.
Exhibit 3 outlines on a detailed basis the methodology used to calculate the pedestrian
bridge development impact fee applicable to residential units within Village II.
6. Implementation of Pedestrian Bridge Development Impact Fee
The City Council may periodically review the adequacy of the pedestrian bridge
development impact fee established in this Report and the attached Ordinance. The City
Council, by resolution, may adjust the amount of this pedestrian bridge development
impact fee, as necessary, to reflect changes in: (i) the Engineering News Record
Construction Cost Index, (ii) the cost of the two pedestrian bridges, and (iii) the land use
assumptions used in this Report. The pedestrian bridge development impact fee is
required to be paid upon the issuance of a building permit.
A developer may request authorization from the City to construct one or more of the
pedestrian bridges. Upon application by a developer to construct a pedestrian bridge, an
agreement shall be prepared for City Council action which contains at least the following
information and requirements:
a) A detailed description of the project, including a preliminary cost estimate;
b) The developer shall: (i) prepare plans and specifications for approval by the
City, (ii) secure and dedicate any right-of-way required for the project, (iii)
secure all required permits, environmental clearances necessary for the
construction of the project, (iv) provide performance bonds, and (v) pay all
City fees and costs;
c) The developer shall advance all necessary funds to construct the project. The
City will not be responsible for any construction costs beyond those agreed to
in advance by the City;
d) The developer shall secure at least three (3) qualified bids for the construction.
Any extra work charges during construction shall be justified and
documented;
Village II
May 26, 2005
Pedestrian Bridge Development Impact Pee Report
Page 7
13-14
e) When all work has been completed to the satisfaction of the City, the
developer shall submit verification to the City of payments made for the
construction. The City Manager shall make the final determination on
expenditures eligible for credit or cash reimbursement;
1) The City shall inspect all construction and verify quantities, in accordance
with the City and state code, to ensure the final improvement complies with
all applicable standards and is constructed to the satisfaction of the City
Engineer;
g) The developer will receive a credit against the required development impact
fees during the issuance of building permits for the proposed development. If
the total construction cost amounts to more than the total required
development impact fees, the developer will be paid the excess cash when
funds are available as determined by the City Manager.
The ordinance attached herein as Exhibit 5 addresses, among other things, the developer
construction of the pedestrian bridge(s), the pedestrian bridge development impact fee,
the procedure for waiver or reduction of the development impact fee, and exemptions.
With the adoption of the pedestrian bridge development impact fee, the following
development impact fees identified in Exhibit 5 would apply.
Village 1]
May 26, 2005
Pedestrian Bridge Development Impact Pee Report
Page 8
13-15
EXHIBIT 1
13-16
PEDESTERIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT
MAP OF PEDESTERIAN BRIDGE LOCA nONS
CItE""
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, 3-17
EXHIBIT 2
13-18
Pedestrian Bridge Development Impact Fee Report
Area of Benefit
ffI'SYM'l'
....r
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-
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13-19
EXHIBIT 3
13-20
EXHIBIT 3
SUMMARY OF PEDESTRIAN BRIDGE DEVELOPMENT
IMPACT FEE PER UNIT
Date: 5/26/05
13-21
EXHIBIT 3
CALCULATION OF PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE
HUNTE PARKWAY BRIDGE
Unissued Total
Building Persons No. of
. Permits per Persons per Cost per
Planning Product as af Household Household Planning Cost per
Area Type Density Units Acres 5/11/05 Factor (1)' (2) Area Unit
(1) (2)
Village Eleven:
R-1 SFD 8.4 163 19.4 0 3.52 0.00 $0 $0
R-2 SFD 4.4 47 10.6 0 3.52 0.00 0 0
R-3 SFD 4.1 46 11.1 0 3.52 0.00 0 0
R-4 SFD 5.6 55 9.8 0 3.52 0.00 0 0
R-5 SFD 6.0 34 5.7 0 3.52 0.00 0 0
R-6 SFD 6.1 38 6.2 0 3.52 0.00 0 0
R-7 SFD 7.8 67 8.6 0 3.52 0.00 0 0
R-8 SFD 7.1 58 8.2 0 3.52 0.00 0 0
R-9 SFD 7.0 60 8.6 0 3.52 0.00 0 0
R-10 SFD 6.7 89 13.2 0 3.52 0.00 0 0
R-11 SFD 6.0 34 5.7 34 3.52 119.68 39,173 1,152
R-12 SFD 69 57 8.3 57 3.52 200.64 65,672 1,152
R-13 SFD 6.0 54 9.0 54 3.52 190.08 62,216 1,152
R-14 SFD 6.6 54 8.2 54 3.52 190.08 62,216 1,152
R-15 SFD 8.3 67 8.1 67 3.52 235.84 77,193 1,152
R-16 SFD 9.7 59 6.1 59 3.52 207.68 67,976 1,152
R-17 MF 11.7 182 15.5 182 2.61 475.02 155,480 854
R-18 MF 12.9 110 8.5 110 2.61 287.10 93,972 854
R-19 MF 16.0 207 12.9 207 2.61 540.27 176,837 854
R-20/21/22 MF 32.9 270 8.2 0 2.61 0.00 0 0
R-23 SFD 7.1 119 16.7 0 3.52 0.00 0 0
R-24/25 MF 28.7 359 12.5 359 2.61 936.99 306,689 854
MU-1 MF 7.5 75 10.0 75 2.61 195.75 64,072 854
CPF-1 CPF 4.4 0
P-1 Park 7.7 0
MU-1 Comm. 2.9 0
Grand Total Village Eleven 2,304 276.1 1,258 3,579.13 $1,171,496
Date: 5/26/05
13-22
EXHIBIT 3
CALCULATION OF PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE
EASTLAKE PARKWAY BRIDGE
Unissued Total
Building Persons No. of
Permits per Persons per Cost per
Planning Product as of Household Household Planning Cost per
Area Type Density Units Acres 5/11/05 Factor (1)' (2) Area Unit
(1) (2)
Village Eleven:
R-l 8FD 8.4 163 19.4 0 3.52 0.0 0 $0
R-2 8FD 4.4 47 10.6 0 3.52 0.0 0 0
R-3 8FD 4.1 46 11.1 0 3.52 0.0 0 0
R-4 8FD 5.6 55 9.8 0 3.52 0.0 0 0
R-5 8FD 6.0 34 5.7 0 3.52 0.0 0 0
R-6 8FD 6.1 38 6.2 0 3.52 0.0 0 0
R-7 8FD 7.8 67 8.6 0 3.52 0.0 0 0
R-8 8FD 7.1 58 8.2 0 3.52 0.0 0 0
R-9 8FD 7.0 60 8.6 0 3.52 0.0 0 0
R-l0 8FD 6.7 89 13.2 0 3.52 0.0 0 0
R-ll 8FD 6.0 34 5.7 34 3.52 119.7 22,299 656
R-12 8FD 6.9 57 8.3 57 3.52 200.6 37,384 656
R-13 8FD 6.0 54 9.0 54 3.52 190.1 35,416 656
R-14 8FD 6.6 54 8.2 54 3.52 190.1 35,416 656
R-15 8FD 83 67 8.1 67 3.52 235.8 43,942 656
R-16 8FD 9.7 59 6.1 59 3.52 207.7 38,695 656
R-17 MF 11.7 182 15.5 182 2.61 475.0 88,507 486
R-18 MF 12.9 110 8.5 110 2.61 287.1 53,493 486
R-19 MF 16.0 207 12.9 207 2.61 540.3 100,664 486
R-20/21 122 MF 32.9 270 8.2 0 2.61 0.0 0 0
R-23 SFD 7.1 119 16.7 0 3.52 0.0 0 0
R-24/25 MF 28.7 359 12.5 359 2.61 937.0 174,582 486
MU-l MF 7.5 75 10.0 75 2.61 195.8 36,473 486
CPF-l CPF 4.4
P-l Park 7.7
MU-l Comm. 2.9
Grand Total Village Eleven 2,304 276.1 1,258 3,579.1 $666,872
Date: 5/26/05
13-23
EXHIBIT 3
City of Chula Vista
Pedestrian Bridge Cost Estimate
Hunte
Parkway
Bridge
Hard Costs:
Construction Cost
Approach Ramps
Contingency @ 25%
Total Hard Costs
$1,921,464
o
480,366
2,401,830
Eastlake
Parkway
Pkwy Bridge
$1,093,791
o
273,448
1,367,238
50ft Costs:
Design Cost @ 15% 360,274 205,086
Construction & Special
Inspection Cost @ 15% 360,274 205,086
Project Admin. (Audit) @ 2% 48,037 27,345
Program Admin. @ 5% 120,091 68,362
Contingency @ 10% 88,868 50,588
Total 50ft Costs 977,544 556,466
Total Hard & 50ft Cost 3,379,374 1,923,704
One Half of Bridge Cost 1,689,687 961,852
Less: Available Funds (a) 518,191 294,980
Remaining Bridge Cost $1,171,496 $666,872
(a) Available funds represents fees collected from units which have
issued a building permit as of May, 2005 and interest earned on
funds held by the City for construction of the bridges.
Date: 5/26/2005
13-24
EXHIBIT 4
13-25
PLANNING STUDY ESTIMATE
ENGINEER:
REVIEWED BY:
A. SANFORD
COMPANY:
DATE:
SIMON WONG ENGINEERING
4/18/05
STRUCTURE: EASTLAKE PARKWAY PEDESTRIAN OVER CROSSING
LENGTH:
295'-0"
WIDTH:
12'-0"
DECK AREA (SF) :
3540
ITEM NO. CONTRACT ITEMS UNIT QUANTITY PRICE AMOUNT
1 STRUCTURE EXCAVATION (BRIDGE) CY 295 $60.00 $17,700.00
2 STRUCTURE BACKFILL (BRIDGE) CY 190 $80.00 $15,200.00
3 STRUCTURAL CONCRETE, BRIDGE CY 460 $1,200.00 $552,000,00
4 STRUCTURAL CONCRETE, BRIDGE FOOTING CY 65 $400.00 $26,000.00
5 BAR REINFORCING STEEL (BRIDGE) LB 96,500 $1.35 $130,275.00
6 METAL BRIDGE RAILING 4'-6" LF 330 $100.00 $33,000.00
7 METAL BRIDGE RAILING 8'-0" LF 260 $165.00 $42,900.00
8 JOINT SEALS LF 24 $95.00 $2,280.00
11 PILES DRIVE (CLASS 70C) EA 40 $2,500.00 $100,000.00
12 PILES FURNISH (CLASS 70C) LF 1200 $25.00 $30,000.00
13 BRIDGE LIGHTING LS 1 $45,000.00 $45,000.00
SUBTOTAL $994,355.00
MOBILIZATION (10%) $99,435.50
SUBTOTAL $1,093,790.50
CONTINGENCIES (25%) $273,447.63
TOTAL $1,367,238.13
FOR BUDGET PURPOSE USE $1,368,000.00
SQ FT COST
$
308.98
COMMENTS:
Pile foundations assume with depth of piles and number of piles estimated. Actual foundation will be determined during design
once Soils Report has been provided.
Includes only bridge items of work. Site grading, Bridge embankment construction and metal beam guardrail not included in this estimate.
Legend:
CY -Cubic Yards
EA . Each
LB - Pounds
LF - Unear Feet
13-26
PLANNING STUDY ESTIMATE (BRIDGE ITEMS)
ENGINEER:
REVIEWED BY:
A. SANFDRD
COMPANY:
DATE:
SIMON WONG ENGINEERING
4/18/05
STRUCTURE: HUNTE PARKWAY PEDESTRAIN OVERCROSSING
LENGTH:
556'-0"
WIDTH:
12'-0"
DECK AREA (SF) :
6672
ITEM NO. CONTRACT ITEMS UNIT QUANTITY PRICE AMOUNT
1 STRUCTURE EXCAVATION (BRIDGE) CY 468 $60.00 $28,080.00
2 STRUCTURE BACKFILL (BRIDGE) CY 284 $80.00 $22,720.00
3 STRUCTURE EXCAVATION (RET WALL) CY 89 $60.00 $5,340.00
4 STRUCTURE BACKFILL (RET WALL) CY 274 $80.00 $21.920.00
5 STRUCTURAL CONCRETE, BRIDGE CY 771 $1,200.00 $925,200.00
6 STRUCTURAL CONCRETE. BRIDGE FOOTING CY 141 $400.00 $56,400.00
7 STRUCTURAL CONCRETE, RET WALL CY 50 $800.00 $40,000.00
8 BAR REINFORCING STEEL (BRIDGE) LB 174,050 $1.25 $217,562.50
9 BAR REINFORCING STEEL (RET WALL) LB 2,666 $1.25 $3,332.50
10 METAL BRIDGE RAILING (4'-6") LF 862 $100.00 $86,200.00
11 METAL BRIDGE RAILING (8'-0") LF 250 $165.00 $41,250.00
12 JOINT SEALS LF 24 $95.00 $2,280.00
13 PILES DRIVE (CLASS 70C) EA 62 $2,500.00 $155,000.00
14 PILES FURNISH (CLASS 70C) LF 1860 $25.00 $46,500.00
15 BRIDGE LIGHTING LS 1 $85,000.00 $85,000.00
16 MINOR CONRETE (RAMPS) LS 1 $10,000.00 $10,000.00
SUBTOTAL $1,746,785.00
MOBILIZATION (10%) $174,678.50
SUBTOTAL $1,921,463.50
CONTINGENCIES (25%) $480,365.88
TOTAL $2,401,829.38
FOR BUDGET PURPOSE USE $2,402,000.00
SQ FT COST
$
287.99
COMMENTS:
Pile foundations assume with depth of plies and number of piles estimated. Actual foundation will be determined during design
once Soils Report has been provided.
Includes only bridge items of work and concrete for ramp system. Site grading, Bridge embankment construction and metal beam guardrail
not included in this estimate.
Legend:
CY -Cubic Yards
EA - Each
LB - Pounds
LF - Linear Feet
13-27
,....,}i:;
i:....Bridp Planing Study
A
~ ";~
BROOKFIELll
"'"'-''';:tr....-.......;''':
9968 Hibert Street, Suit. 202
San Diego, CA 92/3/
(858) 566-3/13 fax (858) 5t56.&!#
www.simonwongeng.com
13-28
/V^V,
SIMON WONG ENGINEERING
May 16, 2002
Brookfield Homes
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014-3859
Atlention: Dale Gleed
SUBJECT: OTAY RANCH VILLAGE 11 PEDESTRIAN BRIDGE PLANNING STUDY
Dear Mr. Gleed:
Simon Wong Engineering is pleased to provide the Draft Otay Ranch Village 11 Pedestrian
Bridge Planning Study, for your review and comment.
Included in the study are recommended design features, cost estimates, elevation and plan
views for the following structures:
. Hunte Parkway POC
. EasUake Parkway POC
Cost estimates for the approach trails and grading of embankment slopes were not included in
this report.
If we can be of further assistance, please call.
JJ~)11
Andrew N. Sanford, P.E.
Simon Wong Engineering
Attachments
U:lA!1dyIPlanning Study~etter1.doc
9968 Hibert Street, Suite 202 . San Diego, CA 92131 . (858) 566-3113. FAX (858) 568-6844
13-29
OTAY RANCH VILLAGE 11 PLANNING STUDY
EXECUllVE SUMMARY
Two bridges are proposed for Otay Ranch Village 11. In order to define the bridge
configuration, material types, architectural features, and approximate costs, Simon
Wong Engineering has prepared this Planning Study. The results are summarized
below:
Bridge Geometry
The two bridges are on a tangent alignment, O. skew, with Hunte Par1<way, and Eastlake
Par1<way. Each bridge is assumed to be 12' wide with a 10' clear walkway, with the
anticipated bridge lengths as follows:
. Hunte Parkway POC - 556' long
· Eastlake Parkway POC - 295' long
Structure Type and Estimat8s
The architectural theme for Otay Ranch Village 11 is based upon the designs of Irvin
Gill. To closely resemble this style and to match existing structures, currently located
within the Otay Ranch Community, Cast-in-Place Reinforced Concrete was se/ected as
the building material for both. structures.
The total project cost for both bridges is as follows:
Bridge Hunte Eastlake
Parkway Parkway
Bridge Construction Estimate $1,515,000 $892 000
Construction Total: $1.515.000 $892 000
Add-on Costs $150,000 $150 000
Average cost car lineal foot bridQe ($/LF) $ 2,995 $ 3 532
Design Features
A number of design features were inclUded in the costs noted above. These features are
intended to resemble the architectUral style oflrvin Gill.
. Haunched girders in each span
· RectangUlar columns with arched opening at each bent
. Flat exterior face of bridge without overhangs
. Column capitals at each bent
~~.=: /VV\
Page I
13-30
OTA Y RANCH VILLAGE II PLANNING STUDY
A. INTRODUCTION
Simon Wong Engineering is pleased to present this Planning Study for the Otay Ranch
Village 11 Pedestrian Overcrossings. Our scope of worX for this phase of the project
includes a study of possible bridge material types, span arrangements, and a1temative
aesthetic features. Based upon comments from Dale Gleed of Brookfield homes,
selected features have been included in this study.
There are two Pedestrian Overcrossings (POC) proposed for the Otay Ranch Village 11:
. Hunte Parkway POC
. EasUake Parkway POC
. For this study, both the Hunte Parkway POC and Eastlake Parkway POC
superslnJdures are comprised of two haunched exterior girders supporting the walkway
between them.
The Hunte Parkway POC crosses Hunte Parkway, a Prime Arterial I Ranch Theme
street, to provide access to the Salt Creek Open Space Preserve and University site.
The bridge is aligned with one of the Village 11 pathways that provide pedestrian access
throughout the Otay Ranch Community, with an approximate length of 556'. The
Eastlake Parkway POC is located approximately 350' north of the intersection with
Hunte Parkway, and has a total length of approximately 295'. It crosses Eastlake
Parkway, a Prime Arterial I Ranch Theme street, providing access to Village 12 located
to the east.
B. Bridge Geometry
The bridge layouts are based on information provided by Hunsaker & Associates, with
P&D Consultants providing assumed characteristics of Village12located to the east.
Both bridges are assumed to be on tangent alignments and cross the roadways at a 90.
angle (00 skew). It is anticipated that the Hunte Parkway strudure will have a long
pathway leading to the strudure on the north, but will require a ramping portion on the
south due to UACeItainties in the future grading of the University Site. Thei:astlake
Parkway strudure is anticipated to have long pathways leading up to the strudure on
both sides of the bridge.
Due to the preliminary nature of the project grading plans, the bridge locations and
lengths are approximate. Assumptions have been made for the grading, which may
result in an overestimation of the bridge lengths and project costs. Adjustments to the
grading on the south side of Hunte Parkway that would provide an embankment slope
would shorten the bridge considerably. The construction of fill embankments, where
space is available, is usually less expensive than the building of a bridge strudure.
The horizontal clearance at each bridge was based on requirements found in the
Caltrans Hiohwav Desion Manual and the Caltrans Bridoe Desion Aids Manual. Columns
adjacent to the roadway shoulders and within the median will require Metal Beam Guard
Railing (MBGR) or equivalent protection for the traveling public. In order to resemble the
Irving Gill style, columns are proposed adjacent to the outside shoulders and within the
16' median for both bridges, (see Diagram 1). ~-;;.::: /VV\
Page 2
13-31
OTA Y RANCH VD..LAGE 11 PLANNING STUDY
.r
-JC =-= fIr =- r
TI II u u -,,- UU
KlOTZ _"~J .toT.
Diagram 1
The vertical clearance at each bridge was also based on requirements found in the
Caltrans Hiahwav Desion Manual and the CaRrans Bridoe Desion Aids Manual. The
standard minimum vertical clearance from the traveled way below a freeway or
expressway is 16'.0'. Wrth an assumed posted speed of 45 MPH, Hunte Parkway and
ESSUake Parkway should both be considered expressways. For pedestrian
, overcrosslngs, the standard of practice is to add 2' to the minimum required height for a
total vertical clearance in this case of 18'.0' (See Diagram 1). The additional vertical
clearance is justified by the higher probabifrty of significant structural damage to the
bridge in the event of an impact with an oversized vehicle. Both the bridges will meet or
exceed this minimum clearance.
The bridge profile grades define the elevation change along the length of the structure
and provide for drainage of the walkway surface. The maximum acceptable slope of the
walkway surface is 8.33% (or l' in 12') with landings provided for every 30" change in
elevation. In addiion, a handrail for use by the disabled must be provided where the
slope is greater than 5%. For EasUake Parkway, the assumed grading plans do not
require a change in elevation to meet the ~ clearance over the roadway, and
therefore can be designed with relatively flat profiles. In order to minimize the
8ITI,Rankment heiglJ!s and topl'D'lKle for c1ll!inage of th~ waJJ!;wl;1y surfa,<;e, th~ prqpQSe(l
prolile grade includes a maximum of 2Yz% slope on either side of the main bridge span
and a parabolic curve transition between. At Hunte Parkway, a ramp system is proposed
for the south side of the structure with a maximum grade of a.333% with intennediate
landings to accommodate access 10 the structure.
Detennination of the walkway width for a pedestrian overcrossing requires a site-specilic
analysis. The width is not mandated by code except as required for disabled
accessibility. However, the standard of practice is to provide a minimum clear width of a'
for all overcrossing structures. CurrenUy the structure located across La Media Road has
a clear walkway width of 15'. Other Planning Studies have been completed that identify
10' clear walkways for structures that cross Olympic Parkway and La Media Road. For
the two bridges induded in this planning study, cost estimates are provided for 10' dear
walkway widths for both Hunte Parkway and EastIake Parkway.
=-= IVV\
Page 3
13-32
OTA Y RANCH VILLAGE II PLANNING STIIDY
In summary for the two structures, the following assumptions were made:
. Tangent alignment with 0" skew
. Columns located adjacent to the roadway and in the 16' median
. Minimum 18'-6" vertical clearance
. Maximum 2~% profie grade without landings (Eastlake Parkway POC)
. Maximum 8.333% profile grade with Landings (Hunte Parkway POC)
. Walkway widths of 10'.0"
C. Superstructure Type
The most important type selection decision for a bridge project is the superstructure
material type and configuration. It is also the decision that will define the character of the
bridge. There are many possible material types and construction methods available for
this project. The following table lists some of the options:
PEDESTRIAN OVERCROSSING STRUCTURE TYPES
TYPE COST COMMENTS
SlSF
Concrete 70-140 Details and form work simplest of any type. Best
Slab for short soans less than 50' for POCS.
Concrete 80-140 More complicated form work but economical for
T -Beam SDanS of SO' - 80' for poes.
Concrete 90-165 Best suited for spans of 50' - 120'. Clean lines
Box Girder and good appearance. Usually more economical
than steel or Drecast concrete girders.
Post- 100-180 Similar to non-post-tensionecl option but can be
Tension used for spans up to 600'.
Box Girder
Precast 110-190 Good for areas where faIsework is diflicult to
I-Girders place for widenings with low vertical clearance.
Soan ran"" from SO' -120'.
Steel 120-220 Similar to precast I-Girders for use, but initial cost
Girder . ... "if;,J:\iahfltJlM . _ .. ..
Steel 120-500 Prefabricated bridges available for POCS.
Truss Optional self-weathering finish has "rural"
appearance and does not require periodic
oaintino. Falsework not l'I!lOuiled for installation.
Timber 120-S00 G1u-lam members allow for longer span and
Truss economical structures. Can achieve "rural" look.
Based on previous comments by Brookfield Homes, to resemble the architectural style
of Irvin Gill, the selected superstructure type for Hunte Parkway poe and Eastlake
Parkway poe is cast-in-place reinforced concrete with haunched exterior girders
supporting the pathway above. At the supports each structure is supported on mulli-
column bents with an arched opening between them.
~-=.:: IVV\
Page 4
13-33
OTAY RANCH VILLAGE 11 PLANNING STUDY
The superstructure configuration for Hunte Parftway and ~"""lake P8Iltway match the
architectural styling of Irving Gill. GiU's use of simple fonns, arches, colonnades, and
smcoth finishes are included in these structures. Existing pedeslria1, structures located
within the Vdlages of Otay Ranch utilize stained concrete on the superstructure and
stone fac;:ade at the abutments and columns. These features are not present in the
Hunte Par1twayand Eas1Iake Parkway structures. However the common use of arches,
rectangular columns, and reinforced conaete will tie the structures together visually.
The concrete bridge type is typically the lowest in initial cost, has a design life span of
CNer 75 years, and has relatively low maintenance costs. Concrete can be colored or
stained to achieve a weathered look or to meet other aesthetic goals. Architectural
treatment can also be added to the vertical faces. The walkway sulface for the two
structures is a concrete deck. Examples eX concrete pedestrian overcrossings are shown
in Figures 1, 2, and 3.
La Media Road roc
~~..:: IVV\
Page 5
13-34
OTAY RANCH VILLAGE 11 PLANNING STUDY
Cost estimates for the bridges are as foRows:
OTAY RANCH PEDESTRIAN OVERCROSSING
BRIDGE PLANNING STUDY
Bridge Hunte Eastlake
Parttwav Parttway
Bridge Construction Estimate $1,515,000 $892,000
Construction Total: $1615000 $ 892,000
Add-on Costs $150 000 $150000
Average cost oer lineal foot bridge ($ILF) $2995 $3532
Individual General Plan Estimates are induded in Appendix A and indude a 25%
contingency. Costs for the approach trails have not been induded in the cost estimate,
but bridge railing, and bridge lighting has. The add-on costs have been estimated at
approximately $150,000 each and include bridge design, construction engineering, and
inspection. The actual add-on costs will be based on the final bridge type selection and
an approved consullanfs cost proposal. Agency review and permit fees are not induded
in the cost estimates.
Afthough shallow spread footings Were used for La Media Road POC, deep foundations
are assumed for all options in Village 11. Further retinement of the foundation system
estimate will proceed after detailed field investigations of the subsurface conditions are
completed. The foundations make up approximately 20% of the total bridge construction
cost.
D. Column Type
The selected column type for both bridges is a multi-column bent with rectangular
columns and arched opening between the columns. This simulates the colonnades of
Irvin Gill and creates an openness to the structures.
E. Bridge Railing and Lighting
The general requirements for the bridge handrailing are based on the Caltrans Highway
Design Manual and Bridge Design Aids Manual. Railings are necnllary to prevent
pedestrians and bicyclists from accidentally falling from the structure.
In the case of overcrossings, protective railing is necessary to prevent objects from
being thrown, dropped or discharged onto the roadway below. While it is not possible to
completely eliminate this serious problem, instal6ng a protective mesh on the portions of
the bridge over the roadway can significanUy reduce the risk. A vinyl coated wire mesh
with l' maximum size openings and an overall height of approximately 8' has been
adopted by Callrans as the standard for this situation. Wire mesh alternatives indude
vinyl coated steel chain-link and vinyl coated crimped wire mesh.
:::.:: ,'^^
Page 6
13-35
OTAY RANCH VlLLAGE 11 PLANNING STUDY
The minimum railing height assumed for these two structures is as follows:
· For bicycle and pedestrian railings: 4'-6'
· Over roadways: S' -e' with protective screening
The selected bridge railing is similar to that on the existing structure over La Media
Road. This metal railing will may be colored to match existing railing found throughout
the Otay Ranch Villages.
The bridge lighting options are anticipated to be similar to those on La Media Road and
include walkway lighting along the approach trails and on the bridge.
Walkway lights are similar to streetlights but on a reduced scale. Final decision of the
style and location of the lighting will take place during the design of the bridge.
Maintenance of the lights, consisting of replacing light bulbs, will require the use of a
ladder for the walkway lights on the approach trails and bridge.
Bridge walkway surface lighting costs are generally between $75 - $170 per linear foot of
bridge, with a project total of approximately $130,000 for the bridge portion of this
project.
:::'.::::: /VV\
Page 7
13-36
OTAY RANCH VILLAGE 11 PLANNING STUDY
APPENDIX A
PLANNING STUDY ESTIMATES
13-37
OTAY RANCH VILLAGE 11 PLANNING STUDY
OTAY RANCH VILLAGE 11 PEDESTRIAN OVERCROSSING
PLANNING STUDY
Bridge Hunte Eastlake
Parkway Parkway
Bridge Construction Estimate $1,515,000 $892,000
Construction Total: $1,515,000 $892,000
Add-on Costs $150,000 $150,000
Averaae cost oer lineal foot bridcle ($/LFl $2,995 $3,532
Total Proiect: $1,665,000 $1,042,000
Individual General Plan Estimates are included in Appendix A and include a 25%
contingency. The add-on costs have been estimated at approximately $150,000
for each bridge, and include bridge design, construction engineering, and
inspection. The actual add-on costs will be based on the final bridge type
selection and an approved consultant's cost proposal. Agency review and permit
fees are not included in the cost estimates.
13-38
PLANNING STUDY ESTIMATE (BRIDGE ITEMS)
ENGINEER: A. SANfORD COMPANY:
REVIEWED BY; OATE:
STRUCTURE: HUNTE PARKWA.Y PEDESTRAlN OYERCROSSING
SIMON WONG ENGINEERING
5/16/02
LENGTH:
556'.(1"
WIDTH:
12'.0"
Of:CK AREA (SF) :
6672
ITEM NO. CONTRACT ITEMS UNIT QUANTITY PRICE AMOUNT
I STRUCTURE EXCAVATION (BRIDGE) CY 468 $55.00 $25.740.00
2 STRUCTURE BACKFILL (BRIDGE) CY 284 $45.00 $12.780.00
3 STRUCTURE EXCAVATION (RET WAll) CY 89 $40.00 $3.560.00
4 STRUCTURE BACKFILL (RET WALL) CY 274 $45.00 $12.330.00
5 STRUCTURAL CONCRETE. BRIDGE CY 771 $6SO.00 $501.ISO.OO
6 STRUCTURAL CONCRETE. BRIDGE FOOTING CY 141 $400.00 $56.400.00
7 STRUCTURAL CONCRETE, RET WAll cY SO $350.00 $17.soo.00
8 BAR REINFORCING STEEL (BRIDGE) LB 174,050 $0.65 $113.132.50
9 BAR REINFORCING STEEL (REf WALL) LS 2.666 $0.65 $1.732.90
10 METAL BRIDGE RA.IUNG (4'-6'1 LF 862 $70.00 $60.340.00
II METAL BRIDGt: RAILING (8'.()j LF 250 $165.00 $41.250.00
12 JOINT SEALS LF .' 2. $SO.OO $1.200.00
13 PILES ORIVE (ClASS 70C) EA 62 $2.000.00 $124.000.00
14 PILES FURNISH (CLASS 70C) LF 1860 $20.00 $37.200.00
15 BRIDGE UGHTING LS 1 $85.000.00 $85.000.00
16 MINOR CONRETE(RAMPS) LS 1 $8.000.00 $8.000.00
SUBTOTAL $1.101,315.40
MOBILIZATION (10%) $110.131.54
SUBTOTAL $1.211._.94
CONTINGENCIES (25%) $302.861.74
TOTAL $1.514,308.68
FOR BUDGET PURPOSE USE $1.515.000.00
so FT COST
$
181.57
COIIIIENIS:
PIe faundIIIonI....,. will depCh of pI_ and runber r:1I plea estirratod. ActuaII bn:SaIIon wi! be determined tbfng design
onco__...-.__.
IncIudII any ... ren. 01 work end concrete tor f8mp tyStem. SIte grading, Bridge embankmenI: c::onstrudIon and rnet8f barn guardnIII not Included In IhII ........
"-":
CY -cubic Y8rdI
EA. ....
L8._
LF-U--Feet
13-39
PLANNING STUDY ESTIMATE
ENGINEER:
REVIEWED BY:
STRUCTURE:
A.SANFORD
COMPANY:
SIMON WONG ENGINEERING
5/13/02
DATE:
EASTlAKE PARKWAY PEDESTRIAN OVER CROSSING
lENGTH:
295'.0"
WIDTH:
12'.0'
DECK AREA (SF) :
3540
ITEM NO. CONTRACT ITEMS UNIT QUANTITY PRICE AMOUNT
1 STRUCTURE EXCAVATION (BRIDGE) CY 295 $55.00 $16.225.00
2 STRUCTURE BACKFILL (BRIDGE) CY 190 $45.00 $8.550.00
3 STRUCTURAL CONCRETE. BRIDGE CY 460 $650.00 $299.000.00
4 STRUCTURAL CONCRETE. BRIDGE FOOTING CY 65 $400.00 $26.000.00
5 BAR REINFORCING STEEL (BRIDGE) LB 96.500 $0.75 $72,375.00
6 METAL BRIDGE RAILING 4'.6" LF 330 $100.00 $33,000.00
7 METAL BRIDGE RAILING 8'-0" lF 260 $165.00 $42.900.00
8 JOINT SEALS lF 24 $50.00 $1.200.00
11 PilES DRIVE (ClASS 7OC) EA 40 $2.000.00 $80.000.00
12 PilES FURNISH (ClASS 7OC) lF 1200 $20.00 $24,000.00
13 BRIDGE LIGHTING LS 1 $45,000.00 $45,000.00
SUBTOTAL $648.250.00
MOBILIZATION (10%) $64.825.00
SUBTOTAL $713,075.00
CONTINGENCIES (25%) $178,268.75
TOTAL $891.343.75
FOR BUDGET PURPOSE USE $892.000.00
SQ FT COST
$
201.43
~:
PIle leundations .....me wIIIl depth or piles and number of piles astImated. Actual foundation will be _ during design
once Soils Rapcrt haa bean pmvlded.
1_ only bridge _ ofWOfk. SlIo grading. Bridge embankment oono_ and metal beam guardlai not Induded In 1hIa...-.
legel1d:
CY -<:ubIcVards
EA - Ead1
LB - Pounds
LF - Unear Feet
13-40
OTAY RANCH VILLAGE 11 PLANNING STUDY
APPENDIX B
CONCEPTUAL BRIDGE ELEVATIONS
13-41
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ORDINANCE NO. ~
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA EST.',BLlSHlNC
AMENDING ORDINANCE NO. 2898 RELATING TO
THEA PEDESTRIAN BRIDGE DEVELOPMENT
IMPACT FEE PROGRAM FOR OTAY RANCH
VILLAGE 11 :\,,"'ID THE ARE!, OF BENEFIT
WHEREAS, the City's General Plan Land Use and Public Facilities Elements require
that adequate public facilities be available to accommodate increased population created
by new development; and
WHEREAS, the City Council has determined that new development within certain
areas within the City of Chula Vista as identified in this ordinance, will create adverse
impacts on certain existing public facilities which must be mitigated by the fmancing and
construction of those facilities identified in this ordinance; and
WHEREAS, developers of land within the City are required to mitigate the burden
created by their development by constructing or improving those facilities needed to
provide service to their respective developments or by the payment of a fee to finance
their portion of the total cost of such facilities; and
WHEREAS, development within the City contributes to the cumulative burden on
pedestrian facilities in direct relationship to the amount of population generated by the
development or the gross acreage of the commercial or industrial land in the
development; and
WHEREAS, the goal of the Otay Ranch General Development Plan (GDP) is to
organize land uses based upon a village concept to produce a cohesive, pedestrian
friendly community, encourage non vehicular trips and foster interaction amongst
residents; and
WHEREAS, a component of the Otay Ranch circulation system is a comprehensive
trail system to provide for non-vehicular alternative modes oftransportation; and
WHEREAS, the Otay Ranch GDP requires a non-auto circulation system, such as
pedestrian walkways and bike paths, shall be provided between villages. And, where
appropriate and feasible grade separated arterial crossings should be provided to
encourage pedestrian activity between villages; and
WHEREAS. the Citv Council adopted the Pedestrian Bridge Development Impact
Fee (DIF) Program for Otav R,mch Village 11 bv Ordinance No. 2898 in order to pav for
13-44
Ordinance No.;l8-98
Page 2
pedestrian bridge tacilities that will serve Otav Ranch Village 11; and
WHEREAS; the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan
also identifies two potential pedestrian bridges in Village II that are currentlv partiallv
funded bv the Pedestrian Bridge DIF Progran1; and
WHEREAS, the Conditions of Approval for Otay Ranch Village II tentative maps
require that a funding mechanism be established to pay for Village 11 bridges; and
WHEREAS, pedestrian facilities have been built, or are proposed, that will connect
Village 11 trail system to the planned pedestrian trail system in Village 10 (University
Village), and to the pedestrian trail system within Planning Area 12 (Freeway
Commercial/Easter Urban Center) including a continuous village pathway and cart path
system. The pedestrian facilities cross major streets and their use would be encouraged
and facilitated by the provision of over-crossings of these major streets; and
WHEREAS, land within Village II will benefit from the installation of these bridges
primarily due to: (i) its location and proximity to the bridge, and (ii) its ease of access to
the bridge based on the trail configuration; and
WHEREAS, the completion of the pedestrian bridges in Village 11 will complete the
linkage of the pedestrian facilities in Village II, serving to enhance overall pedestrian
access in and among the nearby Villages and would be facilitated by including the
funding for the construction of the bridges required by the Village II tentative maps in
current Impact Fee program by: I) establishing the per unit fees payable at issuance of a
building permit; 2) identifying the facilities to be financed by the Impact Fee; and 3)
establishing the territory to which the Impact Fee is applicable to include Village II; and
WHEREAS. the original Pedestrian Bridge DlF Program for Otav Ranch Village II
used the persons per dwelling unit rates estabIished in Section 17.10.040 of the Chula
Vista Municipal Code tor the various residential land use categories in deriving the
Equivalent Dwelling Unit ratio upon which the Impact Fee is based; and
WHEREAS, the person per dwelling unit rates for Parkland Dedication in Sec.
17.10.040 were modified by Ordinance No. 2886. The rates for single family went from
3.22 persons per unit to 3.52 persons per unit and the multiple-family rates went from
2.21 persons per dwelling units to 2.61 persons per unit. The attached, cluster housing or
planned unit development and the duplex categories were deleted from Sec. 17.10.040;
and
WHEREAS, Otay Ranch, Village 11 is that area of land within the City of Chula
Vista surrounded by Olympic Parkway, Hume Parkway, Eastlake Parkway, Birch Road,
and State Route 125. This area is shown on the map marked Exhibit "I," and included as
an attachment to the City of Chula Vista Pedestrian Bridge Development Impact Fee
13-45
Ordinance N o. ~
Page 3
Report for Otay Ranch Village 11, dated Febmary 1, 2003, and the updated Pedestrian
Bridge Development Impact Fee Report for Otav Ranch ViIlage I L dated Mav 26. 2005
on file in the Office of the City Engineer; and
WHEREAS, City Engineering Staff has approved the City of Chula Vista Pedestrian
Bridge Development Impact Fee Report for Otay Ranch Village 11, dated February 1,
2003 and the updated Pedestrian Bridge Development Impact Fee Report for Otav Ranch
Village 11. dated Mav 26. 2005 ("Report"); and
WHEREAS, said report, recommends pedestrian over-crossing facilities needed for
pedestrian access, and establishe,; the adiustment of the Pedestrian Bridge DIF a--tee
payable by persons obtaining building permits for developinents within Otay Ranch
Village 11 benefiting from the construction of these facilities; and
WHEREAS, there are two Pedestrian Over Crossings (PaC) proposed for the Otay
Ranch Village 11: Hunte Parkway pac and Eastlake Parkway pac. The Hunte Parkway
POC crosses Hunte Parkway, a Prime ArteriallRanch Theme street, to provide access to
University site. The bridge is aligned with one of the Village 11 pathways that provide
pedestrian access throughout the Otay Ranch Community, with an approximate length of
556 feet. The Eastlake Parkway pac is located approximately 350' north of the
intersection with Hunte Parkway, and has a total length of approximately 295'. It crosses
Eastlake Parkway, a Prime ArteriallRanch Theme street, providing access to Planning
Area 12 located to the east; and
WHEREAS, a series of meetings have been held with the owner and developer of
properties located within Otay Ranch Village 11 to discuss the report and City staff
recommendations establishiFlg adiusting the Otay Ranch Village 11 Pedestrian Bridge
Development Impact Fee; and
WHEREAS, the City Council determined, based upon the evidence presented at the
Public Hearing, including, but not limited to, the report and other information received by
the City Council in the course of its business, that imposition and adiustment of the
Impact Fee on all developments within Otay Ranch Village 11 in the City of Chula Vista
is necessary in order to protect the public safety and welfare and to ensure effective
implementation of the City's General Plan; and
WHEREAS, the City Council has determined that the amount of the Impact Fee
levied by this ordinance does not exceed the estimated cost of providing the public
facilities identified by the report.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1. Environmental Review
13-46
Ordinance No. ~
Page 4
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378 of the State
CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Although environmental review is not
necessary at this time, environmental review will be required prior to the approval of
final design plans and the awarding of construction contracts for facilities funded through
Pedestrian Bridge Development Impact Fee.
SECTION 2. Acceptance of Report
The City Council has reviewed the proposed Pedestrian Bridge Development Impact
Fee Report for Olay Ranch Village 11. dated February I, 2003May 26. 2005, and has
accepted the same, by Resolution No.2003 0522005-XXX, in the form on file in the
Office of the City Clerk.
SECTION 3. Facilities
The facilities to be financed by the Impact Fee are fully described in the Pedestrian
Bridge Development Impact Fee Report for Otav Ranch Village 11 (the "Report") and
incorporated herein by this reference, ("Facilities"), all of which Facilities may be
modified by the City Council from time to time by resolution. The locations at which the
Facilities will be constructed are shown on Exhibit" I" of the approved Report. The City
Council may modify or amend the list of projects herein considered to be part of the
Facilities by written resolution in order to maintain compliance with the City's Capital
Improvement Program or to reflect changes in land development and estimated and actual
pedestrian generation.
SECTION 4. Territory to Which Fee Is Applicable
The area of the City of Chula Vista to which the Impact Fee herein established shall
be applicable is set forth on Exhibit "2" of the Report and is generally described herein as
the "Territory."
SECTION 5. Purpose
The purpose of this ordinance is to establish the Impact Fee in order to provide the
necessary financing to construct the Facilities within the areas shown in Exhibit "1" of
the Report, in accordance with the City's General Plan.
SECTION 6. Establishment of Fee
The Impact Fee, to be based on a per Equivalent Dwelling Unit ("EDU") basis, and
payable prior to the issuance of building permits for residential development projects
13-47
Ordinance No. U98
Page 5
within the Territory, is hereby established to pay for the Facilities.
SECTION 7. Due on Issuance of Building Permit
The Impact Fee shall be paid in cash upon the issuance of a residential building
permit. Early payment is not permitted. No building permit shall be issued for residential
development projects subject to this ordinance unless the developer has paid the Impact
Fee imposed by this ordinance.
SECTION 8. Determination of Equivalent Dwelling Units
Residential land uses shall be converted to Equivalent Dwelling Units for the
purpose of this fee based on the following table:
Fee by Land Use
Land Use
Single Family ("SFD")
Multi Family ("MF")
Peoole oer household
3.52
2.61
EDU's
1
0.74
"Single family" shall mean a residential unit within a subdivision, planning area or
neighborhood with a net density of 8 units per acre or less as shown on the approved
tentative map for said subdivision, planning area or neighborhood.
"Multi-Family" shall mean a residential unit within a subdivision, planning area or
neighborhood with a net density of greater than 8 units per acre as shown on the approved
tentative map for said subdivision, planning area or neighborhood.
SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited
The Impact Fee for each development shall be calculated at the time of building
permit issuance and shall be the amount as indicated at that time and not when the
tentative map or final map was granted or applied for, or when the building permit plan
check was conducted, or when application was made for the building permit.
SECTION 10. Purpose and Use of Fee
The purpose of the Impact Fee is to pay for the planning, design, construction andlor
financing (including the cost of interest and other financing costs as appropriate) of the
Facilities, or reimbursement to the City or, at the discretion of the City if approved in
advance in writing, to other third parties for advancing costs actually incurred for
planning, designing, constructing, or financing the Facilities. Any use of the Impact Fee
shall receive the advance consent of the City Council and be used in a manner consistent
13-48
Ordinance No. ~
Page 6
with the purpose of the Impact Fee.
SECTION 11. Amount of Fee; Establishing Master Fee Schedule
The initial Impact Fee shall be calculated at the rate of$&;Y-1.808 per Single Family
Dwelling Unit (SFD) and $6+4-- 1.341 per Multiple Family Dwelling Unit (MF). Chapter
XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section E, which
shall read as follows:
"E." Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee.
This section is intended to memorialize the key provisions of Ordinance No.
XXXX that amended Ordinance No. 2898, but said ordinance governs over the
provisions of the Master Fee Schedule. For example, in the event of a conflict in
interpretation between the Master Fee Schedule and the ordinance, or in the event that
there are additional rules applicable to the imposition of the Impact Fee, the language of
the ordinance governs.
a. Territory to which Fee Applicable
The area of the City of Chula Vista to which the Impact Fee herein
established shall be applicable is set forth in Exhibit "2" of the City of Chula
Vista Pedestrian Bridge Development Impact Fee Report for Otav Ranch Village
lL dated February L 2003Mav 26. 2005, and is generally described as the area
surrounded by Olympic Parkway, Hunte Parkway and Eastlake Parkway.
b. Rate per Residential Land Use and Fee
The Impact Fee shall be calculated at the rate of $8;l.7-1.808 per EDU and
translated into a fee per land use based on the people per household factor given
below, which rate shalll3e adjuGted thJll1 time to time by the City CElllBcil.
Residential Land Use
EDU's
Fee
Single Familv (SFD)
I
$m1.808
Multi Familv (MF)
0.74
$(H.41.341
The amount of the fee shall be adiusted. starting on October I. 2006. and on each
October 1 st thereafter. based on the one-vear change (from Julv to Julv) in the Los
Angeles Construction Cost Index (ENR-CCD as published in the Engineering-
News Record Magazine. Adiustments to the above fees based upon the ENR-CCI
shall be automatic and shall not require further action of the Citv Council. The
reasons for which adiustments mav be made include. but are not limited to. the
following: changes in the type. size. location or cost of the Facilities to be
financed by the Impact Fee: changes in land LIse in the City's General Plan: other
13-49
Ordinance No. ~
Page 7
sound engineering, financing and planning inforn1ation. Adiustments to the above
Impact Fee mav be made bv resolution amending Ordinance No. 2898.
c. When Payable
The Impact Fee shall be paid in cash not later than immediately prior to the
issuance of a building permit.
The City Council shall rc';iew the runoUlH-ef-the In:pact Fee lHlIlHally or from
time to timc. The City COl:Rcil may, at ~:ucll re'.:ews, adjust the atRouffi of this
Impact Fcc as ReCeSSlli"Y to aSSlH'e cOllstructioR and operation of tile Facilities. Tile
reasons for which adjllstmerlts n:ay se macle include, but are aot limited to, the
following: cflanges il'l tile costs of tl18 Faoilities as may se reflected sy suell iade"
as the Council dee:ns appropriate, such as tile Eagineerillg News .Record
Comtructioa Cost lade" (ENR CCI); changes ia fr.e type, size. locatioll ar east ef
the Facilities to be finar.ced by the Impact Fee; ellanges in land une in the City's
General PIL,a; other sound engiaeering, finarwiag and plar.ning infarmatiaa.
t.djustments to the aSOY8 In:pact Fcc may be made by resolution ameadiag the
Ma:;ter Fee Schedule.
SECTION 12. Authority for Accounting and Expenditures
The proceeds collected from the imposition of the Impact Fee shall be deposited into
a public facility financing fund ("Otay Ranch Village I I Pedestrian Bridge Development
Impact Fee Fund", or alternatively herein "Fund") which is hereby created and shall be
expended only for the purposes set forth in this ordinance, the Director of Finance is
authorized to establish various accounts within the Fund for the Facilities identified in
this ordinance and to periodically make expenditures from the Fund for the purposes set
forth herein in accordance with the facilities phasing plan or capital improvement plan
adopted by the City Council.
SECTION 13. Findings
The City Council hereby finds the following:
A. The establishment of the Impact Fee is necessary to protect the public safety
and welfare and to ensure the effective implementation of the City's General
Plan.
B. The Impact Fee is necessary to ensure that funds will be available for the
construction of the Facilities concurrent with the need for these Facilities and
to ensure certainty in the capital facilities budgeting for growth impacted
public facilities.
13-50
Ordinance No. ~
Page 8
C. The amount of the fee levied by this ordinance does not exceed the estimated
cost of providing the Facilities for which the fee is collected.
D. New development projects within the territory will generate a significant
amount of pedestrian traffic that current pedestrian facilities cannot service,
therefore construction of the Facilities will be needed to service new
development projects.
SECTION 14. Impact Fee Additional to other Fees and Charges
The Impact Fee established by this section is in addition to the requirements imposed
by other City laws, policies or regulations relating to the construction or the fmancing of
the construction of public improvements within subdivisions or developments.
SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender
Reimbursement Offer
Whenever a developer is required as a condition of approval of a development permit
to construct or cause the construction of the Facilities or a portion thereof, the City may
require the developer to install the Facilities according to design specifications approved
by the City and in the size or capacity necessary to accommodate estimated pedestrian
traffic as indicated in the Report and subsequent amendments. If such a requirement is
imposed, the City shall offer, at the City's option, to reimburse the developer from the
Fund either in cash or over time as Fees are collected, or give a credit against the Impact
Fee levied by this ordinance or some combination thereof, in the amount of the costs
incurred by the developer that exceeds their contribution to such Facilities as required by
this ordinance, for the design and construction of the Facility not to exceed the estimated
cost of that particular Facility as included in the calculation and updating of the Impact
Fee. The City may update the Impact Fee calculation, as City deems appropriate prior to
making such offer. This duty to offer to give credit or reimbursement shall be
independent of the developer's obligation to pay the Impact Fee.
SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to
Tender Reimbursement Offer
If a developer is willing and agrees in writing to design and construct a portion of the
Facilities in conjunction with the prosecution of a development project within the
Territory, the City may, as part of a written agreement, reimburse the developer from the
Fund either in cash or over time as Fees are collected, or give a credit against the Impact
Fee levied by this ordinance or some combination thereof, in the amount of the costs
incurred by the developer that exceeds their contribution to such Facilities as required by
this ordinance, for the design and construction of the Facility not to exceed the estimated
cost of that particular Facility as included in the calculation and updating of the Impact
Fee and in an amount agreed to in advance of their expenditure in writing by the City.
13-51
Ordinance No. 2S98
Page 9
The City may update the Impact Fee calculation, as City deems appropriate prior to
making such offer. This duty to extend credits or offer reimbursement shall be
independent of the developer's obligation to pay the Impact Fee.
SECTION 17. Procedure for Entitlement to Reimbursement Offer
The City's duty to extend a reimbursement offer to a developer pursuant to Section
15 or 16 above shall be conditioned on the developer complying with the terms and
conditions of this section:
a. Written authorization shall be requested by the developer from the City and
issued by the City Council by written resolution before developer may incur
any costs eligible for reimbursement relating to the construction of the
Facilities, excluding any work attributable to a specific subdivision project.
b. The request for authorization shall contain the following information, and the
City may from time to time request such other information as:
(I) Detailed descriptions of the work to be conducted by the developer with
the preliminary cost estimate.
c. If the Council grants authorization, it shall be by written agreement with the
Developer, and on the following conditions among such other conditions as
the Council may from time to time impose:
(I) Developer shall prepare all plans and specifications and submit same to
the City for approval;
(2) Developer shall secure and dedicate any right-of-way required for the
improvement work;
(3) Developer shall secure all required permits and environmental clearances
necessary for construction of the improvements;
(4) Developer shall provide performance bonds in a form and amount, and
with a surety satisfactory to the City;
(5) Developer shall pay all City fees and costs.
(6) The City shall be held harmless and indemnified, and upon demand by the
City, defended by the developer for any of the costs and liabilities
associated with the improvements.
13-52
Ordinance N o. ~
Page 10
(7) The developer shall advance all necessary funds for the improvements,
including design and construction. The City will not be responsible for any
of the costs of constructing the facilities.
(8) The developer shall secure at least three (3) qualified bids for work to be
done. The construction contract shall be granted to the lowest qualified
bidder. Any claims for additional payment for extra work or charges
during construction shall be justified and shall be documented to the
satisfaction of the DireetorCitv Engineer ofPHblie Works.
(9) The developer shall provide a detailed cost estimate, which itemizes those
costs of the construction attributable to the improvements. Soils
Engineering shall be limited to 7.5 percent of the project cost, Civil
Engineering shall be limited to 7.5 percent of the hard cost and landscape
architecture shall be limited to 2 percent of the landscaping cost. The
estimate is preliminary and subject to final determination by the
DirectorCitv Engineer of Public Works-upon completion of the Public
Facility Project.
(10) The agreement may provide that upon determination of satisfactory
incremental completion of the public facility project, as approved and
certified by the DirectorCitv Engineer of Public Works, the City may pay
the developer progress payments in an amount not to exceed 75 percent of
the estimated cost of the construction completed to the time of the
progress payment but shall provide in such case for the retention of 25
percent of such costs lilltil issuance by the City of a Notice of Completion.
(II) The agreement may provide that any funds owed to the developer
as reimbursements may be applied to the developer's obligations to pay the
impact Fee for building permits to be applied for in the future.
(12) When all work has been completed to the satisfaction of the City,
the developer shall submit verification of payments made for the
construction of the project to the City. The DirectorCitv Engineer ef
Public Works shall make the final determination on expenditures, which
are eligible for reimbursement.
(13) After fmal determination of expenditures eligible for
reimbursement has been made by the Public Works DirectorCitv
Engineer, the parties may agree to offset the developer's duty to pay
Impact Fees required by this ordinance against the City's duty to reimburse
the developer.
13-53
Ordinance No. ~
Page 11
(14) After offset, if any funds are due the developer under this section,
the City may at its option, reimburse the developer from the Fund either in
cash or over time as Fees are collected, or give a credit against the Impact
Fee levied by this ordinance or some combination thereof, in the amount
of the costs incurred by the developer that exceeds their required
contribution to such Facilities as required by this ordinance, for the design
and construction of the Facility not to exceed the estimated cost of that
particular Facility as included in the calculation and updating of the
Impact Fee and in an amount agreed to in advance of their expenditure in
writing by the City.
(15) A developer may transfer a credit against the Impact Fee to another
developer with the written approval of the DirectorCitv Engineer of Publie
Works in the Direetor's Citv Engineer's sole discretion.
SECTION 18. Procedure for Fee Modification
Any developer who, because of the nature or type of uses proposed for a
development project, contends that application of the Impact Fee imposed by this
ordinance is unconstitutional or unrelated to mitigation of the burdens of the
development, may apply to the City Council for a waiver or modification of the Impact
Fee or the manner in which it is calculated. The application shall be made in writing and
filed with the City Clerk not later than ten days after notice is given of the public hearing
on the development permit application for the project, or if no development permit is
required, at the time of the filing of the building permit application. The application shall
state in detail the factual basis for the claim of waiver or modification, and shall provide
an engineering and accounting report showing the overall impact on the Development
Impact Fees (OIF) and the ability of the City to complete construction of the Facilities by
making the modification requested by the applicant. The City Council shall make
reasonable efforts to consider the application within sixty days after its filing. The
decision of the City Council shall be final. The procedure provided by this section is
additional to any other procedure authorized by law for protection or challenging the
Impact Fee imposed by this ordinance.
SECTION 19. Fee Applicable to Public Agencies
Development projects by public agencies, including schools, shall be exempt from
the provisions of the Impact Fee.
SECTION 20. Assessment District
If any assessment, community facilities district or special taxing district is
established to design, construct and pay for any or all of the Facilities ("Work
Alternatively Financed"), the owner or developer of a project may apply to the City
13-54
Ordinance No. ~
Page 12
Council for reimbursement from the Fund or a credit in an amount equal to that portion of
the cost included in the calculation of the Impact Fee attributable to the Work
Alternatively Financed. In this regard, the amount of the reimbursement shall be based on
the costs included in the Report, as amended from time to time, and therefore, will not
include any portion of the financing costs associated with the formation of the assessment
or other special taxing district.
SECTION 21. Expiration of this Ordinance
This ordinance shall be of no further force and effect when the City Council
determines that the amount of Impact Fees which have been collected reaches an amount
equal to the cost of the Facilities.
SECTION 22. Time Limit for Judicial Action
Any judicial action or proceeding to attack, review, set aside, void or annul this
ordinance shall be brought within the time period as established by law. In accordance
with Government Code Section 66020(d)(l), the ninety-day approval period in which
parties may protest begins upon the effective date of this ordinance.
SECTION 23. Other Not Previously Defined Terms
For the purposes of this ordinance, the following words or phrases shall be construed
as defmed in this Section, unless from the context it appears that a different meaning is
intended.
(a) "Building Permit" means a permit required by and issued pursuant to
the Uniform Building Code as adopted by reference by this City.
(b) "Developer" means the owner or developer of a development.
(c) "Development Permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or
subdivision ordinance of the City.
(d) "Development Project" or "Development" means any activity
described in Section 66000 of the State Government Code.
(e) "Single Family Attached Dwelling" means a single-family dwelling
attached to another single family dwelling, with each dwelling on its
own lot.
SECTION 24. Effective Date
13-55
Ordinance No. Ul-98
Page 13
This ordinance shall become effective sixty days after its second reading and
adoption.
Presented by
Approved as to form by
Clifford Swanson Sohaib AI-Agha
EHgillecring DirectorCitv Engineer
Jolu: M. KaheH)" Ann Moore
City Attorney
J:\Engineer\lANODEV\Projects\Otay Ranch Village ll\ped bridge update\Revised Ordinance~Option l.sh.doc
Last Updated: 07/'18/2005 8:50 AM07'22..QQ9S ll:5J "J f
13-56
RESOLUTION NO. 2005-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A REPORT PREPARED BY
DEVELOPMENT PLANNING AND FINANCING GROUP
RECOMMENDING AN UPDATE TO THE PEDESTRIAN BRIDGE
DEVELOPMENT IMPACT FEE PROGRAM FOR OTAY RANCH
VILLAGE 11
WHEREAS, Brookfield Shea Otay, LLC requested Development Planning &
Financing Group to update the "City Of Chula Vista Pedestrian Bridge Development
Impact Fee Report for Otay Ranch Village II"; and,
WHEREAS, the City Council established the original Pedestrian Bridge
Development Impact Fee Program for Otay Ranch Village 11 on February 18, 2003, by
Ordinance No. 2898, which set up to fund the construction of the pedestrian bridge
facilities within Otay Ranch Village 11; and,
WHEREAS, the City Council will consider the approval of an update to the
Pedestrian Bridge Development Impact Fee Program that assures funding for the
completion of two pedestrian bridges; and,
WHEREAS, the updated "City Of Chula Vista Pedestrian Bridge Development
Impact Fee Report for Otay Ranch Village 11 ", dated May 26, 2005, proposes to adjust
of the Pedestrian Bridge Development Impact Fee (DlF) from $827 to $1,808 per
Equivalent Dwelling Unit (EDU); and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby accept a report titled: "City Of Chula Vista Pedestrian Bridge
Development Impact Fee Report for Otay Ranch Village 11", dated May 26, 2005,
prepared by Development Planning & Financing Group, a copy of which shall be kept on
file in the City Clerk's Office.
Presented by
Approved as to form by
Sohaib Al-Agha
City Engineer
J>) 1:
H:\ENGINEER\RESOS\Resos2005\8-16-05\OR VII Ped Bridge OfF Reso to Accept Report.doc
Last Updated: 08/15/2005 4:58 PM
13-57
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING ORDINANCE NO. 2898 RELATING
TO THE PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE
PROGRAM FOR OTAY RANCH VILLAGE 11
WHEREAS, the City Council on February 18, 2003 approved Ordinance No.
2898 establishing a Pedestrian Bridge Development Impact Fee ("DIF") Program for
Otay Ranch Village II and the area of benefit; and,
WHEREAS, City Engineering Staff has approved the City of Chula Vista
Pedestrian Bridge DIP Report for Otay Ranch Village 11, dated February 1, 2003 and the
updated Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 11,
dated May 26, 2005 ("Report"); and
WHEREAS, said Report, recommends the adjustment of the Pedestrian Bridge
payable by persons obtaining building permits for developments within Otay Ranch
Village 11 benefiting from the construction of these facilities; and
WHEREAS, the City Council determined, based upon the evidence presented at the
Public Hearing, including, but not limited to, the report and other information received by
the City Council in the course of its business, that imposition and adjustment of the DIP
on all developments within Otay Ranch Village 11 in the City of ChuIa Vista is necessary
in order to protect the public safety and welfare and to ensure effective implementation of
the City's General Plan; and
WHEREAS, the City Council has determined that the amount of the DIP levied by
this ordinance does not exceed the estimated cost of providing the public facilities
identified by the report.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION A. Amend Sections 2 and 11 of Ordinance No. 2898 as follows:
SECTION 2. Acceptance of Report
The City Council has reviewed the proposed Pedestrian Bridge Development
Impact Fee Report for Otay Ranch Village 11, dated May 26, 2005, and has
accepted the same, by Resolution No.2005-XXX, in the form on file in the Office
of the City Clerk.
SECTION II. Amount of Fee; Establishing Master Fee Schedule
The initial Impact Fee shall be calculated at the rate of $1,808 per Single
Family Dwelling Unit (SFD) and $1,341 per Multiple Family Dwelling Unit
(MF). Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to
add Section E, which shall read as follows:
13-58
Ordinance No.
Page 2
"E." Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee.
This section is intended to memorialize the key provisions of Ordinance
No. XXXX that amended Ordinance No. 2898, but said ordinance governs over
the provisions of the Master Fee Schedule. For example, in the event of a conflict
in interpretation between the Master Fee Schedule and the ordinance, or in the
event that there are additional rules applicable to the imposition of the Impact Fee,
the language of the ordinance governs.
a. Territory to which Fee Applicable
The area of the City of Chula Vista to which the Impact Fee herein
established shall be applicable is set forth in Exhibit "2" of the City of
Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay
Ranch Village 11, dated May 26, 2005, and is generally described as the
area surrounded by Olympic Parkway, Hunte Parkway and Eastlake
Parkway.
b. Rate per Residential Land Use and Fee
The Impact Fee shall be calculated at the rate of $1,808 per EDU and
translated into a fee per land use based on the people per household factor
given below.
Residential Land Use
(MF)
EDU's
Fee
Single Familv (SFD)
Multi Familv
1
$1,808
0.74
$1,341
The amount of the fee shall be adjusted, starting on October 1, 2006, and
on each October 1 st thereafter, based on the one-year change (from July to
July) in the Los Angeles Construction Cost Index (ENR-CCI) as published
in the Engineering-News Record Magazine. Adjustments to the above
fees based upon the ENR -CCI shall be automatic and shall not require
further action of the City Council. The reasons for which non-automatic
adjustments may be made include, but are not limited to, the following:
changes in the type, size, location or cost of the Facilities to be financed
by the Impact Fee; changes in land use in the City's General Plan; other
sound engineering, financing and planning information. Adjustments to
the above Impact Fee may be made by resolution amending Ordinance No.
2898.
13-59
Ordinance No.
Page 3
c. When Payable
The Impact Fee shall be paid in cash not later than immediately prior
to the issuance of a building permit.
SECTION B. Effective Date
This ordinance shall become effective sixty days after its second reading and
adoption.
SECTION C. Except as specifically amended by herein, all other provisions of
Ordinance No. 2898 shall remain in full force and effect.
Presented by
Approved as to form by
Sohaib AI-Agha
City Engineer
~~/fL-
oore
1 y Attorney
H:\ENGfNEER\Ordinances\Ord2005\8-16-05\OR VI1 Ped Bridge OfF Ord.doc
13-60
CITY COUNCIL AGENDA STATEMENT
Item: /LI-
Meeting Date: 8m/OS
ITEM TITLE:
PUBLIC HEARING: PSP-05-08; Consideration of the applicant's appeal of
certain conditions of approval made by the City's Design Review Committee
for a planned sign program for EastLake Design District - International Real
Estate.
SUBMITTED BY:
RESOLUTION: Approving a Planned Sign Program for the Eastlake
Design District.
Director of Planning and Buildin~ (4/5ths vote: Y es_No ~
City Manager Q
REVIEWED BY:
The applicant, International Real Estate, has submitted an appeal of certain conditions of approval
made by the City's Design Review Committee on June 6, 2005 for a Planned Sign Program for the
EastLake Design District. The overall project site which encompasses the Design District (Phase I
and II) consists of 36 acres located between the northeast corner of Otay Lakes Road and Fenton
Avenue and the terminus of Showroom Place in the EastLake Business Center. Surrounding land
uses include Hitachi and Leviton corporate headquarters to the west, vacant industrial land to the
north, and single-family residential to the east and south (see Locator Map).
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the proposed project was adequately
covered in the previously approved Mitigated Negative Declaration for the EastLake II General
development Plan (GDP) and EastLake I Sectional Planning Area (SPA) Plan Amendments (IS-00-03)
and associated Mitigation and Monitoring and Reporting Program. Thus, no further environmental
review or documentation is necessary.
RECOMMENDATION:
That the City Council adopt staff s recommended Resolution granting the appeal in part and denying
the appeal in part as detailed in this agenda statement.
BOARDS AND COMMISSION RECOMMENDATION:
On June 6, 2005, the Design Review Committee approved the program subject to the conditions
contained in the Notice of Decision as recommended by staff.
14-1
Page No.2, Item: I tj
Meetinj'l Date: 8/23/05
DISCUSSION:
1. Background
The following is a chronological summary:
· April 19, 2004- The City's Design Review Committee(DRC) approved Phase I of the EastLake
Design District. A condition of approval stated that a Planned Sign Program needed to come
back to the Committee for review and approval.
· March 22, 200S-the City Council approved proposed amendments to the sign guidelines
contained in the EastLake Business Center II Supplemental SPAin order-to allow additional
types and quantities of signs not allowed under the existing sign guidelines for the Business
Center.
· June 6, 2005- The DRC considered the Applicant's planned sign program in light of the sign
guidelines adopted by Council on March 22, 2005. The DRC approved the sign program
subject to conditions contained their Notice of Decision.
· June 16, 200S-the applicant filed an appeal of the DRC conditional approval requesting
additional signage be granted.
· August 3, 200S-applicant submitted revised sign planned sign program which differed from the
rendition reviewed by the DRC on June 6, 2005. This revised sign program has been evaluated
by staff with recommendations contained in this report.
2. Zoning and Land Use
Site General PC District Existing Land Use
Orientation Development
Plan
Site Business Center BCl Vacant
North Business Center SFAlSF3 Single Familv Residential
South Low Residential RP8 Single Familv Residential
East Residential RPl, RP2 Single Familv Residential
West Business Center BCl Vacant; corporate headquarters
14-2
Page No.3, Item: I Lj
Meetin~ Date: 8/23/05
3. Proposal
The applicant, International Real Estate, has submitted an appeal of certain conditions of approval
regarding the decision of the Design Review Committee on June 6, 2005 to conditionally approve
the proposed Planned Sign Program for the EastLake Design District and submitted a revised
program for Council consideration through the scheduled appeal. Many revisions respond to DRC
condtions.
4. Analysis:
The proposed planned sign program for the EastLake Design District contains two sections I)
monument signage provisions for the entire 36 acre site and 2) building signageprovisions for Phase
I only. The applicant's appeal only concerns that section of the sign program which addresses
building signage.
Staffhas worked with the applicant since the DRC hearing to incorporate the DRC conditions and to
minimize areas of disagreement prior to consideration by the City Council. The program under
consideration, submitted on August 3rd, reflects this effort since the DRC hearing. Identification
of buildings by numbers has been changed since the sign program reviewed by the DRC. This was done
so that the buildings will be identified in the same manner as the buildings in the building permit
records. Building "A" now has been divided into Buildings A-D. Building "B" is now called Building
E (See Attachment 3)
The following sections describe the major and ancillary issues which comprise the applicant's
appeal and the current position of both the applicant and staff. Also described are the conditions of
the DRC, which are appealed.
In reviewing the following sections of this report, please also refer to draft Council Resolution and the
following Attachments:
Attachment 2-Design Review Committee conditions of approval
Attachment 3-Comparison between previous and new labeling of buildings in Phase 1
Attachment 4-Figures 1-4 (site photos)
Attachment 5-Building signage site plan
Maior Issues:
1) Building "D" Secondary Signage (formerly Building "A")(See Attachment 5)
DRC Condition:
Condition B(4) requires the elimination of all secondary tenant signage on the south
elevation of Building D due to the limited visibility from Otay Lakes Road, and the primary
visibility from residences to the south.
14-3
Page No.4, Item: I if
Meetin2 Date: 8/23/05
Applicant's appeal request:
The applicant's revised sign program continues to request signage along the south elevation
of Building D. In addition, the applicant requests tenant logo signs on both the west (see
Location T 4a and b) and east elevation of Building D (see sign location T 4-d on signage site
plan). Signage now requested on the south elevation includes both an additional "secondary"
sign for the major tenant in that suite as well as two additional "off-premise" signs for other
tenants within Building D.
Staff's recommendation:
In regards to proposed signage on Building "D" (See Attachment 5) staff recommends the
following:
Removal of the the proposed "secondary" logo sign (identified as sign T-4d) on the
east elevation (see proposed condition N4)
Staff is concerned about signage facing residences in proximity to the project site,
especially as this project is located within a business center rather than a commercial
district. Figure 3 and 4 are copies of two photographs that exemplify staff's position.
Figure 3 shows the proposed logo sign. Over time, as the vegetation in the common
slopes matures, there will be increasingly less visibility from Otay Lakes Road.
Figure 4 shows, the impact of the sign on residences just east of the project.
· Removal of "secondary" tower tenant signage (identified as sign T-4c) from south
elevation (see proposed condition N 4)
Staff finds this sign would mainly be visible from residents across Otay Lakes Road.
Figure I shows the south elevation of Building "D" as it will be visible driving west
on Otay Lakes Road. Over time, as the vegetation matures, the visibility will be
reduced. Figure 2 shows impact on residences directly across Otay Lakes Road. This
impact will not be reduced over time.
· Rernoval of the proposed "off-premise" signs (identified as P13a and P14 a) shown
on the south elevation (see proposed condition N 4)
The applicant seeks to place tenant signs on suites where the tenant is not located.
This is referred to as "off premise" signs which the City has generally not allowed.
Allowing such signage would not only set an undesirable precedent but also shares
the same concern of signage along the south elevation being visible primarily to
residential areas across Otay Lakes Road.
· Removal of the two "secondary" logo signs (identified as T-4a and T4b) along the
west elevation (see proposed condition N4)
Staff believes these signs are unnecessary in light of the large sign which will occur
14-4
Page No.5, Item: /1./
Meeting Date: 8/23/05
on the tower element just east of the proposed logo sign locations. If the applicant
believes it necessary to further highlight the entrance into the building, staff
recommends only smaller non-illuminated placard signs be used with placement
closer to the actual building entrance.
2) Building "E" (formerly Building "B") proposed building signage (See Attachment 5)
DRC conditions:
Condition B(2) and (Bll) requires the elimination of building wall signage on the north,
west and south elevations of Building "E" (See Attachment 5)
Applicant's appeal request:
Applicant request signage along the west (back of building), north and south elevations. This
would amount to allowing two signs per tenant, with the exception of suite 100 (north)
which would allow a total of three signs per tenant.
Staffs recommendation:
Staff has reexamined this request and recommends that such signage could be acceptable as
long as the applicant proposes a uniformity of all said signs in terms of size, font style, color
and illumination. This will allow staff the assurance that the signage allowed on these
building elevations will have a more subdued appearance which would be more consistent
with other signage within the business center. If this uniformity is not proposed, staff concurs
with the DRC to eliminate such signage (see proposed condition IV2)
Ancillary Issues:
1). Multiple Tower Tenant Signage
DRC consideration:
Condition of approval B(3 and 4) required the elimination of all multiple signage on towers.
Applicant's appeal request:
The applicant originally requested that the sign program provide the option of allowing
three or four small tenant signs be allowed on the tower element, in place of one larger sign
for a major tenant occupying the suite adjacent to the tower. Allowing this option was part of
the Applicant's original appeal request. However, in working with staff, the applicant
subsequently agreed to remove all reference to multiple signage. The sign program currently
proposed by the applicant does not contain any reference to this type of signage.
14-5
Page No.6, Item:
Meetinl: Date: 8/23/05
/4
Staff recommendation:
Staff is in agreement with the applicant's proposal to eliminate multiple tenant signage on
towers (Proposed condition IV3 recommends deletion of applicable DRC conditions)
2) Stacked lettering for Primary Tenants (Buildings A-D)
DRC consideration:
Condition B(I) of NOD required the elimination of stacked signage for primary signs since
the requested 32 inch height limit exceeded the 24 foot maximum called out in the Sign
Guidelines.
Applicant's appeal request:
The applicant continues to request allowance for stacked signs with a 32 inch height
allowance
Staffs current recommendation:
Staff agrees with the applicant's request and, based on the scale of the project and buildings,
allowing the requested stacked lettering, with a maximum letter height of 32 inches (36
inches from top to bottom including 4 inches of negative space) be allowed. (proposed
condition IVI recommends deletion of applicable DRC condition)
3.). Definition of tower tenant and allowance for secondary signage (Building "A"):
DRC Condition:
Condition (B)(8) specifies that a tower tenant is defined as one with a minimum lease area of
20,000 square feet. For those tenants who meet this qualification, condition (4)(b) states that
all secondary signage for tower tenants be removed, with the exception of the west elevation
of Building "A".
Applicant's appeal request:
The newest sign program proposes that Dunn Edwards, which is adjacent to a tower but with
only 6,600 square feet, be allowed the same amount of tower signage as a 20,000 square
foot tenant. The applicant contends that as long as a tenant is located in a suite adjacent to a
"tower" they should be allowed the same amount of signage as any other tower tenant
regardless of their lease area The applicant also requests a secondary sign on the west
elevation.
14-6
Page No.7, Item:
Meetin2 Date: 8/23/05
IV
Staffs current recommendation:
Staffhas reconsidered its original position and now agrees with the applicant that all tenants
who occupy suites adjacent to one of the 4 tower elements (Buildings A-D) be allowed to
have the same amount of signage regardless of square footage oflease area. Therefore, staff
recommends that all reference to signage restrictions on tower elements that was tied to a
minimum square footage oflease area be eliminated. (Proposed condition N 6 recommends
deletion of applicable DRC conditions).
3. Sign lllumination:
DRC Condition:
Condition B( 6) requires that all references to tower signage contain revised language that
require these signs to use luma haze channel letters for sign illumination.
Applicant's appeal request:
The applicant requests the option of either standard internally illuminated channel letter or
luma haze illumination. They wish to provide more discretion for the individual tenants who
may locate there. Some corporate signs for national type tenants apparently will not lend
themselves to the luma haze type illumination.
Staffs recommendation:
Staff is in concurrence with the applicant and recommends that the City Council allow these
two options.
(proposed condition N5 recommends deletion of applicable DRC condition)
4. Font and Script consistency
DRC Condition:
Condition B(9) requires the applicant to provide a color scheme for all signage consisting of
a maximum of three colors. Additionally, the applicant is restricted to the use of only one
script for all sign lettering.
Applicant's appeal request:
Applicant requests elimination of this restriction, especially as it applies to tower tenants.
Staffs recommendation:
Staff recommends that the applicant be required to provide a color scheme and proposed
script styles for all signage (other than tower tenants) for approval by the Director of
14-7
Page No.8, Item:
Meeting Date: 8/23/05
JL-t
Planning and Building (see proposed condition IV?). This is to ensure that the signage does
not take on the characteristics of a retail center.
CONCLUSION:
While staff and the applicant have been able to reduce the number of issues since the
applicant's appeal of the DRC decision was filed, there are still areas in which staff strongly
finds the applicant is requesting excess signage. The revised sign program conflicts with the
DRC conditions of approval. In an effort to avoid sign clutter, as well as allowing signage,
which may impact surrounding residents, staff is recommending that the Council adopt the
conditions of approval outlined in the proposed Council Resolution.
FISCAL IMPACT:
The applicant has paid all costs associated with the processing of the appeal.
Attachments
1. Locator
2. Design Review Committee Conditions cf Approval and Meeting Minutes June 6, 2005
3. Comparison between labeling of buildings for Phase I
4. Figures 1-4 (site photos)
5. Building signage site plan
6. Ownership Disclosure Statement
J:\PlanninglCase File~-OS (FY 04-0S)\Psp-oS-o8\StaffRepo""-Ca STAFF REPORT CC DRAFTlO .ug OS.doc
14-8
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ATTACHMENT 2
Design Review Committee
Conditions of Approval and Meeting Minutes for June 6, 2005
14-10
DESIGN REVIEW COMMITTEE
CONDITIONS OF APPROVAL
Conditions contained in the Notice of Decision of the Design Review Committee dated
June 6, 2005 include the following:
B.) Submit a revised Sign Program package indicating the following changes to the
building signage section of the planned sign program:
1. Revise page 7 to remove allowances for 32 inch stacked letter
height. Only one line of signage to maximum height of 24
inches should be allowed.
2. Revise page II (General Tenant Signage) to remove signs G-Ib
and G 6b along the north and south elevations of building B.
3. Delete page 16 (Multiple Tower Tenant Signage and criteria)
4. Revise page 17 of sign program regarding comer tenant signage
as follows:
a. remove all reference to multiple tenant signage
b. remove all reference to secondary signage except
for the west elevation (location T -a on site map on
the west elevation, east of Showroom Place) which
will allow only a single tenant secondary sign.
5. Delete page 18 (Multiple Tenant Site Plan)
6. Revise pages 3,4, and 16 to require all tower tenant signs use
luma haza channel letters for sign illumination.
7. Add language which defines a major tower tenant (in terms of
square footage).
8. No sign shall be allowed on the four towers of Building A unless
the sign represents a major tenant defined as occupying a
minimum of20,000 square feet oflease area.
9. Applicant shall provide a color scheme for all signage consisting
of a maximum of three colors. Only one script style shall be
allowed for all sign lettering.
10. Revise Page 16 to reflect correct elevations and sign numbering.
14-11
II. Eliminate building signage on the west (rear) elevation of
Building B shown on page II and 15.
14-12
ATTACHMENT 2
DESIGN REVIEW COMITTE
CONDITIONS OF APPROVAL AND
MEETING MINUTES
JUNE 6, 2005
14-13
Design Review Committee
Minutes
-3-
June 6. 2005
Mr. Carucci commented that this style of architecture is a complete departure from where
they've been.
Member Mestler asked for clarification of landscape plans particularly the type of trees
being used. - -
Mr. Carucci stated that there were two submittals of the landscape plan one was with the
developer for the entire center, and the other was the one that they've submitted for the
restaurant. The two were incorporated together when they initially submitted the
application. A detailed landscape planting was included with the submittal.
Mr. Garry Williams, City's Landscape Planner remarked that from what he had reviewed a
lot of the information on the submittal at the parking and landscape improvements in the
parking area are not part of the work for the Souplantation, but more of the work for the
overall master planned landscape program for the center. Most of the planting that he saw
on the submittal had to do with p[antings around the edge of the building. He also noticed
the discrepancies between the site and the landscape concept.
Mr. Carucci stated that their the landscaping responsibility is confined to the perimeter of
the building.
Mr. Williams commented that the landscape architect for this project is also the "center's"
landscape architect, MW Peltz.
Member Magallon asked if the applicant had used this size of letters for their signage
before?
Mr. Carucci answered that this was the standard size used for their projects:
Vice Chair Alberdi said he still had trouble understanding how the clearstory component
worked without viewing a roof plan.
Mr. Carucci went up to the dais with a set of floor plans and explained how the clearstory
element worked within the project.
MSC ( Araiza/Alberdi) (4-0) Approve DRC-05-45 project as presented with conditions
noted in draft Notice of Decision. Motion carried.
2. PSP-05-08
Western Sign Systemsllnternational Real Estate
851 Showroom Place
Chula Vista, CA
Desion review of a planned sion prooram for a 36-acre
site located at the northeast corner of Otav Lakes Road
and Fenton Street/Showroom Place within the Eastlake
Business Center.
Staff Presentation:
Mr. Jeff Steichen, Associate Planner stated that project before the Committee is a request
for approval of the planned sign program for the Eastlake Design Center. The project is
on 36-acres at the southeast corner of the Eastlake Business Center and its specifically
J:IHOMEIPLANNINGIROSEMARI E\DRCIMIN-6-6-0S
14-14
Design Review Committee
Minutes
-4-
June 6. 2005
located in intersections of Otay lakes Road, Fenton Ave., and Showroom Place. The
project was brought before the DRC at the meeting of May 16'h during which time the DRC
approved the sign program with staffs recommendation not to include multiple tenant
signs on the corner and only One secondary sign. Based upon the applicant's desire to
appeal, staff is now taking this back for the Committee's consideration of the additional
signage. Mr. Steichen reviewed the applicant's original request and indicated the
locations of additional signage. He further noted that because of the short time between
the last meeting staff was not able to cover all of the recommendations in the staff report
and he has passed out to the Committee additional staff recommendations.
The first part of the program is for the monument signs that will cover the entire 36-acre
project site for both, Phase I & II. There are four different types of monument signs
depicted by the letters A - 0 which representative different types of signs. The monument
sign consist of one sign proposed at the northeast intersection of Otay Lakes Road and
Fenton Avenue it will consist of 8 panels for use by the major tenants of the district. In
addition, there will be a water feature incorporated into the base of the sign, which will
contain both the name of the district as well as the City logo. The approved sign program
calls for a maximum height of 30-feet; however, to accommodate staffs request for
additional space between the panels it now exceeds that by 3.75 inches which staff is
recommending allowing this additional height.
Monument sign type "B" would be known as the district entry sign and will be located on
both corners of the intersection of Fenton Avenue and Showroom Place. It will consist of
the Eastlake Design District logo and the name within the main parts of the sign. The
base of the sign will contain both the City logo as well as tenant logos incorporated into the
base. Monument type "C" is known as tenant identification signs and it will be located at
five locations. While the sign guidelines call for a maximum height of 7 -feet,Jn order to get
the increase spacing requested by staff the height is now proposed at 8-feet 9-inches.
Monument sign type "0" will consist of non-illuminated directional signs described on the
site plan. Each sign will consist of 5 individual removal panels with a maximum height of 5-
feet, which is consistent with the sign guidelines. In terms of building signage the
applicant has distinguished between two main types of building signage for building "A" for
the tower tenants and the primary tenants and for building "B" there is only one type
known as the general tenant signs. Mr. Steichen reviewed the site plan that the
Committee saw back on May 16'h showing the requested locations of the signs.
Since that time the applicant had requested additional building signage for the corner
towers and corner tower tenants of building "B" and for the interior tower tenants of
building "A" which would now have the option of multiple tenant signage. In general the
tower tenants for single tenants may consist of a sign copy up to 9-feet high by 20-feet
long. In addition, the tenant may have a tenant tag line with a maximum letter height of
30-inches and a maximum length of30-feet. Prior to the meeting of May 16'h the applicant
requested the option of having 3 multi tenant signs for the corner towers. Subsequent to
the meeting of May 16'h the applicant is requesting to have up to 4 multi tenant signs,
which would also exceed the maximum of height of 9-feet set by the design guidelines. In
addition, the applicant is now requesting that these provisions for multi tenant signs also
be extended to the interior tower tenants. Also at the meeting of May 16th the applicant
proposed allowing secondary signs at the second side of the corner towers. Since that
meeting the applicant is now requested that a tenant tag line be allowed for the multi-
tenant signage proposed for the interior towers. -
J:\HOME'.,pLANN ING\ROSEMARIE'.ORC\MI N-6-o-05
14-15
Design Review Committee
Minutes
-5-
June 6, 2005
Mr. Steichen stated in terms of illumination the applicant is now requesting the tower
tenants, whether they be either a single tenant or a multiple tenant, be given a choice of
three types of internal iIIuminatio.n. Staff is recorTlmending that they only be allowed one
type of illumination that of luma haze channel letters as was originally proposed. Staff is
also recommending that there be a limitation of the number of colors used for the signage
and also that the type of lettering be restricted to one type of script. Finally the last
request of the applicant is to have an additional sign along the north and south elevations
of building B. This would essentially relate to a third sign for the end tenants of Building B.
As was stated at the meeting of May 16th staff was opposed to allow multiple tenant
signage or secondary signage other than a single tenant secondary sign along the west
elevation. Staff is also opposed to the recent request to allow additional signage in the
fomn of tag lines for the interior tower tenants or for a third sign for the end tenants of
building B. And finally, based upon a re-evaluation of the whole sign program, staff is now
also requesting that no signage be allowed along the west elevation of building B.
STAFF RECOMMENDATION:
That the Design Review Committee approves the draft Notice of Decision, which grants
approval of the sign program subject to the conditions contained therein, as well as adding
additional sign recommendations added to 1 B of Notice of Decision that states:
6. Revise pages 3, 4, 16 of building sign section to require all tower tenant signs use
luma haze channel letters for sign illumination.
7. Add language that defines a major tower tenant (in terms of square footage).
8. No sign shall be allowed on the four tower tenants of Building A unless they
represent a major tenant defined as occupying a minimum of 20,000 square feet
of lease area.
9. Applicant shall provide a calor scheme for all signage consisting of a maximum of
three colors. Only one script style shall be allowed for all sign lettering.
10. Revise page 16 to reflect correct elevations and sign numbering.
11. Eliminate building signage on the west (rear) elevation of Building B.
COMMITTEE DISCUSSION:
Mr. John Schmitz, Principal Planner, pointed out at the previous meeting Chair Araiza had
asked the question about the sign guidelines and the number of panels there. Staff had
indicated that the issue had already been brought forth to the Planning Commission and
City Council as part of the discussion of the Sign Design Guidelines. Staff might have left
the DRC with the impression that they could not make a recommendation for a lesser
amount of panels. The guidelines establish a maximum height, number of signs and so
forth, If the Committee feels that the number of panels is not appropriate at this location it's
In the purview of the DRC to recommend a different number. Mr. Schmitz stated that it
was unfortunate that the applicant wasn't here tonight, as he wanted to make it clear that
the Committee is taking an action that if he chooses to appeal it, it will be something that
he can include in one of his appeal items.
Chair Araiza commented that at the last meeting the applicant went away with an approval.
although he voted against it. Chair Araiza asked if they could vote differently this time?
J:IHOME\PLANNINGIROSEMARIEIDRCIMI N.6.6.0S
14-16
Design Review Committee
Minutes
-6-
June 6. 2005
Mr. Schmitz said the whole matter is before the Committee anew. So if the DRC feels
there's something that they wish to take action on then they can take action on anything
that is in their packet this evening.
Mr. David Lasage of Stanford Signs and Western Sign Systems (2556 Favire, Chula Vista,
CA), representative, for Mr. Voght, Developer, of the Eastlake Design District remarked
that his understanding was that the main monument signs had been passed at the last
meeting with the exception of Chair Araiza. He didn't think that this was going to be
included as part of the review today. It was his impression that the second portion of the
signage would be discussed at this meeting which was the multiple tower signage that's
within the center itself. They have already proceeded to work with their engineer
regarding the monument signs based on the last approval.
Chair Araiza replied that was also the way he had interpreted it as well.
Mr. Schmitz stated that staff did not just advertise this as "just that issue" they advertised
the sign program and this is a component of the sign program. Staff felt that it was
awkward that the applicant wasn't here and he might have just assumed that it was a
technicality. There were several conversations after the last meeting with Mr. Voght and
Mr. Steichen trying to get to where they are today. Even though the applicant isn't here to
comment on it, it was clear that this was what the applicant wanted. Staff's position is still
the same from the previous meeting as it is today that there is an excessive amount of
signage for this project. Mr. Schmitz stated what staff is trying to establish is if the
committee is comfortable with the level of signage proposed; and the applicant if he
doesn't agree with that is going to appeal that decision. Staff already knows that the
action that the Committee took the last time was not acceptable to him and now he is just
adding more signs.
Member Mestier asked staff to clarify his last comment.
Mr. Schmitz stated in the exhibits that were presented at the previous meeting there were
some signs that the applicant wished to have that were not shown on the exhibits. Now
staff has updated exhibits that clearly show all of the signage that he is proposing for this
center.
Member Mestler commented initially when she saw the information she felt there were an
excessive amount of signs and questioned if that were allowed.
Mr. Schmitz remarked that this argument was made both at the Planning Commission and
City Council hearings. Staff went far beyond what they'd normally do for the design
guidelines for the sign program at both meetings. Especially at the Council level, because
they wanted to make it clear to everybody that this is much different than what they allow
for even most commercial centers in the city.
Chair Araiza asked the committee what their thoughts were on the proposal.
Vice Chair Alberdi stated at the last approval he thought there were too many signs. For
the applicant to come back and ask for additional signage, after they've approved a 30-
foot monument sign on Otay Lakes Road, is too much. His recommendation would be to
approve the Notice of Decision along with staffs additional recommendations that were
made tonight. -
J :\HOME\PU\NNING\ROSEMARIE\DRC\MI N-d~a-Q5
14-17
Design Review Committee
Minutes
-7-
June 6. 2005
Member Mestler thought there was too much signage and that it should be reduced. She
would also be inclined to vote for approval based on staffs recommendations.
Member Magallon concurred wit~ her colleagues:.
Mr. David Lasage stated while he respected the ORC's decision, he wanted to point out
that he didn't believe that Mr. Voght was really asking for more signage rather that he was
asking for a little more latitude so that he could lease these spaces out. A lot of the
smaller directional signage was not visible to the right-of-way or to the main throughway.
Chair Araiza said he realized the "0" type sign is harmless, however, he's still concerned
with the "C" and "A "signage.
Mr. Lasage said that he didn't think that it was Mr. Voght's intent to circumvent the
committee it was just that he wanted to get the project done and he had worked very hard
to get the panels approved because of the two phases.
Chair Araiza discussed how different shopping centers throughout the region especially up
north use different methods of signage. In particular, he mentioned the pyramid that can
be seen along Mira Mar Road. In his opinion, having an attractive sophisticated symbol is
something that will attract the public more to a location rather than an eight-paneled
monument sign.
Mr. Lasage responded that tenants would probably balk if you told them that they were
going to be represented by a symbol versus having their name on a sign.
Chair Araiza commented as a design committee they hear that same argument over and
over, yet if you look at other shopping centers (in Carmel or Fullerton) where they don't
allow these things there are businesses there. For some reason when the businesses are
located in Chula Vista the tenants insist on having these types of signs, which makes it
difficult to accept. While it was important that business have identification there comes a
point in time when there is so much sign proliferation that it doesn't make any sense.
Mr. Lasage stated that they didn't want to promote ugly signage and it wasn't their intent to
promote a collage of signs.
Ms. Incha Lockhart, with Western Sign, commented that in her opinion having a 3D-foot
monument sign was necessary in order to identify the design district. She remarked that
she was somewhat confused because at the last meeting she was under the impression
that the monument signage had been approved and here they are again discussing it
before the committee.
Chair Araiza stated that the monument sign has been approved the only thing that is
changing is the recommendation from staff about the other signage. If they want the
building signage it will have to be appealed. Chair Araiza noted that he was still against
the monument signage but if the committee were inclined they could approve it.
Ms. Lockhart said she had some concerns about restricting the signage to only luma haze
because they couldn't do it on some of the signs.
J :IHOME\PLANNINGIROSEMARIEIDRCIMIN-6-6-05
14-18
Design Review Committee
Minutes
-8-
June 6. 200S
Mr. Schmitz said he felt that staff's concern with the proposal regarding illumination is that
it's open ended. It just listed three different types without any criteria over who can use
those types. If the applicant wants to propose some standards for non luma haze lighting
for different types of tenants or djfferent types of logos, that don't fit within the parameters
of luma haze light, staff would be fine with entertaining that but it wasn't the way it was
presented in the exhibits that they saw. It just said that you could have anyone of these
three types and that concerned staff.
MSC (Alberdi/Mestler) (3-1) to approved PSP-OS-08 project as presented with
additional staff recommendations added to 1B of Notice of Decision which states:
6) Revise pages 3, 4, 16 of building sign section to require all tower tenant signs use
luma haze channel letters for sign illumination; 7) Add language which defines a
major tower tenant (in terms of square footage); 8) No sign shall be allowed on the
four tower tenants of Building A unless they represent a major tenant defined as
occupying a minimum of 20,000 square feet of lease area; 9) Applicant shall provide
a color scheme for all signage consisting of a maximum of three colors. Only one
script style shall be allowed for all sign lettering; 10) Revise page 16 to reflect
correct elevations and sign numbering; 11) Eliminate building signage on the west
(rear) elevation of Building B. Motion Carried with Chair Araiza opposing.
3.
DRC-04-69
D D Investments, Inc. (T-Rex Products)
2380 Fenton Street
Chula Vista, CA
The proiect proposes construction of a 31.367 so. ft.. 2-
storY. 3S.ft. hiah. tilt-up buildina with SO parkina
spaces. The intended use is for como rate offices.
packaaino, assemblv. and warehousina. which will be
conducted indoors.
Staff Presentation:
Mr. Richard Zumwalt, Associate Planner stated the T-Rex project is located on a vacant lot
on 1.55-acres on the corner of Fenton Street and Hale Place in the Eastlake Business
Center I. The proposal is for construction of a 31,367 square feet two-story builcing, 35-
foot high tilt-up building including fifty parking spaces. The intended use is for corporate
offices, packaging, and assembly and warehousing all will be conducted indoors. Staff
noted the project is an infill project of one of the few remaining undeveloped properties in .
the business center.
Mr. Zumwalt stated that on September 20, 2004 the Design Review Committee heard the
project as a preliminary review. The Committee generally liked the design and
complemented the applicant on choice of materials and color. They recommended that
the applicant address some of the concerns about the lack of architectural variety on the
east and south elevations. Also the committee had some concerns about the design of the
project entry. The stone structures at the front of the building appeared too narrow when
compared to the height of the building, and the entry canopy could be made a little wider in
order to make the entry more prominent. Since that the time the applicant has changed
architects. The plans have been slightly redesigned resubmitted twice leading to today's
approval hearing. The west elevations (south side) have been slightly modified to
eliminate some of the windows and to provide a more uniformed7color scheme replacing
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ATTACHMENT 6
OWNERSHIP DISCLOSURE FORM
14-26
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(HULA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101.01. prior to any action upon matters thaI will require discretionary action by the Council.
Planning Commission and all other official bodies of the Cily. a statement of disclosure of certain ownership or financial
Interests. payments. or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed"
Ust the names af 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
Michael A. Vagt
2. If any person- identified pursuant to (1) above is a corporation or partnership. list the names of all individuals with
a 52000 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 Of trustor of the trust.
4. Please identify every person. including any agents. employees. consultants. or independent contractors you have
assigned to represent you before the City in this matter.
Michael A. Vagt
Gary P. Cinti
Michael Bennett
5. Has any person' associated with this contract had any financial dealings with an official** of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No~
If Yes. briefly describe the nature of the nnancial interest the official.... may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No .!- Yes _ If yes. which Council member?
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CllY or
(HULA VISTA
APPLICATION APPENDIX E
Disclosure Statement - Page 2
7, Have you provided more than 5340 (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 No2-
Date: 6/1/05
Print or
If Yes. which official~" and what was the nature of item provided?
Person is defined as: any individual, firm. co.partnership. joint venture, association. social club. fraterna
organization. corporation, estate, trust. receiver, syndicate. any other county. city, municipality, district. or otheJ
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.
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14-28
RESOLUTION NO.2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING MODIFICATIONS TO THE
DESIGN REVIEW COMMITTEE APPROVED PLANNED
SIGN PROGRAM (PSP-05-08) FOR THE EASTLAKE DESIGN
DISTRICT.
1. RECITALS
A Project Site
WHEREAS, the areas of land which are the subject of this Resolution are
diagrammatically represented in Exhibit "A" and hereto incorporated herein by this Resolution,
and commonly known as the Design District Overlay within the EastLake Business Center, and
for the purposes of general description consists of approximately 36 acres located at the
intersection of Otay Lakes Road and Fenton Street/Showroom Place (formerly Girard Court).
("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS, on April 20, 2005 International Real Estate ("Applicant") submitted a duly
verified application for a planned sign program (pSP-05-08) within the EastLake Design District
to specify sign regulations as follows: 1) monument signage for the entire 36 acre project and 2)
building signage only for Phase I of the Design District ("Project"); and,
WHEREAS, subsequent to a public hearing and action by the Design Review Committee,
on June 6, 2005, International Real Estate ("Applicant") submitted a duly verified appeal of the
Notice of Decision of the Design Review Committee; and
C. Prior Discretionary Approvals
WHEREAS, the allowance for signage on the Project Site has been the subject matter of
various entitlements, including: I) an amendment to the Design Guidelines of the Eastlake II
SPA Plan on March 22, 2005 by City Council Resolution No. 2005-102 to allow additional
signage provisions for the area designated as the Design District overlay; and;
D. Design Review Committee Record of Application
WHEREAS, the City's Design Review Committee held an advertised public hearing on
the Project on June 6, 2005, and after hearing a staff presentation and public testimony voted 3-1
to approve the project subject to conditions recommended by staff; and
WHEREAS, the applicant appealed the decision of the Design Review Committee on
June 16,2005, requesting this appeal be heard by the City Council; and
WHEREAS, staff has worked with the applicant to reduce the number of areas of
disagreement; and
14-29
Resolution xxxxx
Page 2
WHEREAS, the Sign Program currently under review by the City Council reflects
certain changes, including deletions, from the sign program that was reviewed by the Design
Review Committee; and
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
applications and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of
the exterior boundaries of the Project Sites at least ten days prior to the hearing.
F. City Council Hearing
.WHEREAS, a duly called and noticed public hearing was held before the City Council
on August 23, 2005 on this Project.
NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine
and resolve as follows:
II. 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 was
adequately covered in the previously approved Mitigated Negative Declaration for the EastLake
II General Development Plan (GDP) and EastLake I Sectional Planning Area (SPA) Plan
Amendments (IS-00-03) and the associated Mitigation Monitoring and Reporting Program.
Thus, no further environmental review or documentation is necessary.
III. PSP FINDING! APPROVAL
The project, as conditioned, is consistent with the design guidelines adopted for the 36 acre
Design District Overlay contained within the EastLake Business Center II SPA boundaries.
IV. PSP CONDITIONS OF APPROVAL
The approval of the sign program by the Design Review Committee is upheld subject to the
following amended conditions:
1. DRC Condition BI which prohibits 32 inch stacked letter height for primary tenant
signs is hereby deleted.
14-30
Resolution xxxxx
Page 3
2. DRC Conditions B2 and B 11 are modified and merged into one condition as follows:
Building signage on the west (rear), north and south sides of Building E shall be
eliminated unless the applicant proposes a separate sign plan for review and approval
by the Director of Planning and Building, which insures that all such signs will be
uniform in terms of color, size and font.
3. DRC Conditions B3, B4a and B5 referencing multiple tenant signage are deleted as
the applicant has removed all reference to this type of signage
4. DRC Condition B4b is modified to read as follows~
a. The proposed logo signs on the metal fayade of the west elevation of Building D
(identified as T4a and b on signage site plan) are not allowed. They may be
replaced with non-illuminated logo placards flanking the store entrance in
proportion to the background on which they are applied.
b. No wall signage is allowed on the south and east elevation of Building D (this
includes both tower tenant secondary signage as well as off-site secondary
signage)
5. DRC Condition B6 restricting sign illumination to luma haze channel letters IS
deleted.
6. DRC Condition B7 and B8 placing square footage restrictions on the use of tower
tenant signs is deleted.
7. DRC Condition B9 is modified to read as follows: Applicant shall provide a color
and font scheme for all signage (other than tower tenants) to be approved by the
Director of Planning and Building.
8. DRC Condition BID requiring corrections to elevations and sign numbering IS
deleted as the applicant has reformatted and revised the entire sign program.
14-31
Resolution xxxxx
Page 4
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so implemented and
maintained according to the their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny or further condition issuance of shall future building permits,
deny, revoke or further condition all certificates of occupancy issued under the authority of
approvals herein granted, instituted and prosecute litigate or compel their compliance or seek
damages for their violations. No vested rights are gained by Developer or successor in interest by
the City approval of this Resolution.
XI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon 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 the Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole
discretion, this resolution shall be deemed to be revoked and no further in force or in effect.
Presented By
Approved as to form by
dltvr
James D. Sandoval
Director of Planning and Building
14-32
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SIGN PROGRAM
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PLANNING
EASTLAKE DESIGN DISTRICT SIGN PROGRAM AU UST 1 ST, 2005
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DEVELOPER / LANDLORD: TABLE OF CONTENTS
INTERNATIONAL REAL ESTATE
MIKE VOGT ,j~ INTRODUCTION
2297 NIELS BOHR COURT #210
SAN DIEGO, CA 92154 CONFORMANCE
PHONE: (619) 661-6681 SIGN ACCEPTABILITY - DEVELOPER/TENANT REQUIREMENTS
FAX: (619) 661-6685 ",2"" GENERAL CRITERIA
ARCHITECT: ",j' TENANT SIGNAGE
WARE MALCOMB TOWER TENANTS (BLDG. A,B & D)
MICHAEL BENNETT PRIMARY TENANTS (BLDG. A,B,C & D)
9605 SCRANTON ROAD #310 I
SAN DIEGO, CA 92121 GENERAL TENANTS (BLDG. E)
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CELL: (951)907-1700 .if GENERAL TENANT SIGNAGE CONSTRUCTION DETAILS
I SIGN PROGRAM WRITTEN BY :
PAULINE PFOHL .12' GENERAL TENANT SIGNAGE (BLDG. E) FRONT & BACK ELEVATIONS
CENTER SIGNAGE DESIGNED BY: iii~ DOOR VINYL SPECIFICATIONS
DAVE KENESIE
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STANFORD SIGN & AWNING
INCHA LOCKHART APPROVALS
2556 FAIVRE STREET .~
.1.5 PLOT PLAN
CHULA VISTA, CA 91911
PHONE: (619) 423-6200
FAX: (619)423-8566
CELL: (951)907-1700
. SIGN
SYST"MS
EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005
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INTRODUCTION
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The intent of this criteria is to provide the guidelines necessary to achieve a visually coordinated, balanced
and appealing sign environment, harmonious with the architecture of the project, while maintaining
provisions for individual graphic expression.
Conformance to this sign criteria shall be enforced by the Developer and any non-conforming or
unapproved signs shall be removed and/or brought to conformance by the Tenant or his/her sign
contractor attheir expense, upon demand by the Developer.
All signs affixed to the Building are the sole responsibility of the Tenant, and are hereafter generally referred
to as "Tenant Signs." All other signs on the Center property are the Developer's responsibility, and are
hereafter generally referred to as "Center Signs."
Exceptions to these standards shall not be permitted without approval from the Developer and will require
approval of a modification to the sign program application by the City.
Accordingly, the Developer will retain full rights of approval for any sign used in the Center.
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CONFORMANCE
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Atthe Tenant's expense, the Developer may replace, remove, or correct any sign installed without written
approval, or any sign that does not conform to the design drawings as submitted or any sign that does not
conform with this Sign Program.
SIGN ACCEPTABILITY
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Only those sign types and sign locations specifically described herein are acceptable. There will be no
exceptions without specific written approval by the Developer.
DEVELOPER/TENANT REQUIREMENTS
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1. All Tenants are obligated to have a sign and all signs shall be reviewed by developer for conformance
with this criteria, and overall design quality. Tenant shall cause his sign to be installed before Tenant opens
for business to the public.
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2. All signs shall be subject to the prior written approval of Developer as to construction, method of
attachment, size, shape, height, lighting, color and general appearance. Approval or disapproval of sign
submittal based on aesthetics of design shall remain the sole right of Developer.
3. Prior to fabrication, each Tenant shall submit to Developer for review, FOUR (4) copies of detailed shop
drawings of the proposed signage, indicating conformance with the sign criteria herein outlined. After
Developer's written approval and prior to fabrication, sign plans (with signature of approval from
landlord) shall be submitted to the City of Chula Vista for review and issuance of a sign permit.
4. The Developer shall determine and approve the availability and position of the Tenant name on any
ground sign(s).
5. The Tenant shall pay for all signs, related materials and installation fees (including all final costs). It is the
responsibility of the Tenant's sign company to verify all conduit and transformer locations and service prior
to fabrication. The Tenant shall provide electrical hook-ups by licensed electricians for signs.
6. The Tenant shall obtain and pay for all necessary permits from the City of Chula Vista.
7. All signs shall be kept in good condition and in proper operating order at all times.
8. It is the Tenant's responsibility upon vacating the demised premises, to be responsible for sign removal
including repair, painting (to match existing color) or replacement of the building fascia surface where
signs are attached. Any Tenant sign left after thirty (30) days from vacating premises shall be considered
abandoned and become the property of the Developer. Removal fees will be charged to vacated Tenant.
9. The Tenant shall be responsible forthe fulfillment of all requirements ofthis sign criteria.
10. Developer reserves the right to hire an independent electrical engineer at the Tenant's sole expense to
inspectthe installation of all Tenant's signs and to require the Tenantto have any discrepancies and/or code
violations corrected atthe Tenant's expense.
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GENERAL CRITERIA
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1. ALL signage requires approval by Developer and the City of Chula Vista before construction or
installation.
2. Signs within each project shall be designed as a signage package with selected elements such as
lighting, materials, colors, form, type styles, and layout remaining consistentthroughout.
3. The sign plan should demonstrate contextual considerations in the design of all signs. Proposed
signage should be considerate to the overall Eastlake Design District as well as being responsive to
individual project architecture.
4. ALL proposed signage should reflect a sophisticated corporate image in graphic concept as well as in
fabrication and installation.
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5. Signs and typography shall fit comfortably into designated sign or architectural spaces, leaving
sufficient margins and negative space on all sides. Wall signs shall appear visually balanced and in scale
within the context of the sign space and the building as a whole. Thickness, height, and color of sign
lettering shall be visually balanced and in proportion to other signs on the building. Within each font style,
letters spacing shall be consistent.
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6. Sign colors selected should provide accent and interest appropriate to the associated use of which they
are a part. Sign colors will be carefully regulated by the Developer to assure harmony with the project
design.
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7. Sign construction shall be of permanent materials. For instance, the use of wood as a visible component
of any permanent sign construction is not allowed.
8. Fabrication and installation of electrical signs shall comply with all national and local building and
electrical codes.
9. All electrical signs will be fabricated by a U.L. approved sign company, according to U.L.
specifications, and bear the U.L. Label.
10. Any sign company installing signs in the Center shall be fully licensed with the City of Chula Vista and
the State of California, and have full Workman's Compensation and General Liability insurance.
11. All sign fabrication work will be of excellent quality. All logo images and type styles will be accurately
reproduced. Lettering that approximates type styles will not be accepted. The Developer reserves the right
to reject any fabrication work judged, at developer's sole discretion, to be sub-standard.
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12. Joining of materials (seams) will be finished in such a way as to be unnoticeable. Visible welds will be
continuous and ground smooth. Full-weld construction must be used. Screws and other fasteners that
extend to visible surfaces will be filled and finished so as to be unnoticeable.
13. Signs must be made of durable rust-inhibited materials that are appropriate and complementary to the
building.
14. Finished surfaces of metal will be free from canning and warping. All sign finishes will be free of dust,
orange peel, drips and runs and will have a uniform surface conforming to the highest standards of the
industry.
15. All ferrous and non-ferrous metals shall be separated with nonconductive gaskets to prevent
electrolysis. In addition to gaskets, stainless steel fasteners shall be used to secure ferrous to nonferrous
materials.
16. Dimensional letters will be wall mounted without visible means of attachment.
17. Penetrations into walls will be made waterproof. Damage to existing finishes caused by sign installation
or removal will be repaired atTenant's expense.
18. Paint colors and finishes must comply with these criteria. Color coatings shall match the colors
specified on the approved plans.
19. Painted surfaces shall have a semi-gloss finish. Only paint containing acrylic polyurethane products
can be used.
20. Surfaces with color mixes and hues prone to fading shall be of a color-fast nature.
21. All lighting must match the exact specifications of the approved working drawings.
22. Internal illumination to be 30 milliamp neon tubing, installed and labeled in accordance with the
"National Board of Fire Underwriters Specifications."
23. Surface brightness of all illuminated materials shall be consistent in all letters and components of the
sign. Light leaks must be eliminated. Neon tubing shall be sufficientto make letters read "solid" and shall be
installed so the top surface of neon is flush with front edges of open channel.
24. All conduits, crossovers, wiring, ballast boxes, transformers, and other equipment necessary for sign
connection shall be concealed in raceway boxes mounted to wall. All raceways to be finished and painted
to match fascia.
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EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 2
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25. All bolts, fastenings, and clips shall consist of enamelizing iron with porcelain enamel finish, or
stainless steel, anodized aluminum, brass or bronze, or carbon-bearing steel with painted finish. No black
iron metals will be allowed.
10. Window signage will be limited to 25% of window surfaces adjacent to main entrance doors. Window
signs shall be high-performance opaque vinyl applied to first surface. (Color selection subjectto Developer
approval. )
11. Service/Loading Signs: The Tenant's name, address, and suite number may be applied to their non-
customer service/receiving/loading door in black five-inch high block letters, subject to Developer
approval.
12. Tower tenant's whose premises include multiple units will be allowed a sign above their entrance if the
designated main entrance is not underthe tower element. This sign can be the word "entrance" or a similar
word indicating customer direction, alternatively the company name can be used. This type of sign shall
follow the criteria of the primary tenant, except that the letter height shall be limited to 18" and be located
directly above main entrance on stainless steel fascia.
26. Location of all openings for conduit sleeves and support in sign panels and building walls shall be
indicated by the Sign Contractor on drawings submitted to City. Sign Contractor shall install signs in
accordance with the approved drawings.
27. In no case will any sign manufacturer's label be visible from the street or from normal viewing angles,
unless required by code.
28. Tenant will maintain all signage in a like-new condition. The Developer may, at Tenant's expense,
replace, refurbish, or removed any sign that is deteriorated.
Primary Tenants (Building A,B,C, & D):
1. This sign type shall be limited to the name ofthe business and logo.
2. Primary Tenant copy may be a variety of letter styles with use of logos..
3. Signage is to be internally illuminated halo-lit channel letters. Colors to match registered trade name and
are subjectto approval by Developer. Illumination to be 6500 white neon only.
4. Maximum letter height to be two (2) feet. A stack height (two-line copy) must not exceed 36" including
ascenders and descenders.
5. Sign length will not exceed 70% ofTenant's leased storefront length.
6. Sign area available shall not exceed 1.5 square feet of sign area for each lineal foot of leased premises
where the main entrance to the establishment is located with a minimum sign size of 25 square feet and a
maximum of 150 square feet.
7. The sign design may incorporate single line or double line copy, but no partofthe sign will extend pastthe
sign band area as shown in the attached drawings. The second line of copy can be halo-lit letters or an
illuminated cabinet with push-thru letters (pegged-off % "i.
8. Window signage will be limited to 25% of window surfaces adjacent to main entrance doors. Window
signs shall be high-performance opaque vinyl applied to first surface. (Color selection subjectto Developer
approval. )
9. Service/Loading Signs: The Tenant's name, address, and suite number may be applied to their non-
customer service/receiving/loading door in black two-inch high block letters, subjectto Landlord approval.
10. Tenants who occupy more than one lease space are still confined to one sign centered on combined
leased space wall.
11.ln addition to West elevation signage in buildings C & D, Tenants occupying Suites 100 & 1 06,Tower 4
tenant are allowed secondary signage on the Westtower elevation of building D (OIay Lakes Rd.). per the
criteria of primary tenant signs. ( SEE PAGES 10 & 11). Building A, Tower 1 tenant is allowed secondary
sign on west elevation (Showroom Place see page 8).
General Tenants Only (Building E):
1. This sign type shall be limited to the name ofthe business and logo.
2. General Tenant copy may be a variety of letter styles with use of logos.
3. Signage is to be internally illuminated halo-lit channel letters. Colors to match registered trade name and
are subjectto approval by Developer. Illumination to be 6500 white neon only.
4. Maximum letter heightto be eighteen (18) inches.
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29. The Developer specifically reserves the right to modify or amend any provision of this guideline for
retail uses.
Uf!&~T SIG~AIll
Tenant signage is intended to identify each individual Tenant. Tenants will be defined by the type of frontage
leased. There will be three types: TowerTenants, Primary Tenants, and General Tenants.
Tower Tenants (Building A,B,C & D):
1. This sign type shall be limited to the name of the business and logo. In addition, a registered tagline
and/or logo may be used, and may be placed on the stainless steel fascia adjacent to tower. If placed on
stainless steel, a raceway must be used, and faced with brushed aluminum to match background.
2. Signage is to be internally illuminated channel letters pegged off %". Colors to match registered trade
name and are subjectto approval by Developer. illumination to be 6500 white neon.
3. Tower maximum letter height to be five (5) feet. If sign lettering is stacked, a maximum of nine (9)
feet. (SEE PAGE 7)
4. Sign length will not exceed 20' -0" on the tower.
5. The tagline is a maximum letter height of 14" and a maximum length of 30'. Logo shall be a maximum of
66" by 66". Only nationally recognized and registered taglines and logos will be considered by developer.
6. Tower tenant on building D (OIay Lakes Rd.) is allowed 2 signs, 1 on the tower and 1 facing south OIay
Lake Rd. Three logos will be permitted as follows, one on the east elevation and two logos on the west
elevation on each side ofthe entrance identification. (SEE PAGES 6&8)
7. Both Towertenants for building D and west elevation building A(T1 a) shall follow the primary tenant sign
criteria..
8. Sign area combined available for shall not exceed 2.5 square feet of sign area for each lineal foot of
leased premises where the main entrance to the establishment is located with a maximum of 215 square
feet.
9. The sign design may incorporate single line, two-line, or curved graphic elements, but no part ofthe sign
will extend past the sign band area as shown in the attached drawings. The second line of copy can be
channel letters or an illuminated cabinet with push-thru letters (pegged-off %"). Individual channel letters
and cabinets should not exceed 5 inches in depth.
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EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1ST, 2005 3
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5. A stack height (two line copy) must not exceed eighteen(18) inches. No part of the sign will extend past
the sign band area as shown in the attached drawings.
6. Sign length will not exceed 70% of Tenant's leased storefront length.
7. Sign area available shall not exceed 1.5 square feet of sign area for each lineal foot of leased premises
where the main entrance to the establishment is located with a minimum sign size of 25 square feet and a
maximum of 150 square feet.
8. With exception of the North & South mostTenants of Building E, Tenants in Building E will be allowed two
sets of building signs - one set on the East elevation, and one set on the West elevation (facing Showroom
Place). South mllstTenant of Building E will have secondary signage on the South elevation, instead of the
West elevation. The maximum allowable square footage per set is 75 square feet. North most Tenant of
building E is allowed a third set of additional signage on the North elevation. (SEE PAGE 12 & 13)
9. If a Tenant leases more than one suite, the maximum allowable signs is two. (One on the front elevation,
on the rear elevation.) Sign to be centered over main entrance doors.
10. Window signage will be limited to 25% of all window surfaces. Window signs shall be high-
performance opaque vinyl applied to first surface. (Color selections subjectto Developer approval.)
11. Service/Loading Signs: The Tenant's name, address, and suite number may be applied to their non-
customer service/receiving/loading door in black two-inch high block letters, subject to Developer
approval.
PROHIBITED SIGNS
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The following sign types and treatments are PROHIBITED within the Eastlake Design Center:
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~ 1. Signs constituting a traffic hazard. No persons shall install or maintain, or cause to be installed or
I maintained, any sign which simulates or initiates in size, color,lettering, or design any traffic sign or signal,
I which make use of the words "STOp," "LOOK," "DANGER," or any words, symbols, phrases, or
I characters in such a manner as to interfere with, mislead, or confuse traffic.
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2. Signs in proximity to utility lines:
Signs which have less horizontal or vertical clearance from authorized communication or energized
electrical power lines than are prescribed by the laws of the State of California are prohibited.
3. Box cabinet signs are not allowed, unless used for tagline purposes, and must be no deeper than 5
inches and illuminated with neon grid.
4. Painted letters on the fascia band will not be accepted.
5. No flashing, rotating, or audible signs.
6. No flags, spinners, inflatable displays, sandwich boards, or other distracting devices shall be allowed.
S I G N
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THE AREA OF A SIGN WILL BE ACTUAL AREA OF THE SIGN COPY. IN COMPUTING COPY AREA,
STRAIGHT LINES ORAWN CLOSEST TO THE COPY EXTREMITIES ENCOMPASSING INOIVIOUAL
WORDS, SYMBOLS, AND LOGDS (INCLUDING BUT NOT LIMITED TO PICTORIAL SYMBOLS,
SWASHES, ASCENDERS, AND/OR DESCENDERS SHALL BE USED, liS INDICATED BY THE DOTTED
LINES BELOW. LOGO AND LETTER HEIGHTS, WHERE SPECIFIED, SHALL BE DETERMINED BY
MEASURING THE NORMAL CAPITAL LETTER OF A TYPE FONT, EXCLUSIVE OF SWASHES,
ASCENDERS, AND DESCENDERS.
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EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 4
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7. No sign shall project above or below the sign-able area. The sign-able area is defined in the attached
exhibitforTowerTenants and General Tenants.
8. Vehicle signs: Signs on or fixed to trucks, automobiles, trailers, or other vehicles which advertise,
identify, or provide direction to a use or activity not related to lawful activity are prohibited.
9. Ughtbulb strings other than temporary decorative holiday lighting which consists of unshielded light
bulbs are prohibited. An exception hereto may be granted by the Landlord when the display in an integral
part ofthe character ofthe activity to which it relates.
10. Billboard signs are not permitted.
11. The use of a permanent sale sign is prohibited. The temporary use of these signs are limited to a thirty
(30) day period and is restricted to signs affixed to the interior of windows which do not occupy more than
20% of the window area. Each business is permitted a total of not more than ninety (90) days of temporary
window sale signs per calendar year.
12. No exposed tube neon will be permitted.
13. Sandblasted wood signs are not allowed.
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14. Pre-manufactured signs, such as franchise signs, that do not meetthese criteria.
15. Internally illuminated awning backgrounds.
16. No illuminated signs of any type shall be allowed on walls of buildings facing residential property within
200 feet.
TEMPORARY/SPECIAL SIGNAGE
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1. Temporary signage painted on the window or constructed of paper, cloth, or similar expendable
material, is not exemptfrom permitting, and all ofthe following conditions must be met:
a. The total area of such signs shall not exceed twenty-five percent (25%) of the window area.
b. Window signage must be affixed to the inside surface.
c. Such signs shall be affixed to the surface for no more than thirty (30) continuous calendar days
butfor no more than sixty (60) days each calendar year.
2. Special and Temporary Signage is intended to inform the general public of special events or activities
available to them.
3. All Special and Temporary Signage must be of high quality and well maintained.
WESTERN SIGN
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4. Signs will advertise only goods and services available on the premises and must be placed in the
immediate vicinity of said premises. No signs will be placed on rooftops.
5. Temporary signs for a Grand Opening will only be permitted for thirty days before and thirty days after
said Opening.
6. Temporary signs for an event will only be permitted for three days before and four days after said event,
for a maximum offour events per year.
7. The display of flags is limited to the U.S., California, County, City or corporate flags. Foreign-county
flags may be appropriately displayed on a temporary basis. Flagpoles and standards must be freestanding
and adequately spaced to preventflag entanglement. Flagpole height is limited to the height ofthe building,
except where buildings are less than 20 feet. Flagpoles for buildings Uj1der 20-feet in height are limited to
30-feet in height. Flags may be illuminated by a concealed exterior light source.
8. Paper, cardboard, or Styrofoam signs, stickers, or decals hung around or on windows on a temporary
basis (for sales, etc.) mustbe approved by Developerpriorto installation.
9. Banners, pennants, and balloons used for advertising purposes (on a temporary basis) must be
approved by Developer priorto installation.
10. An architectural banner program may be designed and maintained by the Developer of Eastlake Design
District. The banners are intended to help create a festive atmosphere. The banners must be professionally
manufactured and attached to specific elements such as light poles or banner poles and must be properly
maintained. The banners may be seasonal, event or logo-related.
11. Leasing Signs: Temporary leasing signs will be permitted in the windows of unoccupied spaces. If the
occupancy of spaces is less than 80%, the Developer will be permitted to place temporary freestanding
lease signs on the property. These signs will conform to the City of Chula Vista Sign Regulations.
APPROVALS
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1. The Tenant must submit sign design drawings for Developer review and approval. In addition, the Tenant
must have the approval ofthe City of Chula Vista prior to installation.
2. The sign design drawings submitted to the Developer will be drawn to scale and will indicate exact
dimensions, copy layout, type style, colors, materials, sign location, and the position of the sign on the
building wall. A detailed section drawing through the sign is also required. This drawing will indicate
method of attachmentto the wall, construction details and the dimensional projection of all sign elements.
3. Drawings for approval should be submitted to:
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EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1ST, 2005 5
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BUILDING 0 - EAST, WEST & SOUTH ELEVATION
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INTERNAllY IllUMINATED SIGN CABINET (5" OR lESS IN DEPTH)
ALUMINUM METAL CONSTRUCTION. ROUT-OUT FACES WITH PUSH THRU.
METAL RETAINERS - PAINT RETAINERS AND CABINET
H.O. FLUORESCENT IllUMINATION.
IF A RACEWAY IS USED FOR A TAGLlNE ON THE TOWER WAll UNDER THE TENANT IDENTIFICATION SIGN,
THE RACEWAY MUST BE PAINTED TO MATCH BUilDING COLOR.
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ASHLEY TAGLlNE / LOGO SCALE: 3/8"=1'-0"
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NEON IllUMINATION
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SCALE: 3/32"=1'-0"
OIay Lakes Rd. - South Elevation
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EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 6
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TOWER TENANT SIGNAGE SIGN DETAILS
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INTERNAllY IllUMINATED SIGN CABINET (5" OR lESS IN DEPTH)
ALUMINUM METAL CONSTRUCTION. ROUT-OUT FACES WITH PUSH THRU OR PlEX BACK-UP lETTERS ONLY
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TENANT TAG LINE: TOWER TENANT MAY USE A TAG LINE. lETTERS FOR TAG LINE CAN BE INTERNAllY IllUMINATED PAN CHANNEL lETTERS.
lETTERS CAN BE PLACED EITHER ON THE STAINLESS STEEL FASCIA ADJACENT TO THE TOWER SIGN. PLACED ON THE STAINLESS
STEEL BACKGROUND. A RACEWAY MUST BE USED AND FACED WITH BRUSHED ALUMINUM AND SlOES PAINTED METALLIC SilVER TO MATCH.
TAG LINE TO BE INTERNAllY IllUMINATED CHANNEL lETTERS.
ALUMINUM METAL CONSTRUCTION.
PlEX FACE CHANNEL lETTERS: FACES ARE PLEXIGLAS WITH TRIM CAP AND PAINTED RETURNS.
NEON TUBE IllUMINATION.
IF A RACEWAY IS USED FOR A TAGLlNE ON THE TOWER WAll UNDER THE TENANT IDENTIFICATION SIGN.
THE RACEWAY MUST BE PAINTED TO MATCH BUilDING COLOR.
215 SQUARE FEET MAXIMUM
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EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 7
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Corner Tower OIay Lakes Rd. West Elevation
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":<:'\?;:::;::~Y..:~4"':}:K'~'~.U:: ':~;,)i;f~'ji!~~' . >X:i..",*~~k~;:2::~;,:1s:~~J:'-\~)\'0~ -.
'"
PRIMARY TENANT SIGNAGE SIGN DETAILS
(BUILDING A,B,C & D)
70% or less of leased storefront length
~
,
I
I
12"
+
~
12"
m1
~
W
*,
~)
~
~.
~
INTERNALLY ILLUMINATED HALO-LIT CHANNEL LETTERS.
ALUMINUM METAL CONSTRUCTION.
NEON ILLUMINATION
150 SQUARE FEET MAXIMUM
1
70% or less of leased storefront length
I
SCALE 3/32" = l' -0"
STACKED 16 INCH LmER DETAIL
,.,.\,~
-
4" OF
NEGAT!VE
SPACE BETWEEN
STACK
"":'-"''''" ..
S 113 N
\JI.API'RllVBlIIS1M.l.AJ'IONDfIM
IlEYfRS(tMIIlB.lETlElIWIllIllBIOlf11WlSfCllWEfl1lml
S Y S TIE.... Iii
SCALE 3/32"=1 '-0"
EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 10
tC: -B ,. li~____~1;&%~~'S'4~~:),KNit}/::;:;;~:>i~",,:\;(j0:fLY~~>~i\~'kt'A'"
I
LEASED FRONTAGE :
,
,
,
,
,
--,-----,,-",------,----- ---------------t-
. T ,~" '"",,,, :
____ ________________ ______L.on_
+~~~j
PRIMARY TENANT SIGNAGE ELEVATIONS
(BUILDING A) liD
III
LEASED FRONTAGE
LEASED FRONTAGE
!,,~,
o
hS'
',~.;
v(
~'
~/
~S.
~;
~
~
I
PRIMARY TENANT SIGNAGE
(BUILDING B AND C)
P~IMARY TENANT SIGNAGE
(BUILDING D)
@1
~
~.
I
,~{
~.
PRIMARY TENANT SIGNAGE
(BUILDING 0 OTAY LAKES RD.)
-
SCALE: 1/32"=1 '-0"
Tenants who occupy more than one lease space are still confined to one sign centered on combined leased wall space, or over main entrance doors.
SIGN
SYSTEMS
EAST LAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1ST, 2005 11
~~~~1;t:f_?1t",;~\\:'i:>>:~;"',f:,,;'%Yff:::ii,/:~:;y>;'t:-<';!,.,-,',,"
II
~
,
""
""
'"
L
o
,
C(),
~I
I
+---
~:
><,
j'<.,;
~~.
{i~'
Ii
~
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GENERAL TENANT SIGNAGE SIGN DETAILS
(BUILDING E)
,
70"/. or less of leased storefront length
INTERNAllY IllUMINATED HALO-LIT CHANNEL lETTERS
ALUMINUM METAL CONSTRUCTION.
NEON IllUMINATION
150 SQUARE FEET MAXIMUM
(75 SQUARE FEET MAX. EACH SIGN)
SCALE: 3/32"=1'.0"
l-
I
,0
x _
<(ill
:2I
, :L
c()l)
-~
<D
'I 70"/. or less of leased storefront length I
TENANT
SIGN
3
1
SCAlE:1/2" =1'-0"
INTERNAllY IllUMINATED HALO-LIT CHANNEL lETTERS
ALUMINUM METAL CONSTRUCTION, OR PUSH-THRU.
NEON IllUMINATION
150 SQUARE FEET MAXIMUM
(75 SQUARE FEET MAX. EACH SIGN)
SIGN
BYBTE:MB
I
>;h'''-~jr"''''~~''-,~
.,..,,~. . ~"""""~',-
SOUTH ELEVATION BUILDING E
--~
891
m"m, I 4"
2>/,.\15111
...,,"""',C/;,w _
,."'-~~~o....'" -,. ~
..,,"'''''
",,"""'"',
~,~~~~~.";'1_ -.
.,....,.""'" -------'
'''''''':)jll~~''\
II' . I
I ' . I
, . I
: i !
-L....J ~_~
""",.,,,,,,,,,,,,,,,,,,,
""""",
~''"~
-,,~-'"'
-"""""'"
,"""'_.""
"''''--,.
,""""",'...",,-
.-.,'..."''''''_O>TlOll
""'"""""-
~'nSC>lEwwl.,,"ANCHOR
Ul APPMtVED INSTALlATION DETAIl
REVERSE tlWfNR LErnR 'MTH REMOTE 11WISFORMER INTI)
~~~'w)*:r8:~;~-~~<::~::>?'Hf~\~_'/'!::-~'}i%FPiX"<:>O-----" "
EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 12
~
~
~
I
;*
~;
~-~
~~
II
,,\%%~~~~;h~~;%%~.' '.,
GENERAL TENANT SIGNAGE ELEVATIONS
(BUILDING E)
BUILDING FRONT
_____________lo6~~_~Ql~___________
LEASE HOLD
,
,
LEASE HOLD : LEASE HOLD
----------------------------------~----------------------------
,
:
,
,
:
,
,
,
,
LEASE HOLD
LEASE HOLD
~'\'
N
N
Oi
- ....'--
~__________ _____________________l
FRONT ELEVATION
,
:
:
,
Tenants who occupy more than one lease space are still confined to one sign centered on combined leased wall space, or over main entrance doors.
BUILDING BACK
ii."
',;.''C
0~;;
~-
~ji.
,
LEAS HOLD LEASE HOLD LEASE HOLD ! LEASE HOLD : LEASE HOLD : LEASE HOLD :
-----------------~----------r--------------------------~----------------------------i----------------------------------~-------------------------------------,----------------------------l---------
I I I I
t I ' I
I , I I
I I I I
I I I ,
I I I I
I I I I
I I I I
I I I ,
,
~
~1
~
~t;
BACK ELEVATION
,\'\<~\~,\
..]
~i
,-!
SCALE: 1/16"=1'-0"
II
f~?q
~"'(}>::'~,I
~~
i
WESTERN
SIGN
SOUTH ELEVATION
NORTH ELEVATION
SYSTEMS
EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 13
_~'%:~~'&';,,~>y~.~g'::,'~:::'*1~l~~;iffc'!:!L~~~~:t>:<,{:.{:
~.",,,-,,,--
,--:~"" -,
I
1\0
*-
~:
S,V
-,'''C,'
i'l't
,,;,
...
"0
I
-';--8\~:4'Ji@;*~~':~~t;.UJT r
r'lI!!n!IE:;mji!..J~'
DOOR VINYL SPECIFICATIONS
DOOR VINYL:
LIMITED TO TENANT NAME AND LOGO, APPLIED TO RIGHT DOOR ONLY, 4'-6" ABOVE GRADE.
NO MORE THAN 24" WIDTH.
BUSINESS HOURS: TO FIT 10" X 12" SPACE, APPLIED 2'-6" ABOVE GRADE.
COLOR: HIP OPAQUE. COLOR CHOICES SUBJECT TO APPROVAL BY DEVELOPER.
,-;
3L - J1 (0 :n
MAX. 24"
1 I
If[~ rm c~l rm G ~~ c~l mm (lli I~,@ [ill @
10"
,--- ----- I
~~.
;;
~:'-
F'
*~
~-
lS"
!Wi
'!:'
~-
~
I
~
~
[B)un~llrm~~~ r lI(Q)unIr~
12"
M" IF
SAT
~UN
9)sOlOl " ~sOlq
1OlsOlOl " ~sOlq
1 1 sOlOl " 5J sOlu
SCALE: 3"=1'-0"
SiaN
lilYilTE""lil
N
,
O'J
~~~2".gW)isr: ';',~,;;;y~X.q':;:'~-j~1'~.;~~tj;,'-----
EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1ST, 2005 14
~
~
~,
~'
~i
ii1:%-
f:'':,
~~-
I
'~'i
(]l
,
"1
II
Eastlake Design District Phase I
851-891 Showroom Place, Chula Vista, CA 91914
I:::::TOWER TENANTS SIGNAGE
_ -- PRIMARY TENANTS SIGNAGE
-~GENERALTENANTSSIGNAGE
/'
.-"/'
.,-.,-
,':
~~
~
~
~.
~x
%
~
R%
I
wEnt~~:,~.~
...,.....::.'-.-,..>
c"cc"''''\c'~:::.li!,Ii(LJi~C,
j[m"!rcil!l\1:~~~ '
SITE PLAN
Suite 101
1.864 SF
Suite J 00
2,100 SF
aite 102
2,256 SF
SuiteHI3
J.997 SF
S.I'e 100 -'
1,863 SF
Suite 101
2,271 SF
Salte 102 ~
2,271 SF
Suite 103 -
2,811 SF
~
NORTH
LEASING SITE PLAN
EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1ST, 2005
~m :, m :~~~,,@!:llio/!~\~~~t~' ~;:,:_,'b~:Vr:&~;W;~~'(;:~t~~~,,:\~\,,\~:__::~>Y/<~;
15
I
I
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l~:
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I
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-,,",
~~
~~
,~
i
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~~
"
;~
~
~
0;:;,
:!'j
.~
I
~
I
I
~
,. -,"',,,'>'-. ' ~"<-; -'.-.'" ;<',?::'r.<:"';<\;';~'{,*,'\,1K~~~~~~.~~;'V*~'%.~"!:t1$,-\~~..k~~
EAST LAKE
eSI n
1=1
---
. .
IS rlc
MONUMENT SIGNS
-"----
AUG 0 2 2005
PLANNING
S I G N
SYSTEMS
--r
~~~~~.J%:';k~""'B~~~~?tj}~S:~}~,*:;~'i;:;t5;~t6:"2<",1j);i:\zm';__tt:~,~~;*;~,s+:;"'Sk&;'<\<;<::/_':<<,<,_.,"
EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY 6, 2005
'"
I
I
~
~
~
'~~
~
~~
'~
,~
.~
\,~
';~:
2<:
,.~
II
,. >;~':\-:~:i~:'?' ":":'<'~"\~'1:> '~,,:, ";?~l~t\~'~~~~~'i@",'
:1
TENANT PYLON SIGN ELEVATIONS - TYPE A
NEW INTERNALLY ILLUMINATED PYLON DISPLAY WITH WATER FEATURE QTY. 1
TENANT CABINETS OF BRIGHT BRUSHED ALUMINUM WI SLEEVE FIT RETAINER SYSTEM
AND Vz" ACRYliC PUSH-THRU LETTERS WI DUO-TONE VINYL
VINYL APPLIED FIRST SURFACE.
INTERNALLY ILLUMINATED WITH H.O. FLUORESCENT LIGHTING
GLASS PANEL ILLUMINATION TO BE L.E.D. STRIP MOUNTED DOWN CENTER OF GLASS PANEL SECTION
CENTER WEDGE SECTION OF PYLON TO BE MONTEX FINISH PAINTED TO MATCH BUILDING COLOR 8523
AGED PARCHMENT
141-2"
,-~.. 5'-5"
..
41_2"
101-011
~I 9'-6"
2'-6" I
I" ~..
..
!
"Bassett
,__ uu.F.U.IUUTURE_DIRECT_
2'-1
21-0"
!2' 6"
MAX. HEIGHT(
,?ii:)
I
~
~
.M
~
~
~
,~
~
~
~
:~*
6~
lm
-~
c;.'
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';?
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...
--Lane
__ HOME FURNISHINGS
2'_611
1 2'-8" 1
.. ~
..
~~~\J "
D
CABINET: 1 VI "ANGLE IRON FRAME
2,3
SLEEVE FIT RETAINER
PUSH THRUACRYlIC
DISCONNECT SWITCH
~
23'-2"
\I,"ACRYLlC PUSH-THRU LETTERS
H,Q, FLUORESCENT ILLUMINATION
S"A HotSPfingO
'($ PoftabIe Spiis
ROUTED BRIGHT BRUSHED ALUMINUM SKIN
.032"PRE.PAINTED
WHITE ALUM, BACKING
@ All COMPONENTS U.l. LISTED
DOUBLE FACE CABINET (TYPICAL)
STANDARD CONSTRUCTION
'-"""-.
--I
30'-4"
IGH OUTPUT FLUORESCENT L1GHTNG
~-------
,
,
f;-:J'
'.
'1
~~._-- .,..- _"""J'""
0',.;
~::~
~\
t 0'-6"TYP.
~fu
R~
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q'f
.~
~
~
~
;t1
i
@
I
~
I
I
21-0"
41-0"
~
,..
0'-6"TYP.
21-0"
.,
7'-211
51~0"
~'-O"
----..----
1
!
I
t
'f
5'-2"-----.1.. 3'-10 1/2" ~I
I 5'-2" I
~- - ------.j..
~_ 5'-2"
ALL TILE 4X4 MANGANESE IRONS POT
TO MATCH EASTLAKE WALL
51-2"
*-
i
i
I
r-
-~
S I G N
301-0"
SYSTEMS
EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY &, 2005
1
SIGN ELEVATION SCALE 1/4" = 1'-J!".
I
3'-0"~
2'-~
o
~*
'.\
;\~
"~
5';:;.
,'",.
><~
\~
;;~
~
m
,;,>:i
;@
i1
'~t
I
=0'-6"
HillSIDE VIEW SCALE: 1/8" 1'-0"
S I G N
SYSTEMS
END VIEW STREET SIDE
..
30'-0"
.. ~~~~'t'1t.?&::'\'%~~~~\~:tt~~W;j"~'i&tmt~"&."i>";;~f.,,,Wi:{t>"-:.\';f~~;~~-C;~''kiij>>>>;''-'':-:::>':i;';>
;,;)\i:
,j , : , ,
, J ;1 t: i ,
\ :-1 ~~ l' ,
.' "i;;_'~,;X;\",:~'f:)-~:~>;:fb~?;,;~;y,~-'t1Li.: ~-_"~,:,,Gw.:f:;:L'.: :,_-~k__ -
Ii ~::::: jl
.. .
Q
I!!!~~"~
........(>,\
.'-' -"'........... .
~"...n"'----.;.;.'...""'~." -
...iled;'\---,
; __"*11I.... _..lIiiJe-
..........1I111!1';- .'"'C - -
......iII.Il~';c~.j-
......CI'Mii4t':.~O -
......Ii!il~(F
.......rGlIfii'.,
.....IIIiIiC~fS':,' "
......iIIl't!.':;iA~)<.
.......>>$"""" -
...:a;.&>:.-<;
SCALE: 1/4"- 1'-0"
.1
PYLON FRONT VIEW
EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY 6, 2005
2
I
~
~
~
~
~
'il
?%;
~
:,~
~;
~
-~
~
,".
;~
<;
II
EASTLAKE IDENTIFICATION SIGN SECTION OF WALL
I'"
14'-7"
.1
'>3
,~~.....................~~~------
.C;;,!ll-",'~~1,11.!~1"4 "'.......ilSfii');!
;4.._..lil::"~,n;:...LllrrIl':3.'-;;;'___ "Iii ill':<~,.'
~ ..~~.~r~~~~~...., ~~
1 -~ J-":". I! 1.111 .. .. ..1 I ~ ',-
11, 'il' J~.J1 h,'.' II.' .'_11' _I {;.'
,',;)~.......r".' J.........IU!lif:,_':
'7ilIlIll.................,liI\ ~,; ii
:~~~..................~~~
:..;'E$t;......I!'~/;II......lIiti{!;;'.'; .
~~........~-~~........~~~
'.t:E. !QRl......iJ:.1~j1...... il4IJS'i;
h........~~~~.........~~~
~~~......~~~~~~......~#;
"''''''..---------------... ...'",,, '.-, '"
,~"
;~{
~\,
~
EASnAKF & CHULA VISTA LETTERS TO BE HAUl LIGHT CHANNEL LETTERS Sr.AIF' '{'"=1'.0"
BACKS: .177" CLEAR LOON
RETURNS: 22 GA SHEET METAL
FACES: 22 GA SHEET METAL
PAINT: PAINT EXTERIOR OF LEffiRS BLACK
ILWMINATlON: USE 15MM 6500 WHITE NEON ANO 30MA TRANSFORMERS AS REQUlREO FOR PROPER
ILLUMINATION
.'~
.g
'''',~
~~
~~:;
'~
@
>:,~
I
:&
I
WESTERN SIGN SYSTEMS REOUIREMENTS FOR ELECTlUCAL
ILLUMINATION:
PRIIVIARY ELECTRICAL TO SIGN LOCATIONS IS TO BE PROVIDED BY
OTHERS. A DEDICATED CIRCUIT WITH NO SHARED NEUTRALS AND A
GROUND RETURNING TO THE PANEL IS REOUIRED FOR All
INSTALLATIONS
WESTER
)
~
Required By UL Standard #2161 And Western, All Transformers shall Be,
(GFI) Ground Fault-interrupted Transformers.
All Signs have-Dedicated Branch Circuit
- Three wires: Line, Neutral & Ground
- Wire Size: Minimum of 12 Ga, THHN Copper Wire
Also Note: Gauge of Wire is determined by the length of run & amperage as
per NEC article 300.
- Ground Wire must be continuos and go from the Sign to the panelboard
ground bus,
-voltage should read no more than 3 volts between ground and neutral.
. conduit can not be used as ground path.
- Power to sign must be done by a licensed electrician or electrical
contractor.
S I G N
SYSTEMS
~~~~~~~'\~~~~~,*~~%~~%Z~~1!0.::,\\'};~'}'%.ttJ:'%8?1:t%~%@CZt;i;~~;~,<,><,~...,:< <.~:......;t::'
=i
~
IH([TMHAlSCR[W
l_a''''')''''NT10MAfU<
LlTTERS
GlASS,lANO
CONDUIT LOCKN~T
GlO INS~LAnNG SLEEVE
3110'WAIi
If'''''ElAC.S
,L[CTROBljf>OUSINC.CAP
~
r
5'-0"
-----..
]" -\
>\,:~_:. "'~;S;:-0!:;;~,;b,>' \<;",-'.;':':''''' '<L::'~::/:j>\},f;'Yi;io,\\~: ::::~..:'\..'l,:,"i~':-::~tt1~t_\{..~ ,.
GRADE
r-
r
PYLON PLAN VIEW
16'-6"
12'-11"
30'-0"
SCALE: 1/8"= 11-0"1
~
I
~
.'~
'':5:"
.~~
.~
<%
t~
f~
c.';.,
i)'
~~:~
,\
'<
l_ EASTLAKE DESIGN DISTRICT SIGN
15/8"
PRIW.~'tL[CTRICAl F[[O
USII"')
15" CHANNEL TO RUN LENGTH
32'-811
GALVAN/Eo
TRAN5FORI,![RBOX
1<<
lOMllOOFIMALPoWl"
fACTORTRANSfOllMER
11"'MON,Cl[AAfROIoIBOTTOM
G"OO,," WIllE
WAlLIVE"IF'1
Nf"" Tu"lO:. ~
fHH'A1lJ_"Ml[ITERR[1u"N
WEWTO.O'Jo'AlUM,fllC( ---..
114'WEfPftOlfS
Sfl'Cl"'
';<JO SC"rW WI "10 ANCHOR
2"1.ONG
UL APPROVED INSTALLATION DETAIL
REVERSE CHANNEL LETTER WITH REMOTE TRANSFORMER l' = 1'-0"
EASTLAKE DESIGN DISTRICT SIGN PROGRAM
MAY 6, 2005
3
I
41-5"
.~
~i
-;,-~
';i(
,''c';
~':;~
'F
,\
,~
:&
~
.~
~
~
~
,~
~
~
~
I
I
y, PVC ~
VHB & SILICONE
MOUNT FLUSH
AGAINST WALL
I~
i
2'-4"
I
I
'f
-
APPROVED INSTALLATION DETAil
FLAT CUT OUT lETTERS l' = 1 '-0'
S I G N
SYSTEMS
,< ,i~~' <;~:::.:;;,:?'", \9t{:~e,':.~/"" ';~8;:<,0,t.~'0~,''t:':t;;[jft%/&~...''t~'</$A\.~~"w'''~'1ii:.~~~
14'-11"
I'
12'-311
CllY OF
CHUIA VISTA t
~ FLAT CUT OUT LETTERS '/,"PVC PAINTED BLACK
EASTLAKE TO BE HALO LIGHT CHANNEL LmERS- CHULA VISTA LETTERS TO BE FCO'S SCALE' 3;'''=1'_0''
BACKS: .177" CLEAR LOON
RETURNS: 22 GA SHEET METAL
FACES: 22 GA SHEET METAL
PAINT: PAINT EXTERIOR OF LETTERS BLACK
IllUMINATION: USE 15MM 6500 WHITE NEON AND 30MA TRANSFORMERS AS REQUIRED FOR PROPER
ILLUMINATION
CHULA VISTA LOGO: W PVC LETTERS & GRAPHIC PAINTED BLACK
I' .
EASTLAKEl
eSI n
4'-3"
.:
01-6"
~V?-
~
""--"""-"""-~
--::........~~
t-
1'-6"
WESTERN SIGN SYSTEMS REDUlREMENTS FOR ELECTRICAL IllUMINATION:
PRIMARY ELECTRICAL TO SIGN LOCATIONS IS TO BE PROVIDED BY OTHERS. A DEDICATED
CIRCUIT WITH NO SHARED NEUTRALS AND A GROUND RETURNING TO THE PANEL IS
REOUIRED FOR ALlINSTAUAllONS
Required By UL Standard #2161 And Western, All Transformers shall Be, (GFI) Ground Fault-
interrupted Transformers.
All signs have-Dedicated Branch Circuit
- Three wires: Une , Neutral & Ground
- Wire Size: Minimum of 12 Ga. THHN Copper Wire
Also Note: Gauge of Wire is determined by the lengtll of run & amperage as per NEC article
300.
-Ground Wire must be continuos and go from the sign to Ihe panelboard ground bus.
-voltage should read no more than 3 volts between ground and neutral.
- conduit can not be used as ground path.
_ Power to sign must be done by a licensed electricianoreleclrical contractor.
.
.
IS rlC
3"
15/8"
\
SHHT METAL SCREW
(#8XW') PAINT TO MATCH
LETTERS
..
PRIMARY ELECTRICAL FEED
V(EXISTINGJ
"""''''''''''''
. SWITCH IN PRIMARY.
CONDUIT WIRE SHIELD WITH LEADS
GOING TO REMOTE TRANSFORMER
GLASS STANO
CONDUIT LOCKNUT
GTO INSULATING SLEEVE
3116" CLEAR
LEXANBACKS
ELECIRo BIT HOUSING CAP
NEON TUBING
063" ALUMINUM LETTER RETURN
WELD To.090" ALUM. FACE
--.
~
114" WHP HOLES
REVERSE-PAN CHANNEL lETTER
FABRICATION/INSTALLATION DETAil
'-
~~'\~~~~~~t~~'~~~*i~{*:0\@\~"*-\'%~~~'~~*~~%~~~' ,{,~;,~;>
~
~
'Ill
.~
I
~
~
@1
~
':~~
':~
.~
'"
-1- 1'-5"
1'-0"
~:\~
GToWlRE
GALVANIZED
TRANSFORMER BOX
30 MA NORMAL POWER
FACTOR TRANSFORMER
(114" MIN. CLEAR FROM BOTTOM
GROUND WIRE
WALL (VERIFYj
SPACERS
#10 SCREW W! #10 ANCHOR
2"LONG
UL APPROVED INSTALLATION DETAIL
REVERSE CHANNEL LETTER WITH REMOTE TRANSFORMER l' = 1'.0"
EASTlAKE DESIGN DISTRICT SIGN PROGRAM MAY 6, 2005
4
II
TWO S/F MAIN ENTRANCE TENANT MONUMENTS - TYPE B
1 ~18
:1' "
J'>.';' <\\'S~':~,.;UJIt~'@:\0::X*;~?$.,~_1,Wt~(~~~~~"*'-~"'tW!1 .',
'_"u'''''''ff,"
"",_.,
ALUMINUM FABRICATION
'"WM"",,,,,,,,
.m:::::~:"_"" ---,.
QTY.2
NON ILLUMINATED RADIUS MONUMENT ALUMINUM CONSTRUCTION WITH TILE FACE TILE TO BE 4"X4" MANGANESE IRONSPOT TO
EASTLAKE WALl. TENANT NAMES TO.BE )I,,"BRUSHED ALUMINUM FLUSH MOUNTED WI VHB TAPE AND SILICONE NON IllUMINATED.
INTERNALLY ILLUMINATED MONUMENT WITH ILLUMINATED GLASS PANELS WILED ILLUMINATION, EASTLAKE TEXT AND LOGOJO BE.HALO LIGHT CHANNEL LETTERS .
LIGHTED MONUMENT TO HAVE MONTEX FINISH PAINTED TO MATCH BUILDING COLOR 8523 AGED PARCHMENT
WALl: TO HAVE COVE LIGHTING CHANNEL AT TOP
TENANT LOGOS WILL BE APPLIED AS SPACES ARE LEASED. LOGOS WILL START FROM THE MIDDLE OF THE WALL AND SPREAD OUTWARD IN
BOTH DIRECTIONS EVENLY.
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Western Sian Reauirements Far Electrical Illumination:
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Required by Ul Standard #2161 and Western Sign, all Transformers shall be. (gfi) Ground Fault-
interrupted Transformers.
All Signs Have -dedicated Branch Circuit
- Three Wires: line. Neutral & Ground
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Also Note: Gauge Of Wire Is Determined By The Length Of Run & Amperage As Per Nec Article 300.
- Ground Wire Must Be Continuos And Go From The Sign To The Panel board Ground Bus.
- Voltage Should Read No More Than 3 Volts Between Ground And Neutral.
- Conduit Can Not Be Used As Ground Path.
- Power To Sign Must Be Done By A Licensed Electrician Or Electrical Contractor.
DfF INTERNAllY IllUMINATED TENANT MONUMENT SIGNS - TYPE C
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EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY 6, 2005 6
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EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY 6, 2005 7
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CITY COUNCIL AGENDA STATEMENT
Item: / Cj
Meeting Date: n1l121!O~
ITEM TITLE: PUBLIC HEARING: Consideration of the following applications filed by
Sudberry Properties for 13.3 acres at the northwest comer of EastLake
Parkway and Miller Drive within the EastLake II Planned Community:
a) GPA 04-04: Amendment to the City of Chula Vista General Plan to
change the land use designation of approximately 13.3 acres from
Research & Limited Industrial to Retail Commercial.
b) PCM 04-14: Amendments to the EastLake II General Development
Plan (GDP), EastLake 1 Village Center North Supplemental
Sectional Planning Area Plan, and EastLake II Planned Community
District Regulations and Land Use Districts Map and associated
regulatory documents.
RESOLUTION: adopting the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program IS-04-027; approving
amendments to the City's General Plan; EastLake II General Development
Plan, EastLake 1 Village Center North Supplemental Sectional Planning
Area (SPA) Plan, and associated regulatory documents for 13.3 acres at the
northwest comer of Miller Drive terminus and EastLake Parkway.
SUBMITTED BY:
ORDINANCE: approving amendments to the EastLake II Planned
Community District Regulations and Land Use Districts Map for 13.3 acres
at the northwest comer of Miller Drive terminus and EastLake Parkway.
Director OfPI~g and Building ~ (4/Sths vote: Yes_No Xl
City Manager j?;.J '\
REVIEWED BY:
The applicant, Sudberry Properties, Inc., proposes to develop and construct a high-end upscale
retail commercial center (aka EastLake Village Walk) directly north of the highly successful
EastLake Marketplace commercial center (also developed by Sudberry Properties) at Otay Lakes
Road and EastLake Parkway. The proposed EastLake Village Walk will be an upscale retail
center that features a gourmet market, specialty market, major bookstore, high-end sit down
restaurants, a food court surrounding a water feature. There will be multiple high-end retailers as
well as intimate upscale shops, and service tenants or offices. Residents currently have to drive
out of Chula Vista to obtain the goods and services that Village Walk will provide. Both staff
and the developer believe that the urban design and amenities of the Village Walk will be unique
in the San Diego region and southern California.
15-1
Page 2, Item:
Meeting Date: 'V7Vno;
IS-
The applicant has submitted applications to: I) amend the City's General Plan to change the land
use designation of approximately 13.3 acres at northwest comer of EastLake Parkway and Miller
Drive from Research and Limited Manufacturing to Retail Commercial; 2) amend the EastLake
II General Development Plan to change the land use designation of 13.3 acres from Research
and Limited Manufacturing to Retail Commercial; and 3) amend the EastLake II Planned
Community District Map change 13.3 acres from Business Center (BC-3) to Village Center (VC-
la), and the EastLake II Planned Community District Regulations to accommodate the changes
in land use.
The applicant is also requesting amendment to the 68.1-acre EastLake I Village Center North
Supplemental SPA Plan and associated regulatory documents for the northerly 13.3 acres known
as "The EastLake Village Walk". The SPA amendment contains revisions to the Supplemental
SPA Plan, Design Guidelines, Public Facilities Finance Plan, Water Conservation and Air
Quality Improvement Plans (see Attachment 4).
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has conducted an Initial Study, 1S-04-027 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, 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, 1S-04-027 (see Attachment 3).
RECOMMENDATION:
That the City Council:
1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
(1S-04-027) issued for the Project; and,
2. Approve the proposed amendments to the General Plan and EastLake II General
Development Plan and Planned Community District Regulations and Land Use Districts
Map; and,
3. Approve the amendments to the EastLake I Village Center North Supplemental SPA Plan and
associated regulatory documents pertaining to the 13.3-acre northerly portion known as the
EastLake Village Walk.
BOARDS AND COMMISSION RECOMMENDATION:
On July II, 2005, the Resource Conservation Commission (RCC) reviewed the Mitigated Negative
15-2
Page 3, Item: ) :;;.
Meeting Date: Rf?YO'i
Declaration (MND, IS-04-027) and after hearing staff's presentation, recommended adoption of
the Mitigated Negative Declaration.
On July 27, 2005, the Planning Commission considered the GPA, GDP and SPA amendments,
and after hearing staff's presentation, voted 5-0-0-2 (Hall and Madrid absent) to recommend that
the City Council adopt the Mitigated Negative Declaration and its attendant Mitigation
Monitoring and Reporting Program, and approve the above referenced amendments.
The Commissioners expressed support for the project. Several Commissioners commented that
the proposed land use change would result in a loss of potential higher wage jobs under the
existing Industrial land use designation. However, based on the relatively small amount of
acreage (5%) loss of Industrial land in comparison to the total Industrial base in EastLake 1 and II
Business Center, the Commissioners felt that the proposed land use change would not have a
detrimental effect.
Several Commissioners asked for clarification on the required traffic improvements listed in the
MND, which were non-project specific. Marui Borg, Environmental Project Manager, explained
that the required improvements and TDIF were related to the project's fair share contribution of
the project's cumulative impacts.
DISCUSSION:
1. Background
The EastLake 1 General Development Plan (GDP) and Sectional Planning Area (SPA) Plan were
originally adopted in 1984 and included the neighborhoods known as EastLake Shores, EastLake
Hills, EastLake Village Center, EastLake Business Center, and the northern portion of EastLake
Greens. This SPA was later incorporated into the EastLake II General Development Plan when
the separate EastLake Greens SPA was adopted.
In 1992, the City Council approved amendments to the EastLake II General Development Plan
and EastLake 1 SPA Plan adopting a new plan for the "EastLake 1 Activity Center". The concept
plan included: 1) a neighborhood (Yon's) shopping center (south of Otay Lakes Road); 2) a
mixed-use entertainment and service oriented village center (east and west side of EastLake
Parkway); and 3) a major hospitall medical center (Kaiser).
The Von's commercial center was constructed. The remaining components of the Activity
Center were not developed. The EastLake Company acquired the property and proposed a new
plan for the 68.l-acre area north of Otay Lakes Road.
The new concept was introduced and outlined more specifically in a supplemental SPA Plan
known as "The EastLake Village Center North" and associated regulatory documents prepared
15-3
lc'--
Page 4, Item: 1 :::;.
Meeting Date: l\/?VO'i
for this planning area. That Supplemental SPA plan included specific design guidelines for each
parcel, replaced the previously adopted Activity Center Precise Plan Guidelines and all other
associated regulatory documents.
Subsequently, in July, 2002 the City Council approved amendments to the EastLake II General
Development Plan and Planned Community District Regulations, and EastLake I SPA Plan;
including the adoption of the EastLake I Village Center North Supplemental SPA plan,
comprising 68.1 acres located at the northwest and northeast comer of EastLake Parkway and
Otay Lakes Road (see Figure 1, Attachment 2a).
The 68.1-acre EastLake I Village Center North Supplemental SPA plan is comprised of a 38.1-
acre parcel (VC-1) designated as Retail Commercial, a 16.4-acre parcel (E-IO) designated as
Industrial Research and Manufacturing located west of EastLake Parkway, and a 13.6-acre parcel
(VC-2) designated as Professional-Administrative Commercial located east of EastLake
Parkway.
The 38.l-acre Retail Commercial portion, which was also developed by Sudberry Properties as
"The EastLake Village Marketplace" with a Target and Lowe's home improvement center as the
major anchor tenants. Several sit down restaurants and other food facilities, financial
institutions, in-line retail shops, and a full service gas station provided important goods and
services to the residents ofEastLake and surrounding communities (see Locator).
As a result of The EastLake Village Marketplace commercial center development, in July 2003,
the City Council approved amendments to the EastLake II General Development Plan, EastLake I
Village Center North Supplemental SPA plan and EastLake II Planned Community District
Regulations to change the easterly 13.6-acres from Professional Administrative to Commercial
Retail to accommodate additional office/retail uses known as the "EastLake Village Center East
or Kohl's commercial center". The parcel has been developed with a Kohl's department store,
and offices, retail shops and food establishments.
The southeasterly 3.1 acres of the 16.4-acre (E-lO) parcel has been approved for a 36,000 sq. ft.
medical/office building, which is under construction.
At this time, Sudberry Properties, Inc. is requesting the above mentioned amendments to
accommodate "The EastLake Village Walk" specialty retail center. The applicant has submitted
a Design Review application for the proposed 13.3-acre specialty retail center, which must be
considered and approved by the Design Review Committee. The project is targeted for
consideration by the DRC in September/October, 2005.
15-4
,/
Page 5, Item: I:;
Meeting Date: !V?YO'i
2. Existing Site characteristics
The Project involves the northerly 13.3 acres of the 68.1 acres EastLake I Village Center North
Supplemental Sectional Planning Area, at the northwest corner of EastLake Parkway and Miller
Drive terminus hereafter referred to as the "EastLake Village Walk" (see Locator).
The parcel is presently vacant and has been mass graded in conjunction with the EastLake I
mass-grading program, and recently re-graded under an approved remedial grading permit. After
the most recent grading, the site is situated approximately 20 feet above the 38.1 acres Village
Marketplace commercial center. The site drains west to a catch basin located at the southwest,
then runoff is piped to the detention basin at the southwest corner of the Village Marketplace
commercial center.
Surrounding Land Uses
Site
General Plan CV Municipal PC District Land Existing Land Use
Code Zonin~ Use Deshmation
Industrial Research PC, Planned
& Manufacturing Community Business Center Vacant
Industrial Research PC, Planned Business Center Industrial, EastLake
& Manufacturing Community Parkway
Commercial Retail PC, Planned Village Center EastLake Village
Community Walk commercial
center
North
South
East Industrial Research PC, Planned Business Center, Medical Office
& Manufacturing Community Village Center building under
construction,
Industrial, EastLake
Parkway
West Open Space PC, Planned Open Space Vacant, Future SR-
Community 125 Freeway
3. Proj ect Description
The proposed project includes amendments to the City's General Plan, the EastLake II General
Development Plan, EastLake I Village Center North Supplemental Sectional Planning Area Plan,
15-5
15
Page 6, Item:
Meeting Date: R/?ync;
and the EastLake II Planned Community District Regulations and Land Use Districts Map. The
proposed amendments are more specifically described in the following paragraphs.
(;",n",".l Pl.n Am",nnm",nt:
Change 13.3 acres from Research & Limited Manufacturing to Commercial Retail (See Figure 2,
see Attachment 2b).
F..tT .k", TT (;p,n"'T.l nev",lnpm",nt Pl.n Am ",nnm p,nt ,
.
Change 13.3 acres of the northern 16.4 acres from Industrial Research & Limited
Manufacturing (IR) to Retail Commercial (CR), consistent with the proposed General Plan
(See Figure 3, see Attatchment 2c).
Minor text and statistical changes to reflect the proposed land use change.
Revise GDP diagram to reflect the proposed land use change (see page 1.1.8-3, General
Development Plan Tab, Attachment 4)
Reduce the Research and Limited Manufacturing acreage from 247.3 acres to 234 acres,
reflecting net loss of 5% of Research and Limited Manufacturing within the EastLake
Business Center I and II.
Increase the Retail Commercial acreage from 67.0 acres to 80.3 acres, reflecting a net gain of
almost 20% within the EastLake I Activity Center.
.
.
.
.
F..tT .k", T Vill.ge rent"'T Nnrth Supplement.l Sectinn.] Pl.nn;ng ATe. Pl.n (SPA) Site
TTtili7}1tlnn Phm Amp.nnment-
.
Change the parcel identification of the northern 13.3-acre portion from Village Center
Employment (E-lO) to Village Center (VC-l) (See Figure 4, see Attachment 2d).
Revise SPA diagram to reflect the proposed parcel identification change (see page II.2.1-l4,
SPA Plan Tab, Attachment 4).
.
F..tT .k", T S",c.tinn.l Pl.nning ATe. SPA pl.n - Text Amp,nnmp,nt..
The proposed amendments reflect the change in land use for the northerly 13.3 acres portion of
the EastLake I Village Center North Supplemental SPA plan (see Attachment 4). The amended
Supplemental SPA plan contains Design Guidelines, Public Facilities Financing Plan (pFFP), Air
Quality Improvement Plan (AQIP), Water Conservation Plan (WCP).
F..tT ",k", TT Pl.nnen ni.tric.t RegJlI.tinn. - T .nn IT.", ni.tric.t. M.p Amp,nnm",nt..
.
Introduce new Land Use District VC-la (see Figure 5, see Attachment 2e).
15-6
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I'
Page 7, Item: .~
Meeting Date: Rpyn..
.
Change 13.3 acres of the northern 16.4 acres from Business Center (BC-3) to Village Center
(VC-1 a). Adjust the land use district boundaries to reflect the GDP and SPA land use changes
(see Land Use Districts Map, PC District Regs. Tab, Attachment 4).
F~stT ~ke TT Pbnnen Di,trir.t RegJllMions - Text Amennments'
In addition to various, minor clean-up type amendments, the project includes the following text
amendments:
Se"tion m. pffllTlitten TJ,es - Vilbge renter'
Page III-3 to III-6 Replace the defInitions of the permitted, not permitted, and Conditional
Permitted Uses (CUP), associated with the introduction ofa "VC-1a" land use district. The new
VC-1a land use district identifIes the type and size of uses allowed within the "specialty retail"
district, distinct from the other (VC) Village Commercial land use districts (see page PC District
Regs. Tab, Attachment 4).
4. Analysis
The EastLake Village Marketplace (developed by Sudberry Properties) and the Kohl's center
have been highly successful. However, the demand for commercial space and maximum capacity
of these two properties cannot accommodate additional retail uses which the community desires.
The proposed Village Walk specialty center will provide upscale specialty retail, which
compliment the Village Marketplace and Kohl's center, and complete the "town center"
component of the EastLake community. The proposed major tenants include a 25,000 sf gourmet
market and a 12,000 sf specialty market, an 18,000 sf bookstore, multi high-end sit down
restaurants, a foodcourt surrounding a water feature, multiple retailers ranging in size from
18,000 sf to more intimate upscale shops, and service tenants or offIces.
The Activity Center is framed by EastLake Parkway, especially with the community trai110cated
on the west side of the road, which currently serves as the primary pedestrian corridor to
EastLake Shores. Due to its proximity to the EastLake Shores residential community to the west,
The Eastlake Village Walk will act as a gateway entrance into the town center for EastLake' s
west side residents, and connect to the town center along the EastLake Parkway corridor (see
Locator) .
The EastLake Village Walk architecture, landscape design, site amenities, and gathering places
would be unique in Chu1a Vista and among the fInest commercial center design in all of San
Diego County. The proposed design of the center and enhancements to EastLake Parkway, types
of shops and gathering places will encourage pedestrian activity.
15-7
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Page 8, Item: I:::.
Meeting Date: Rf7Voc;
Gffl1eT~l P1::m Amennmp.nt"
The proposed amendment to the General Plan consist of changing 13.3 acres from Research &
Limited Manufacturing to Retail Commercial to accommodate the new EastLake Village Walk
specialty retail center proposed by Sudberry Properties, Inc..
The site is situated between the EastLake Shores residential community and EastLake Village
Marketplace commercial center. Its proximity between these two areas serves as a gateway from
the residential neighborhood and provides continuity to the town center (i.e. Village Marketplace
and KoW's center). The southerly portion of the site adjacent to the Village Marketplace
commercial center, and westerly proximity to the EastLake Shores residential community,
connected by EastLake Parkway overpass across SR-125 are the basis to support the requested
amendment (see locator). The proposed land use change will provide an additional 13.3 acres of
specialty retail uses that are not currently available within the EastLake Community.
The relatively small percentage (5%) loss of Industrial area within the EastLake Business Center
I & II will not be detrimental to the Industrial base within the City of Chula Vista.
F~~tT .:.1cp. TT nP.nP.T::Il nevelnpmp.nt Pl::m AmP.T1nmP.nt-
The proposed amendment to the General Development Plan consist of changing 13.3 acres from
Research & Limited Manufacturing to Retail Commercial, consistent with the General Plan
amendment request. As mentioned above, the orientation and configuration of the subject site
allows for continuity along EastLake Parkway, and provides a good transition from the EastLake
Shores residential community to the west and the Village Marketplace commercial to the south.
The additional Retail Commercial acreage will allow for a specialty retail center providing goods
and services (that currently do not exist) to serve EastLake residents and the city as a whole.
FH~tT Hkp. T VillHgp. rp.ntp.r North SnpplP.mp.ntHl SP A Pl"n.
The EastLake Village Center North, which is also referred to as the EastLake I Activity Center in
the adopted SPA plan, is located within the EastLake I SPA and functions as the town center for
the EastLake Planned Community, intended to serve the business center within the SPA and the
EastLake Planned Community as a whole. The addition of the13.3-acre Village Walk specialty
retail center, combined with the constructed 38.1-acre Village Marketplace and 9.3-acre KoW's
commercial center would enhance the overall town center synergy.
This amended Supplemental SPA defines the development parameters, including the
implementation of the proposed GDP land use designation, urban design criteria, circulation,
public facilities, Water Conservation Plan, Air Quality Improvement Plan and other necessary
components to ensure the proper integration of the Village Walk into the existing surrounding
residential, commercial and industrial uses.
15-8
Page 9, Item: I ~
Meeting Date: Rpyor;
The following paragraphs describe in more detail some of the proposed amendments to the
EastLake I Village Center North Supplemental SPA plan. .
T ~nc1 TT<p..
Under the adopted EastLake II General Development Plan, , the northerly 16.4 acres of the
EastLake Village Center North is designated as IR, Research & Limited Manufacturing. The
proposed land use change from IR, Research & Limited Manufacturing to CR, Retail
Commercial is intended to provide additional retail space, tied together by common urban design
features and urban design guidelines to the southerly (EastLake Marketplace) and easterly
(Kohl's) centers. The land uses have been crafted to provide independent development
parameters and guidelines between the retail commercial parcels, but complementing each other
as the area is fully developed.
rirC:111Minno
The EastLake Village Walk will be served by EastLake Parkway. The main access is aligned
with Miller Drive intersection (see Attachment 4, SPA Plan tab).
Regional access will be provided primarily by 1-805 located approximately 5 miles to the west,
and eventually by the future SR-125, immediately adjacent to the west. The timing for
installation of required improvements and financing mechanism are discussed in the Village
Center North Public Facilities Finance Plan (Attachment 4, PFFP Tab).
Street improvements required to serve the project are identified in the PFFP. These
improvements include a new traffic signal at the Miller Drive/EastLake ParkwaylProject
Driveway intersection, new intersection geometry that includes 250 feet of capacity in the
northbound left-turn lanes, and new lane geometrics at the Otay Lakes Road/Vons Driveway
intersection (see Figure 10-1 ofMND, Attachment 3).
np.!':ie:n GlliciF,linp.~.
The EastLake Village Center North Design Guidelines will be updated to include the conceptual
design for the EastLake Village Walk specialty retail center, to ensure that the physical
appearance will compliment the type of developments envisioned and constructed such as
medical office complex within the northeasterly 3.1 acres, the EastLake Marketplace commercial
center within the southerly 38.1acres, and the Kohl's commercial center complex with minor
retail uses within the easterly 9.3 acres. The EastLake Village Center North Design Guidelines
stipulate design parameters that pertain to site planning, landscape architecture, architecture and
signage for the 13.3-acre subject site.
In addition, the EastLake Village Center North Design Guidelines feature design elements such
as trail nodes along EastLake Parkway Thematic Corridor Trail System, which consist of
textured paving, seating/rest areas and canopy trees. The proposed trail system also considers
15-9
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Page 10, Item: /6
Meeting Date: IV?Voc;
potential for future transit facilities. These elements are intended to promote pedestrian activity.
The urban design elements for the EastLake Village Walk compliment the overall EastLake
Village Center North Design Guidelines, promoting a well-designed commercial center, which
will serve as a landmark "Gateway" to the EastLake Planned Community.
The EastLake Village Center North Design Guidelines include a Park & Ride facility, pedestrian
oriented trail system, landscaping and signage, water features and community open space areas
such as courtyards, patios, pergolas, and trellises to encourage pedestrian interaction within the
EastLake Village Center Design Guidelines.
The Design Guidelines contain illustrations and guidelines to implement the design ideas
presented therein. Some of the urban design guidelines include land use diversity, site
development character and conceptual building/parking/open space relationships within the
project. Because of the importance of unifying themes and designs over an extended period of
time until full build out, the Design Guidelines will be utilized to ensure overall consistency
while allowing for flexibility on the part of the Design Review Committee at the detailed site
plan level.
Vilbgf' r""tP.T North Sl1pplp.mp.nt~l Pllhli" F~,,;litip.. Fin~n"p. Pl~n'
The proposed Public Facilities Financing Plan (PFFP) has been prepared by City consultants
based on water, sewer, traffic, drainage, biology and other technical studies. As required by the
City's Growth Management Ordinance, the proposed amendment to the EastLake Village Center
North Supplemental PFFP analyzes the impact of the project on public facilities and services and
identifies the required public facilities and services needed to serve the I3.3-acre EastLake
Village Walk parcel ("Project") to maintain consistency with the City's Quality of Life Threshold
Standards. The PFFP describes in detail the cost, financing mechanism and timing for
constructing public facilities.
The public facilities needed to serve the project will be guaranteed by placing conditions of
approval on the tentative parcel map, payment of DIF fees at the building permit stage, and/or
utilizing Community Facilities Districts to finance or maintain the public facility.
TT~n~pnrt~tinn'
Based on the Traffic Impact Analysis prepared for the EastLake Village Walk project by the
City's traffic consultant, Linscott, Law & Greenspan, dated February 2,2005, the adopted BC-
3/E-IO parcel is anticipated to generate a total of 15,404 daily project trips. The traffic
generation of the entire BC-3/E- IO parcel was analyzed in order to compare and update the
findings of the February 2005 traffic report to the previously prepared traffic analysis for the
EastLake Village Center North project (Linscott, Law & Greenspan, May 2002) which included
the same parcel. Excluding the approved medical office building, which is located on a portion
of the BC-3/E-IO site and has been approved, the proposed project would generate 13,304 ADT
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,,....
Page 11, Item: I.:::>
Meeting Date: lV'yoc;
without considering transit and pass-by trip reduction. The PFFP uses a total of 13,304 daily
trips for the land use change from BC-3 to VC-l.
The City's Traffic Threshold Standard specifies that a Level of Service (LOS) of C or better, as
measured by average travel speeds on the arterial roads, shall be maintained with the exception
that during peak hours LOS D can occur for no more than two hours of the day or LOS Elf for
one hour, The traffic impact analysis for the proposed project determined that the intersections of
Otay Lakes Road/Vons Driveway and Eastlake ParkwaylMiller Drive would operate at LOS E or
F during peak hours and therefore would not meet the City's Traffic Threshold Standard.
As presented in the Mitigated Negative Declaration, street improvements are required to reduce
potential direct and cumulative traffic impacts to below significance. These street improvements
are provided in the PFFP. Specifically, these improvements include a new traffic signal at the
Project DrivewaylMiller Drive/EastLake Parkway intersection, new intersection geometry that
includes 250 feet of capacity in the northbound left turn lanes, and new lane geometry at the off-
site Otay Lakes Road/V ons Driveway intersection. Cumulative traffic impacts would be
mitigated to below significance through TDIF contributions for the widening of Otay Lakes Road
from H Street to Telegraph Canyon Road and widening of Otay Lakes Road from Bonita Road to
H Street, in accordance with the Mitigation Monitoring and Reporting Program for the EastLake
Village Center North MND (IS-02-042).
In addition, the EastLake Village Walk project will be conditioned to pay Transportation DIF
fees( $185,325/Comrnercial Acre), and Traffic Signal Fees ($25.59 per vehicle trip generated per
day) at the rate in effect at the time building permits are issued for the project. .
With the construction of the project level street improvements and with the payment ofTDIF and
traffic signal fees listed above, the City's Quality of Life Threshold Standards will be maintained
at a Level of Service C or better at all key study intersections and street segments, and potential
direct and cumulative traffic impacts will be mitigated to below significance.
nr~in::lgp.'
The 13.3-acre site lies within the Telegraph Canyon Drainage Basin. The basin is improved with
flood control facilities that runs parallel to Telegraph Canyon Road. Presently, runoff from the
Telegraph Canyon watershed is detained onsite, within the EastLake Village Center North
property, in a regional detention facility. Per the Hydrology Study for EastLake Village Walk,
dated June 6, 2005, by Hunsaker & Associates, which updated the previous report dated March 4,
2002, the existing onsite basin attenuates the 100-year developed peak inflow of 853 cfs to a
routed peak flow rate of 522 cfs. Downstream drainage facilities along Telegraph Canyon have
been sized based on the attenuated flow rate,
The project will be conditioned to provide for the conveyance of storm water flows in accordance
with City standards, policies and requirements. Sedimentation basins, on-site erosion protection,
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Page 12, Item: I::::>
Meeting Date: lV7VOC;
urban runoff treatment, and ongoing maintenance will be provided as a condition of the project.
In addition, prior to the approval of the Final Map, the applicant shall pay the Telegraph Canyon
Drainage DIF ($4,579/acre).
WMffl"'
The total projected potable water demand for the Village Center Walk project is approximately
23,740 gallons per day. There is no increase in demand since this is the same amount that was
projected by the previous project. The commercial fire flow is 5,000 gpm flow for 5 hours,
which meets the City's requirements.
The Otay Water District will provide water service for EastLake Village Center North project.
Annexation into hnprovement District 22 will be required prior to water service being provided.
The Otay Water District has facilities in the vicinity of the project that can provide water service.
The District will also provide recycled water to the proj ect for landscape irrigation and other
uses.
~p.wp.r.
Sewer service to the project site is provided by the City of Chula Vista. The project will connect
to the existing l5-inch diameter Telegraph Canyon Trunk Sewer in Otay Lakes Road either
directly or via a sewer line located in EastLake Parkway. The sewer analysis for the EastLake
Village Walk project determined that the land uses of the proposed project would result in a
reduction in sewage flow from those planned in previous studies. Because of the reduction in
flows, the planned improvements to the Telegraph Canyon Trunk Sewer will accommodate
project flows.
The City holds capacity rights of 20.875 mgd in the San Diego Metropolitan Sewerage System
(METRO). The average flow for Chula Vista into the METRO during 2003 was approximately
15.951 mgd. The 2003-2004 GMOC Report projects the average city flow to increase to 19.508
mgd by the end of 2007. The forecasted city-wide development will reduce the existing city
sewer capacity surplus from 4.924 mgd to approximately 1.122 mgd. The city intends to pursue
acquisition of additional capacity from the City of San Diego' Metropolitan System for the city's
buildout. The sewer service charges for this development will be assessed based on the quantity
and quality of effluent that will be generated from the site.
Eire.:
Development of the EastLake Village Walk project is not anticipated to change the need for fire
service in the area. Interim Fire Station #8, located at 975 Lane Avenue in EastLake Business
Center I would be the primary station to serve the project. In the long term, Fire Station #8 will
be reconstructed in EastLake Woods.
S~h()ol~ T ;hr~np:~ :::Inn P~Tk~.
.
The proposed project will not generate an increase in dwelling units or population in the project
15-12
,r
Page 13, Item: ' .:;>
Meeting Date: R/,YO'i
area. Therefore, the development will not result in a need for new schools, libraries or parks.
However, the applicant will have to pay school fees at the rate in effect at the time building
permits are issued.
FHStT Hke IT PlHnnen rnmmllnity nistri~t RegJ,lHtinns Amennments'
The EastLake II Planned Community District Regulations function as the zoning regulations for
the project. The PC District Regulations provide standards and regulations to guide the
development of the project. These regulations are applied in conjunction with the EastLake
Village Center North Design Guidelines to ensure the uses within the project are compatible and
well designed.
The EastLake II Planned Community District Regulations adopted originally in 1985 and
amended in 2002 to allow the EastLake Village Center North project, cover all ofEastLake Hills,
Shores, Business Center and the Greens and Trails. This amendment (consisting the introduction
of a new land use district VC-Ia) only affects the northerly 13.3 acres changing from industrial
uses to commercial, which occur in the EastLake Village Walk portion of the EastLake I Village
Center North town center,
The amendments consist of eliminating certain uses such as Automobile sales and services,
carwash, gas stations, drive-through restaurants, athletic recreational facilities, and box retail,
which are allowed within the Village Marketplace commercial center (VC-I). Also, Department
store size is limited to 50,000 sq, ft. or less, and veterinary office/hospital prohibits overnight
boarding for non-medical purposes. These restrictions within the Village Walk parcel are
intended to promote a more specialized and pedestrian-oriented center, in contrast to the larger
box retail Village Marketplace commercial center to the south, The remaining provisions of the
EastLake II Planned Community District Regulations remain unchanged.
W;1t~r rnn~p.rvMi()n Phmo
The City's Growth Management Ordinance requires the preparation of a Water Conservation
Plan for all major projects in accordance with the City's Water Conservation Plan Guidelines
adopted in May 2003. The total water demand for the entire EastLake Village Center North area,
including the Village Walk commercial land use change remains unchanged at 0.122 MGD.
Numerous features have been included in the proposed project to minimize the'use of water
during the construction and operation of the project. The estimated potable water savings with
conservation measures is .0146 MGD or 12%. In addition, the use of water efficient landscape
and irrigation systems results in a 12.3% recycled water savings.
The water conservation measures incorporated into the project are State mandated fixtures and
devices and irrigation of landscaping with recycled water. Water conservation measures as
required by the City's WCP Guidelines include hot water pipe insulation, pressure reducing
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Page 14, Item: I .:l
Meeting Date: 'V'Voo;
valves, water-efficient landscaping and water-efficient irrigation systems.
The EastLake Village Center North Water Conservation Plan demonstrates the value in
incorporating all feasible water conservation measures in the buildings and irrigation systems for
commercial development. The implementation of these measures will contribute to preserving a
valuable natural resource (see Attachment 5, SPA Binder Tab).
Air Q"~lity Tmprov"m"nt Pbn (AQTP).
An Air Quality hnprovement Plan was prepared for the project in accordance with the City's
General Plan Growth Management Element (GME) to meet federal and state air quality
standards. To implement the GME, the City's Growth Management Program requires that major
commercial/industrial projects prepare Air Quality hnprovement Plans for all SPA Plans. The
AQIP includes an assessment of how the project has been designed to reduce emissions as well
as identify appropriate mitigation measures.
The design concepts described and implemented in this AQIP for the Village Center North
Supplemental SPA are essentially the same as those identified in a pilot study recently conducted
by the city to develop meaningful air quality improvement measures. The developer of the
project has committed to the first option in Chula Vista's AQIP Guidelines and will participate in
the Greenstar Building Efficiency Program. The majority (50% or greater) of the structures shall
be designed to exceed the Califomia 2001 Title 24, Part 6, Energy Efficiency Standards (CA
9110, effective 6/1101) Title 24 by 10% (see Attachment 5, SPA Binder Tab).
4. Conclusion
For the reasons stated above, staff recommends that the City Council adopt the Mitigated
Negative Declaration (lS-04-027) and its attendant Mitigation Monitoring and Reporting
Program and adopt the land use amendments as stipulated in the City Council Resolution and
Ordinance.
FISCAL IMPACT
The applicant has paid for all costs associated with the processing of the GP A , GDP and SPA
amendments and will be responsible for paying corresponding Development hnpact fees and
other applicable development and processing fees, as they may be amended from time-to-time.
Based upon the applicants sales tax projections, it is anticipated that the fiscal impact of
developing the Village Center East project will be positive, with nearly $5,000 of sales tax
projected annually.
15-14
Page 15, Item:
Meeting Date: RP:VO<;
15"
A tt::H~l1Tnp.nt,
1. Planning Commission Resolution
2. Figures (Attachment(s) 2a-2e)
3. Mitigated Negative Declaration and attendant Mitigation Monitoring and Reporting Program
4. EastLake Village WaIk GDP & SPA amendments - document
5. Disclosure Statement
J:\Planning\StanD\Eastlake\ViIlage Walk\Reports & Resos\CC Agenda Aug. 23, 05 (2).doc
15-15
PROJECT
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Boswell Rd
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C HULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT PROJECT DESCRIPTION:
~ APPLlCAN1: Sudberry Properties Inc. GENERAL PLAN AMENDMENT
PROJECT Eastlake Pkwy @ SR-125
ADDRESS: Request: Proposal a GDP & GPA amendment & Environmental Raview to
change 13 acres of Easijake Village Walk at Easijake from Research & Limited
SCALE: FILE NUMBER: Manufacturing to Retail Commercial.
NORTH No Scale GPA-04-04 Related cases: PCM-04-14
v
J .\planmng\cartos\locators\gpa0404.cdr 07.13.05
ATTACHMENT 1
Planning Commission Resolution
15-17
RESOLUTION NO. GPA-04-04/PCM-04-14
RESOLUTION OF TIffi CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM IS-04-027; APPROVE AMENDMENTS TO THE
CITY'S GENERAL PLAN, EASTLAKE II GENERAL DEVELOPMENT PLAN,
EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND
LAND USE DISTRICTS MAP, AND THE EASTLAKE I VILLAGE CENTER
NORTH SUPPLEMENTAL SECTIONAL PLANNING AREA SPA PLAN AND
ASSOCIATED REGULATORY DOCUMENTS FOR THE NORTHERLY 13.3
ACRES (AKA VILLAGE WALK) AT THE NORTHWEST CORNER OF
EASTLAKE P ARKW A Y AND MILLER DRIVE TERMINUS.
WHEREAS, on March 17,2004, a duly verified application was filed with the City ofChula
Vista Planning Department by Sudberry Properties, Inc. ("Developer"), requesting approval of
amendments to the City's General Plan, EastLake II General Development plan, EastLake II Planned
Community District Regulations and Land Use Districts Map, and the EastLake I Village Center
North Suppl=ental Sectional Planning Area (SPA) plan and associated regulatory documents,
including design guidelines, public Facilities Finance Plan, Air Quality Improv=ent plan and Water
Conservation plan for the northerly 13.3 acres located at the northwest corner ofEastLake Parkway
and Miller Drive intersection ["Project); and,
WHEREAS, the area ofland which are the subject of this Resolution are dIagrammatically
represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly known as
EastLake Village Walk, and for the purpose of general description herein consist of 13.3 acres at the
northwest corner of EastLake Parkway and Miller Drive intersection within the EastLake Planned
Community ("Project Site"); and,
WHEREAS, the Envirorunental Review Coordinator determined that, although the proposed
project could have a significant effect on the envirorunent, there will not be a significant effect in this
case because mitigation measures have been incorporated and agreed to by the project proponent. A
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared
which must be considered by the Planning Commission prior to a decision on the project; and,
WHEREAS, the Planning Comssion finds that the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-04-027) has been prepared in accordance with the
requir=ents of the California Envirorunental Quality Act (CEQA), and the Envirorunental Review
Procedures of the City ofChula Vista; and,
WHEREAS, the Planning Commission finds that the Project envirorunental impacts will be
mitigated by adoption of the Mitigation Measures described in the Mitigated Negative Declaration,
and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation
Monitoring and Reporting Program is designed to ensure that during Project impl=entation, the
15-18
developer, and any other responsible parties implement the project components and comply with the
Mitigation Monitoring Program; and,
WHEREAS, the Planning Commission having received certain evidence on July 27, 2005, as
set forth in the record of its proceedings herein by reference as is set forth in full, made certain
findings, as set forth in their recommending Resolution GPA 04-04/PCM-04-l4 herein, and
recommended that the City Council approve the Project based on certain terms and conditions; and,
WHEREAS, the Planning Director set the time and place for a hearing on the Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and it mailing to property owners and 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 6:00 p.m., July
27,2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the attached Draft City Council Resolution and Ordinance
approving the Project in accordance with the findings and subject to the conditions contained therein.
BE IT FURTHER RE;lOL VED THAT a copy of this resolution be transmitted to the City
Council.
.1
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 27th day of July, 2005, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Vicki Madrid, Chairperson
ATTEST:
Diana Vargas, Secretary
J:\Planning\StanD\Eastlake\Village Walk\Reports & Resos\PCM-04-14 PCRESO.doc
15-19
15-20
ATTACHMENT 2
Figures
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Site Utilization Plan
Adopted
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Key Map
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Village Center No.
SPA Location
Parcel I Land Use
VC-1 Village Center
VC-2 Village Center
VC.4 Village Center
E-10 ViI. Ctr. Employment
Total
Acres I
38.1
4.3
9.3
16.4
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15-24
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15-25
ATTACHMENT 3
Mitigated Negative Declaration
15-26
Mitigated Negative Declaration
PROJECT NAME:
EastLake Village Walk
PROJECT LOCATION:
South and adjacent to EastLake Parkway, east and adjacent to the
future alignment ofSR-125
ASSESSOR'S PARCEL NO.: APN 595-071-02-00
PROJECT APPLICANT:
Sudberry Properties, lnc
CASE NO.:
Case No. IS-04-027
DATE OF DRAFT DOCUMENT: June 15,2005
DATE OF RESOURCE CONSERVATION COMMISSION MEETING: July II, 2005
DATE OF FINAL DOCUMENT: July 19, 2005
PREPARED BY: Mami Borg, Environmental Projects Manager
A. PROJECT SETTING AND HISTORY
The proposed project is a retail shopping center on approximately 13 acres bordered by EastLake
Parkway to the north and east, SR-125 to the west and the EastLake Village Market Place to the
south in the City of Chula Vista (Figures I and 2). The site was originally graded in accordance
with the approved master grading plan for the EastLake I Sectional Planning Area (SPA).
Subsequent grading on the site has occurred associated with stockpiling of material for the
construction of Olympic Parkway and as part of the EastLake Village Center North project. The
project site has been addressed in several prior environmental documents as discussed below:
EastLake Master EIR rEIR 81-03)
A Master EIR (EIR 81-03) was completed for the 3,073-acre EastLake community in February
1982. This Master EIR considered the impacts of annexation of the EastLake Community from
the County of San Diego to the City of Chula Vista, as well as the potential impacts associated
with the implementation of a General Plan Amendment (GP A), prezoning and General
Development Plan (GDP) for the future EastLake Development.
EastLakeI SPA Plan Supplemental EIR (SEIR 84-01)
In 1984, a SPA Plan was developed for approximately 1,268 acres of the 3,073-acre EastLake
community. This SPA plan, referred to as EastLake I, was prepared as a refinement and
implementation framework for the Planned Community zoning previously applied to the site in
1982. A Supplemental EIR (SEIR 84-01) was certified in February 1985 that addressed the
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EastLake I SPA Plan and two accompanying Tentative Subdivision Maps, one of which included
the subject site.
EastLake I SPA Plan AmendmentIKaiser Permanente Chula Vista Medical Center
Supplemental EIR (SEIR 92-01)
In 1992, a Supplemental EIR (SEIR 92-01 SCH #92031049) was certified for the EastLake I
SPA Plan AmendmentIKaiser Permanente Chula Vista Medical Center Precise Plan. The
EastLake I SPA Amendment designated 30.6 acres (which includes the subject site) for a major
medical facility (designated MC-1). The Kaiser Permanente Chula Vista Medical Center Precise
Plan was never developed and was subsequently replaced by the EastLake Village Center North
Supplemental SPA Plan.
EastLake Villal!e Center North MND as-01-042)
The subject site was most recently analyzed in the EastLake Village Center North Mitigated
Negative Declaration (hereinafter referred to as the EL VCN MND), which was adopted by the
Chula Vista City Council with the EastLake Village Center North Supplemental SPA Plan on
July 23, 2002 (Resolution No 2002-64). The Supplemental SPA Plan encompassed three
separate land use districts within the EastLake I SPA identified as "VC-1", "BC-3" and "VC-2".
The subject 13-acre site is located within the 16.4-acre BC-3 district. The SPA Amendment
changed the 30.6 acres of Medical Center-1 (MC-1) use to 16.4 acres of Village Center
Employment (E-lO), which is the subject site, and 14.2 acres of Village Center-l (VC-l), which
is now part of the existing EastLake Village Marketplace. The approval also changed the land
use designation on the project site to Industrial Research & Limited Manufacturing.
No site plan was proposed for the BC-3 or VC-2 districts at the time the EL VCN MND was
prepared. The MND states:
"Future development of these parcels would be governed by the proposed Planned
Community District Regulations and Design Guidelines. Specifically, the PC
District Regulations set forth the development and land use standards for all
property within the EastLake II General Development Plan area by establishing:
setbacks; building heights; parking requirements; landscape requirements; use
restrictions; animal regulations; density of development; lot size, width and depth;
fencing requirements; and signing regulations. Sections III and IV of the PC
District Regulations specify the types of uses that are permitted, conditionally
permitted and not permitted within VC-2 and BC-3 districts, respectively.
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Future site plans for the YC-2 and BC-3 parcels will be evaluated against the
adopted PC District Regulations and Design Guidelines specific to these parcels.
In addition, an environmental evaluation of issues related to the proposed land
uses, such as but not limited to land use compatibility with adjacent uses, noise,
and aesthetics would need to be conducted at the time a future site plan is
proposed. In addition, the need for any new, or expansion of, a public service
specifically related to a proposed use (such as emergency services and disposal of
medical/toxic waste related to hospital or other medical facility, disposal of
biotechnical waste related to biotechnical research facilities, etc.) would need to
be evaluated for environmental considerations.
On the other hand, physical features of these parcels, including geology, biology,
cultural and paleontological resources and drainage, have been addressed in
current technical studies or prior environmental documentation, and therefore
would not need further analysis. With respect to traffic, a worst-case traffic
analysis has been prepared that assumed the highest trip-generating land uses
allowed on these parcels. As long as the total trip generation for the three parcels
(YC-l, YC-2 and BC-3) does not exceed that projected in the 2002 LLG traffic
study for the EastLake Village Center North project (i.e., 36,356 average daily
trips), no further traffic analysis would be required. Similarly, a worst-case
sewage generation and water demand analysis was conducted. Provided that the
ultimate development that is proposed for the YC-2 and BC-3 parcels is in
conformance with the PC District Regulations and Design Guidelines, no
additional water or sewer analyses would be required."
B. PROJECT DESCRIPTION
Land Use Chane:e and Discretionary Actions
The current proposal is to change the land use designation on 13.3 acres of the 16.4 acres
currently designated for Industrial Research & Limited Manufacturing use to Commercial -
Retail use. The remainder of the 16.4 acres has been approved for development of a 42,000
square foot medical office building. The medical office building is not included in this analysis
because it has been previously approved as a consistent use with the adopted GDP and SPA. The
proposed project involves the following discretionary actions:
City of Chula Vista General Plan Amendment: Change the land use designation of the site from
Industrial Research & Limited Manufacturing to Commercial-Retail.
EastLake II General Development Plan (GDP) Amendment: Change the land use designation of
the site from Industrial Research & Limited Manufacturing to Commercial-Retail.
EastLake Village Center North Supplemental Sectional Planning Area Plan (EastLake I SPA):
Expand the YC-l district to be consistent with the proposed land use districts, thereby reducing
the E-IO district. Also includes some minor changes to the exhibits and tables within various
components of the SPA Plan. Other related actions include an amendment to the EastLake II PC
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District Regulations, and preparation of revised Public Facilities Finance Plan (PFFP), Air
Quality Improvement Plan (AQIP) and Water Conservation Plan (WCP).
Design Review Permit: The site is subject to a site plan and architectural review process and
approval by the Design Review Committee (DRe).
Parcel Map: Required to divide the site into parcels.
At this time, the City is in the process of a General Plan Update (GPU). As part of the GPU, the
proposed preferred General Plan Land Use Plan designates the land use on the site as Retail
Commercial. In the event that the GPU is adopted by the City Council prior to, or concurrent
with the review and approval of the EastLake Village Walk project, a General Plan Amendment
would not be required. In order to identify potential land use impacts associated with the
proposed project under the adopted General Plan or the proposed GPU, two separate land use
analyses are included in the environmental analysis in Section D.
Site Plan
The project proposes up to approximately 163,300 square feet (SF) of retail and 12,000 SF of
office/service uses. As shown in Figure 5, access to the site would be from the Miller
RoadlEastLake Parkway intersection. The retail and restaurant uses would be located along the
northern and western perimeter of the site. A separate retail and office building would be located
in the southern portion of the site. The office building shown in Figure 5 that is located east of
the site and north of the EastLake Village Marketplace has been approved, and it is not a part of
the proposed proj eel.
A total of796 parking spaces would be provided. The majority of the parking would be located
in a central parking lot. Peripheral parking would be provided along the western perimeter of the
site, between the buildings and the freeway and EastLake Parkway right-of-ways. Employees
would primarily use these parking areas. Similarly, loading docks would be located on the west
side of (back side of) the retail buildings.
The proposed project site is located east of the future SR-125 right-of-way. Based on current
plans for the construction of SR-125, the elevation of the project site would be at or slightly
above the future freeway elevation. The site plan includes landscaping within the project
boundaries and adjacent to the freeway right-of-way. Landscaping would also be provided along
EastLake Parkway and interior to the site.
C. COMPLIANCE WITH ZONING AND PLANS
Amendments to the General Plan, EastLake II GDP and EastLake I Village Center North
Supplemental SPA Plan are required for the proposed project to comply with regulating plans.
Similarly, the EastLake II PC District Regulations would be amended as part of this project to
change permitted land uses on the site. As discussed previously, the amendments would change
the permitted use on the site from Industrial Research & Limited Manufacturing to Commercial-
Retail.
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As noted previously, the City is currently in the process of a GPU. The preferred land use plan
in the GPU designated the site for Retail Commercial. In the event that the GPU is adopted by
the City Council prior to, or concurrent with the review and approval of this project, a GPA
would not be required. The EastLake II GDP and EastLake I Village Center North Supplemental
SPA Plan would still need to be updated to be consistent with the General Plan.
D. IDENTIFICATION OF ENVIRONMENTAL EFFECTS
Basis of Analvsis
As noted above, the project site has been the subject of several previous environmental
documents, the most recent of which is the ELVCN MND (IS-01-042). The previous
environmental documents provide a comprehensive evaluation of the site conditions and
potential impacts of developing the site. These documents provide the basis of analysis and
scope for the evaluation of environmental effects in this MND.
Specifically, the EL VCN MND provided the scope of future evaluation of proposed projects on
the BC-3 parcel (see Section A above). In summary, an environmental evaluation of issues
related to the proposed change in land use, including land use conversion and compatibility with
adjacent uses, noise, and aesthetics are addressed herein. In addition, the potential change on
water demand and sewage generation from the proposed land use change is evaluated. With
respect to traffic, an evaluation of the proposed project as compared to the total trip generation
for the three parcels (VC-I, VC-2 and BC-3) that were previously analyzed is addressed in this
MND. In addition, an evaluation of mobile and point-source air quality impacts is provided in
this MND. Lastly, while the hydraulic condition of the site has not changed since the EL VCN
MND was prepared, the impact analysis herein evaluates the proposed site plan with respect to
drainage.
The EL VCN MND identified potential impacts related to paleontological resources, water
quality and geology. The proposed grading of the site and operation of the commercial center
would result in the same impacts to these issues as previously identified. Therefore, the
previously required mitigation measures pertaining to these issues have been incorporated into
the attached MMRP. No further analysis is required of these issues. Note that these measures
are not new measures, but are incorporated by reference from the EL VCN MND.
The ELVCN MND did not identify significant biological or cultural resources impacts from
development of the subject site. Therefore, these issues do not require further analysis. The
proposed project would not have an impact on agricultural or mineral resources. These resources
do not occur on the site. The proposed project is a commercial development. Therefore, the
proposed project would not increase population, or create the need for additional housing.
Further, there would be no impact on population-based impacts such as demand on schools,
recreational facilities and libraries.
The proposed change in land use would not generate additional demand on police, fire or
emergency medical services as compared to the planned hospital and medical office use. The
Page 5 of39
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proposed project is within the boundaries of the Public Facilities Development hnpact Fee
Program (PFDIF), and therefore will be subject to payment of public facilities fees for fire,
police and emergency medical service at the rate that is in effect at the time building permits are
issued. No known hazardous materials occur on the site, and the proposed commercial
development of the site would not create a significant public hazard.
Environmental Analvsis
As noted previously, in order to identify potential land use impacts associated with the proposed
project with and without a GPA, two separate land use analyses have been provided.
Land Use - Proposed Project with a General Plan Amendment
The proposed change to the land use designation from Industrial Research & Limited
Manufacturing to Retail-Commercial would represent a continuation of the EastLake Village
Marketplace, which is located directly south ofthe site, and EastLake Village Center East, which
is located southeast of the site. This would achieve the intent of the activity core concept at
EastLake Parkway and Otay Lakes Road anticipated by the EastLake I SPA. Further, the
proposed upscale, specialty retail activities would provide connectivity and transition from the
residential uses to the northwest and industrial uses to the north to the more intensive
commercial node to the south. Thus, the proposed land use change would not represent a
significant impact.
The project site is ideal in terms of accessibility due to the fact that it is adjacent to major
transportation corridors within the EastLake area (Otay Lakes Road and EastLake Parkway) and
is within one mile of future SR-125. In addition, future transit facilities are being considered on
EastLake Parkway near the project site.
The proposed site plan has been developed to provide a pedestrian-friendly environment. The
center is within walking distance of residential areas west of the freeway and the other
commercial businesses to the south and southeast. Business fronts and outside eating areas will
be oriented toward a central parking lot. Loading docks would be provided "behind" the
buildings, out of view. Pedestrian walkways will be clearly delineated with pavement treatment
and landscaping. A meandering, landscaped pedestrian walkway would be provided along
EastLake Parkway that would encourage pedestrian access to the site from the residential
community to the east and retail and residential areas to the south.
The project site is also adjacent to the SR-125 freeway. Commercial uses are compatible with
adjacent freeways because they are not considered a "sensitive" use. Land use compatibility
issues associated with the adjacent freeway would be related to noise and views. The issue of
noise is discussed in detail below. In summary, a noise study was conducted which incorporated
buildout traffic volumes on EastLake Parkway as well as the SR-125 freeway. A noise level of
70 dB is considered compatible with commercial areas. As discussed below, the orientation of
the proposed commercial buildings would attenuate noise levels from traffic on SR-125 and
EastLake Parkway such that noise levels would not exceed 70 dB interior to the site or in
outdoor eating areas.
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The elevation of the proposed project site would be at or slightly above the freeway. Due to the
proposed location of buildings along the western site perimeter, the majority of the views of the
freeway would be blocked. Policies within the proposed SPA Amendment, including but not
limited to, landscape design concepts, building location and construction, grading policies, and
buffering guidelines would ensure that visitors to the center would not be adversely affected by
the views ofthe adjacent freeway.
Lighting is also a land use compatibility issue. Night lighting would be required to comply with
the EastLake II PC District Regulations. The proposed project is an infill project and is
completely surrounded by development. The proposed SPA Amendment would require that all
lighting sources be shielded in such a manner that the light is directed away from streets or
adjoining properties. The intensity of the light at the boundary of the site would be required to
comply with City standards. Thus, the proposed retail commercial use would not be
incompatible with surrounding uses.
Land Use - No General Plan Amendment
The City of Chula Vista is in the process of updating the General Plan. An update of the General
Plan is necessary to develop solutions for now long-term, city-wide planning issues. As part of
the GPU, the project site is designated Retail Commercial. In the event the GPU is adopted,
concurrent or prior to the adoption of the proposed project, a GP A would not be required. With
the adoption of the GPU, the site would be redesignated retail commercial use. The GPU and
GPU EIR would contemplate this change in land use. Therefore, the proposed project would be
consistent with the General Plan, and thus there would be not significant land use impact. Other
planning documents that implement the General Plan, such as the EastLake II GDP and EastLake
I Village Center North Supplemental SPA Plan would still need to be updated to be consistent
with the General Plan.
Aesthetics
The proposed project site is completely surrounded by developed areas. The site is a disturbed,
unlandscaped parcel. The surrounding area is developed with commercial and industrial uses
that provide manicured landscaping. The proposed project would represent an infill
development that would improve the site.
The proposed project is subject to the amended EastLake II PC District Regulations and Design
Guidelines. Specifically, the PC District Regulations set forth the development and land use
standards for all property within the EastLake II General Development Plan area by establishing:
setbacks; building heights; parking requirements; landscape requirements; use restrictions;
animal regulations; density of development; lot size, width and depth; fencing requirements; and
signing regulations. Preliminary building elevations show an architectural style and building
fenestration that would be compatible with the adjacent EastLake Marketplace. Extensive use of
recessed and lighted alcoves, landscaping, parapets and windows are proposed for the
department store facades that would reduce the building mass. The proposed project would
comply with the existing PC District Regulations and Design Guidelines and would be subject to
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design review and approval by the Design Review Committee. No impacts to aesthetics are
anticipated.
Potable and Recycled Water Demand
Potable and recycled water demands were estimated for the EL VCN MND in the "EastLake
Village Center North Water Analysis" (PBS&J, February 2002). As noted in Section A, a worst-
case water demand was assumed in the February 2002 study. The update of this analysis,
"Amended EastLake Village Center North Supplemental SPA Plan Water Analysis" (PBS&J
March 2, 2005), concluded that the adopted (Industrial Research & Manufacturing, currently
planned for medical office use) and proposed (Retail Commercial) land uses both fall into the
general commercial category in the Otay Water District Water Resources Master Plan (OWD
Master Plan). The March 2005 study calculated the potable and recycled water demand based
planning criteria specified in the OWD Master Plan. As indicated in the project description
above, the proposed project would increase the VC-l district while equally reducing the E-lO
district (Figure 4). According to the OWD Master Plan, both districts would have the same
potable water demand of 1,785 gallons per day (gpd). Therefore, as shown in Table 1, the total
potable water demand for the proposed project would be the same as the adopted land use.
The adopted and proposed average daily recycled water demand was also estimated. Similar to
potable water, the OWD Water Resources Master Plan provides the same recycled water unit
demand rate for both the proposed and adopted uses. As shown in Table 2, the estimated
recycled water demand would be the same as the adopted use. Therefore, the water system
analysis and recommendations in the "EastLake Village Center North Water Analysis" (PBS&J,
February 2002) are valid for both potable and recycled water demand for the proposed project.
No impacts related to potable or recycled water demand would result from the proposed land use
change.
Wastewater Generation
Wastewater generation was estimated for the EL VCN MND in the "EastLake Village Center
North Sewer Analysis" (PBS&J, March 2002). As noted in Section A, a worst-case wastewater
generation was assumed for the site in the March 2002 study. The update of this analysis,
"Amended EastLake Village Center North Supplemental SPA Plan Sewer Analysis" (PBS&J,
March 2, 2005) was prepared to compare the estimated wastewater generation of the proposed
and the adopted land uses. The adopted (Industrial Research & Manufacturing, currently
planned for medical office use) and proposed (Retail Commercial) land uses fall under the
general classification of commercial in the Sewer Design Section of the Chula Vista Subdivision
Manual. Average daily wastewater generation was estimated for the adopted and proposed land
uses based on planning criteria specified in the Subdivision Manual. The criteria specify use of
2,500 gpd per acre for commercial, industrial, and community purpose land use designations.
However, a higher unit generation rate (5,431 gpd/ac) was assumed for the adopted land use to
account for the medical offices (rate provided by Kaiser Permanente in the 2002 study). As
shown in Table 3, the wastewater generation for the adopted SPA would be 218,318 gpd,
whereas the proposed SPA would generate 179,336 gpd. The projected wastewater generation
from the proposed SPA Plan would be lower than the adopted SPA plan. Therefore, the sewer
Page 8 of 39
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system analysis and recommendations in the "EastLake Village Center North Sewer Analysis"
(PBS&J, March 2002) are valid for the proposed project. No impacts related to sewage
generation would result from the proposed land use change.
Hydrology
The site was assumed to be fully developed in the "Detention Basin Analysis for the Eastlake
Village Center North" prepared by Hunsaker & Associates dated March 4, 2002. An update of
this study, "Hydrology Study for EastLake Village Walk" prepared by Hunsaker & Associates
dated June 6, 2005 confirmed that hydrologic conditions of the site are the same as previously
analyzed. Grading of the site would not modifY existing drainage patterns. The site would drain
to the southwest comer of the site. Runoffwould be collected in the southwest comer of the site
and would be transported via an existing storm drain to the existing detention basin in the
southwest comer of the EastLake Marketplace.
The current hydrology study concluded that the site would result in higher runoff volume (84.4
cubic feet per second (cfs) for a 50-year flow than the previously calculated 49.5 cfs in the 2002
report. This is due to newer methodology for calculative runoff. Based on an updated hydraulic
analysis, the storm drain system is capable of conveying the flows generated by the new
methodology, and therefore will not result in a significant impact to the drainage infrastructure
(including the existing storm drain system and the detention basin). Thus, the proposed change
in land use would not result in an impact to hydrology.
Transportation and Circulation
As noted previously, because no site plan was proposed at the time, a worst-case development
scenario was assumed for the BC-3 parcel in the EL VCN MND. The traffic analysis for the
ELVCN MND entitled "Traffic Impacts Analysis, EastLake Village Center North" (Linscott,
Law & Greenspan (LLG), May 8, 2002) assumed that the entire 68-acre ELVCN (VC-I, VC-2
and BC-3 parcels) would generate 36,356 average daily trips (ADT). Significant project-specific
and cumulative traffic impacts were identified and determined to be mitigable to below
significance.
The EL VCN MND stated that as long as the updated total trip generation for the three parcels
does not exceed 36,356 average daily trips, no further traffic analysis would be required. Since
approval of the ELVCN project, two of the three parcels (VC-I and VC-2) have been developed.
Development of these two parcels would generate 29,504 ADT.
The May 2002 traffic impact analysis was updated with a new traffic study specific to the
proposed project. This study, entitled "Traffic Impact Analysis, EastLake Village Walk" (LLG,
February 2, 2002) concluded that the proposed commercial center would generate 11,884 ADT
(accounting for transit and pass by trips). Thus, the total ADT allocated to the three parcels
would be exceeded. The updated study addresses the impact of the additional trips on the street
system in near term, cumulative and buildout conditions.
Page 9 of 39
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Tables 4 and 5 show the existing intersection and street segment operations in the project
vicinity, respectively. All key study area intersections and street segments are calculated to
currently operate at acceptable levels of service.
Table 4 shows a comparison of the near term intersection operations for the adopted (Scenario 1)
vs. proposed (Scenario 2) projects. Both scenarios include a 1.5% growth factor for two years
(project completion) and cumulative project trips from buildout of the EastLake Business Center.
As shown in the table, the proposed project would generate sufficient traffic to result in
significant impacts at the following two intersections:
. Otay Lakes RoadIVons Driveway (PM impact)
. EastLake Parkway/Miller Drive (AM and PM impact)
The EL VCN MND required mitigation measures for these two intersections that involved lane
delineation in accordance with Figure 27 of the 2002 traffic study. The measures have not yet
been completed. A reassessment of the lane configuration required in the 2002 traffic analysis
was conducted. While delineation of the turn movements at these intersections is still required,
the original mitigation measure has been modified to reflect the configuration outlined in the
current traffic study. These mitigation measures will be completed prior to completion of the
proposed project and are assumed to be completed in the 2010 traffic analysis scenarios.
Table 5 shows a comparison ofthe near-term street segment operations for the adopted (Scenario
I) vs. proposed (Scenario 2) projects. As shown in Table 5, based on the City's significance
criteria the proposed project would not result in significant traffic impacts on road segments in
the near term.
Tables 6 and 7 compare intersection and street segment operations, respectively, in the Year
2010 for the adopted (Scenario 3) vs. proposed (Scenario 4) projects. These scenarios assume
that SR-125 is built and is a toll facility. These scenarios also assume that mitigation measures
previously required of the ELVCN project for the Otay Lakes RoadIVons Driveway and
EastLake Parkway/Miller Drive intersections are completed. Timing for implementing these
measures is included in the attachment MMRP. As shown in Table 6, based on the City's
significance criteria the proposed project would not result in significant impacts on intersections
in the Year 2010. Similarly, based on the City's significance criteria, the proposed project
would not result in significant impacts on road segments in the Year 2010 (Table 7).
Using the latest available SANDAG model and land uses for the region, peak hour intersection
and segment volumes were calculated in the buildout condition (Scenario 5). This scenario
assumes SR 125 is built, and there is no toll. Tables 8 and 9 show buildout conditions at
intersections and roadway segments, respectively. The tables show that based on the City's
significance criteria the proposed project would not result in significant impacts to intersections
or street segments in the buildout condition. Thus, no significant impacts to traffic would result
from the propose~ project in the near-term or buildout conditions.
Page 10 of39
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Air Quality
The proposed project would generate pollutants during the construction and operation phases of
the project. The air quality analysis in the EL VCN MND addressed the temporary construction-
related emissions pertaining to the grading of the site. The construction impact analysis and
mitigation measures addressed in the EL VCN MND and associated MMRP are incorporated by
reference and are included in the attached MMRP for this project.
On-going air quality impacts from project operations would be from traffic and to a lesser degree
"area sources" such as natural gas consumption (for space heating) and gasoline combustion
during landscape maintenance. An updated air quality analysis, "EastLake Village Walk-Air
Quality Impact Analysis" prepared by Jay Kniep Land Planning (February 28, 2005) calculated
project-related mobile- and area-source emissions using the California Air Resources Board
URBEMIS2002 computer model for land use development projects. The results for both the
adopted land use and the proposed project are shown in Table 10. Vehicle trip counts (with no
account for transit or passby trips to indicate worst case) were taken from the February 2005
LLG traffic report. The project was modeled for 2006 that is the anticipated opening date for the
commercial center. The model concluded that the proposed project would result in significant
impacts to the pollutants ROGNOC, NOx and CO (Table 10).
Several project features would contribute to the reduction of air quality impacts. The project
includes transit features that would reduce traffic volumes by 5%. In addition, as specified in the
SPA, there are also a number of community design factors that would reduce the dependence
upon vehicles and reduce vehicle emissions. These include street circulation and connectivity,
proximity of housing and employment near transit, land use mix and proximity to support
services, bicycle access, and compliance with the Growth Management Program that ensures
street segments and intersections operate at acceptable levels of service. Lastly, the developer
has committed to participate in the City's Greenstar Program as specified in the current Air
Quality Improvement Plan Guidelines. Participation requires the developer to agree to exceed
the California 2001 Title 24 Part 6 Energy Efficiency Standards by 10% in the majority of the
structures. These requirements are specified in the project's AQIP in the SPA. The EL VC MND
requires compliance with the AQIP. This mitigation measure is incorporated by reference and
included in the attached MMRP.
All of these air emission reduction factors were input into the URBEMIS2002 model to quantify
the reduction in air quality emissions associated with these design features and quantify the
difference between the proposed project and the adopted land use. The results are shown in
Table II.
As shown in Table II, the proposed project would not impact any of the assessed pollutants.
Compliance with the AQIP and implementation of SPA requirements would reduce all potential
air quality impacts to below significance.
Page 11 of 39
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Noise
The ELVCN MND required that "prior to approval of the Final Map, Parcel Map, or Site Plan
for BC-3 and VC-2 (whichever occurs first), an acoustical analysis of the proposed land uses
shall be prepared and approved to determine conformance with City standards"
Projected noise levels on the subject site were calculated in the "Noise Assessment for the
EastLake Village Center North project" (Dudek & Associates, Inc. April 29, 2002). However
the noise assessment acknowledged that a site plan was not analyzed at that time. Therefore, the
assessment only addressed noise generated by project-related traffic and buildout traffic volumes
on adjacent streets. An update of the 2002 study, "Village Walk at Eastlake Project
Environmental Noise Assessment" was prepared by Dudek & Associates, Inc. dated February
21,2005. The study addressed noise levels generated by offsite traffic volumes and onsite uses.
The noise exposure criterion for commercial uses is 70 dB CNEL. This criterion applies at
outdoor use areas such as lunch areas or outdoor garden centers. The site would be primarily
affected by off site traffic-related noise from EastLake Parkway and SR-125 and onsite noise
generated by loading and delivery activities and outdoor mechanical equipment.
A noise measurement was conducted to determine existing onsite noise levels. In its current
condition, the site is unimproved and SR-125 has not been constructed. Existing noise levels are
predominantly from traffic along EastLake Parkway. At 65 feet from the centerline of EastLake
Parkway at the intersection with Miller Drive, the onsite noise level was measured to be 61 dB.
Offsite Traffic Noise
Using traffic volumes provided by LLG (December 2005), the noise levels at 50 feet from the
centerline of the road was determined for Otay Lakes Road (SR-125 to Lane Avenue), Fenton
Street and EastLake Parkway (Otay Lakes Road to north of Miller) for the existing plus project
condition. As compared to the existing noise level, the existing plus project noise level would
increase by three dB or less along the roads. The existing plus proj ect increase assumes that the
project is built out and SR-125 is not built. A noise level increase of up to 3 dB is generally not
considered significant. Typically, a three dB change in community noise is considered a just
noticeable difference. The existing plus project noise level increase is considered less than
significant because the noise level increase would be 3 dB or less.
The site would be primarily affected from traffic noise along EastLake Parkway and future SR-
125. To determine future (upon buildout) noise levels that could be experienced onsite,
community buildout traffic volumes of 16,000 to 29,400 ADT were used for EastLake Parkway
adjacent to the site (LLG, December 2005). The future year 2030 traffic volume along SR 125
adjacent to the site would be approximately 55,000 ADT (SANDAG 2005).
The future traffic noise level would range up to approximately 75 dB along the western portion
of the site adjacent to SR-125. The noise level would range up to 73 dB along the eastern
portion of the site adjacent to EastLake Parkway and south of miller Road. The outdoor useable
areas (i.e., seating areas) are proposed to be located in the front of buildings 3, 4, and 5 and in the
Page 12 of39
15-38
area between buildings 1 and 2 (see Figure 6). The buildings would shield the outdoor useable
areas from the traffic noise and would reduce the noise level to less than 70dB CNEL at outdoor
useable areas. The approximate location of the 70 dB BCNEL noise contour, which includes
noise attenuation from the buildings is shown in Figure 4.
Onsite Noise Generation
Onsite noise would be associated with the loading dock and delivery activities and outdoor
mechanical equipment.
Loading Dock/Delivery Truck Activities. At anyone location, the average sound level
associated with loading dock noise is difficult to predict due to many variables including
variations in truck engineer power, idling times, the way loads are placed on hand trucks and
fork lifts, and the number of operating minutes in anyone hour. However, to determine the
approximate noise levels that would be generated at the loading dock area, noise measurements
conducted at similar size stores were utilized. Based on these measurements, during the loading
dock activities the one-hour average sound level is approximately 50 to 55 dB at 100 feet from
the loading dock.
The loading areas would be adjacent to SR-125 and Eastlake Parkway at the "back side" of the
commercial buildings (Figure 3) The closest noise sensitive area would be the residential area
located west ofSR-125, approximately 330 feet from the nearest loading dock. At this distance,
the one-hour average noise level associated with the loading dock activities would be.
approximately 45 dB. Thus, the noise impact from the loading docks would not be significant.
Outdoor Mechanical Equipment. Heating Ventilation and Air Conditioning Equipment
(HV AC) could be located on the roofs or ground level of the commercial buildings. These units
typically generate nose levels of approximately 45 to 55 dB at a distance of 50 feet. At the
closest residences, the one-hour average noise level would be less than 40 dB assuming the
equipment operates continuously for a one-hour period. This noise level would comply with the
City's noise standards and would be less significant.
Cumulative hnpacts
The State CEQA Guidelines (Section 15355) define a cumulative impact as "two or more
individual effects which, when considered together, are considerable or which compound or
increase other environmental impacts". Section 15130(a) of the State CEQA Guidelines requires
a discussion of cumulative impacts of a project:
"..when the project's incremental effect is cumulatively considerable as defined in section
15065 (c). Where a lead agency is examining a project with an incremental effect that is
not "cumulatively considerable," a lead agency need not consider that effect significant,
but shall briefly describe the basis for "Concluding that the incremental effect is not
cumulatively considerable."
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15-39
Cumulatively considerable, as defined in Section 15065(c), "means that the incremental effects
of an individual project are considerable when viewed in connection with the effects of past
projects, the effects of other current projects, and the effects of probable future projects"
Noise: As noted previously, the future noise level contribution from the project to ambient noise
levels would be up to 3 dB. Combined with onsite noise sources including the loading
dock/delivery truck noise and outdoor HV AC mechanical equipment noise levels onsite in
useable outdoor spaces would not exceed the City's threshold of 70dB. Thus, the proposed
project would not result in a significant contribution to ambient noise levels.
Air quality: In order to assess whether the project's contribution to ambient air quality is
cumulative considerable, the project's emissions were quantified with respect to regional air
quality. Project emissions were modeled for the year 2006, thus cumulative comparisons are
provided for 2005 and 2010. The basin-wide data are from the 2005 CA Air Resources Board
Air Quality and Emissions Almanac, which provides data in five-year increments. The project's
share" of by products of combustion (all emissions except PM10) is larger in 2010 because the
forecast assumes continued technological improvements to motor vehicles while population and
vehicle miles traveled will continue to increase. The results of this analysis are shown in Table
12. The very small values shown in Table 12 indicate that the project air quality impacts are not
cumulatively considerable and the proposed project would not have a significant cumulative
impact.
Traffic: The proposed project would add 5,858 more daily trips to the roadway system than the
approved land use. In the short-term, combined with cumulative projects in the project vicinity,
the project traffic volumes would impact the intersection at Otay Lakes Road/Vons Driveway (in
the PM) and EastLake Parkway/Miller Drive (AM and PM). This impact would be reduced to
less than significant with previously required improvements (see Attachment A). The buildout
traffic volumes assume buildout of the project and projects in the site vicinity as well as the two
project specific mitigation measures. The proposed project would not result in significant
cumulative impacts (see Table 8). The EL VCN MND identified cumulative traffic impacts
associated with development of the subject parcel combined with development of the other two
parcels addressed in that MND (VC-l and VC-2). Two cumulative traffic mitigation measures
from the EL VCN MMRP that were required for development of the subject parcel have not yet
been implemented. These measures are included in the MMRP in Attachment A.
Wastewater Generation, Potable and Recycled Water Demand: Based on the previous analysis,
the proposed project would not result in significant impacts to wastewater generation or potable
and recycled water demand. The impacts would remain the same as previously approved. Thus,
there would be no significant cumulative impact related to these issues.
Hydrology: Due to newer methodology for calculating runoff, the proposed project would result
in an increase in runoff as compared to 2002 hydrology studies. Current hydraulic calculations
indicate that the existing storm drain system and detention basin can adequately accommodate
the additional calculated flow. Thus, no significant cumulative impact would result to site
hydrology.
Page 14 of 41
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E. PUBLIC COMMENTS
On December 10,2004, a Notice of Initial Study was circulated to property owners within a 500-
foot radius of the proposed project site. The notice period ended December 23,2004. Comments
were received from the California Department of Transportation, District 11, California
Transportation Ventures, Inc. and the Chula Vista Elementary School District.
On June 16.2005. the Notice of Availability of the Proposed Mitigated Negative Declaration for
the proiect was posted in the County Clerk's Office and circulated to property owners within a
500-foot radius of the proiect site. The 30-dav public comment period closed on Julv 15. 2005.
The Chula Vista Elementary School District and Countv Department of Public Works responded
to the Notice of Availability. The letters did not have substantive comments addressing the
MND.
F. MITIGATION NECESSARY TO AVOID SIGNIFICANT IMPACTS
The proposed project would not result in new significant environmental impacts or increase the
severity of the impacts identified in previous environmental documents prepared for the site.
Applicable mitigation measures included in the MMRP for the EastLake Village Center North
MND (lS-02-042) are still valid, and the applicant is required to fulfill these mitigation
requirements. Applicable mitigation measures for the proposed project are listed below and
included in the EastLake Walk MND MMRP (Attachment A).
Traffic (Direct)
1. Prior to issuance of the first building permit, and as determined by the City Engineer, the
Applicant shall construct and secure a fully activated traffic signal at the Miller
Drive/EastLake Parkway intersection including interconnect wiring, mast arms, signal
heads and associated equipment, underground improvements, standards and luminaries
and provide the following intersection geometry (see Figure 10-1 from the project traffic
report attached to this MMRP):
Northbound EastLake Parkway - One shared through/right-turn lane, one through lane
and two left-turn lanes.
Eastbound Project Driveway - One right-turn lane, one shared through/right-turn lane,
one left-turn lane.
Southbound EastLake Parkway - One right-turn lane, two through lanes and one left-
turn lane.
Westbound Miller Drive - One shared through/right-turn lane and one left-turn lane.
2. Prior to issuance of the first building permit, and as determined by the City Engineer, the
Applicant shall provide the following intersection geometry (see Figure 10-1 from the
project traffic report attached to this MMRP:
Otav Lakes Road/Vons Drivewav:
Southbound: Restripe existing lanes to provide one right-turn lane, one shared
through/right-turn lane and one left-turn lane.
Northbound Vons Driveway: Restripe existing lanes to provide one shared through/right-
turn lane and two left-turn lanes.
Page 15 of39
15-41
3. Prior to issuance of the first building permit, and as determined by the City Engineer, the
Applicant shall construct and secure 250 feet of capacity in a northbound left-turn lane at
the Miller Drive/EastLake Parkway intersection.
Traffic (Cumulative)
4. Prior to issuance of the first building permit, the Applicant shall pay the applicable
Transportation Development hnpact Fee (TDIF), as amended, toward widening of Otay
Lakes Road from H Street to Telegraph Canyon Road to six lanes or toward intersection
improvements, which provides additional capacity along Otay Lakes Road.
5. Prior to issuance of the first building permit, the Applicant shall pay the applicable
Transportation Development hnpact Fee (TDIF), as amended, toward the widening of
Otay Lakes Road from Bonita Road to H Street to six lanes or toward an intersection
improvement, which provides additional capacity along Otay Lakes Road.
Paleontology
6. Prior to approval of the grading permit, the Applicant shall incorporate into grading
plans, to the satisfaction of the City Engineer and Environmental Review Coordinator,
the following:
a) 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.
b) 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
periodically (every several weeks) 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.
c) 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
Page 16 of39
15-42
the paleontologist (or paleontological monitor), a screen washing operation for
small fossil remains shall be set up.
d) 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 Musewn. 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.
Geology
7. Prior to approval of the grading permit, the grading plans shall incorporate, to the
satisfaction of the City Engineer, the geotechnical recommendations in the
"Supplemental Geotechnical Investigation for EastLake Village Center North
Commercial Center" prepared by Pacific Soils Engineering, Inc. dated March 5, 2002,
including but not limited to site preparation and removals, slope stability and
remediation, temporary backcut stability, overexcavation of building pads, subsurface
drainage, construction staking and survey, settlement monitoring, earthwork and design
considerations, and slope maintenance.
8. Prior to approval of the improvement plans and building permits for all phases of the
project, all improvements shall be in compliance with seismic design standards of the
Uniform Building Code and requirements oflocal governing agencies.
Water Quality
9. Prior to approval of grading/construction plans, the Applicant shall obtain either (a)
General Construction Activity Storm Water Permit (NPDES Permit No. CA 0108758)
from the SWRCB or (b) a municipal permit from the City of Chula Vista that is in effect
at the time of issuance of construction/grading permits. Such permits are required for
specific (or a series of related) construction activities that exceed five acres in size and
include provisions to eliminate or reduce off-site discharges through implementation of
the SWPPP. Specific SWPPP provisions include requirements for erosion and sediment
control, as well as monitoring requirements both during and after construction.
Pollution control measures also require the use of best available technology, best
conventional pollutant control technology, and/or best management practices to prevent
or reduce pollutant discharge (pursuant to SWRCB definitions and direction).
The SWPPP also includes specified vehicle fueling and maintenance procedures and
hazardous materials storage areas to preclude the discharge of hazardous materials used
during construction (e.g., fuels, lubricants, and solvents) and specific measures to
preclude spills or contain hazardous materials, including proper handling and disposal
techniques and use of temporary impervious liners to prevent soil and water
contamination.
10. Prior to approval of grading/construction plans, the Applicant shall demonstrate to the
satisfaction of the City Engineer compliance with all of the applicable provisions of the
Page 17 of39
15-43
Municipal Code, Model SUSMP for the San Diego Region, and the City of Chula Vista
SUSMP as may be adopted in the future. The Applicant shall incorporate into the project
planning and design effective post-construction BMPs and provide all necessary studies
and reports demonstrating compliance with the applicable regulations and standards.
BMPs shall be identified and implemented that specifically prevent pollution of storm
drain systems from the gas station, car wash, restaurants, parking lots, and trash
collection areas.
11. Prior to approval of final or parcel map, and/or building permits (as determined by the
City Engineer), the Applicant shall submit and obtain approval from the City Engineer of
a maintenance program for the proposed post-construction BMPs. The maintenance
program shall include, but not be limited to: 1) a manual describing the maintenance
activities of said facilities, 2) an estimate of the cost of such maintenance activities, and
3) a funding mechanism for financing the maintenance program. In addition, the
Developer shall enter into a Maintenance Agreement with the City to ensure the
maintenance and operation of said facilities.
Air Quality
12. Prior to approval of building permits for each phase of the project, the Applicant shall
demonstrate that air quality control measures outlined in the EastLake I Supplemental Air
Quality Improvement Plan pertaining to the design, construction and operational phases
of the project have been implemented.
13. 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:
a) Minimize simultaneous operation of multiple construction equipment units;
b) Use low pollutant-emitting equipment;
c) Use catalytic reduction for gasoline-powered equipment;
d) Use injection timing retard for diesel-powered equipment;
e) Water the grading areas a minimum of twice daily to minimize fugitive dust;
f) Stabilize graded areas as quickly as possible to minimize fugitive dust;
g) Apply chemical stabilizer or pave the last 100 feet of internal travel path within
the construction site prior to public road entry;
h) Install wheel washers adjacent to a paved apron prior to vehicle entry on public
roads;
i) Remove any visible track-out into traveled public streets within 30 minutes of
occurrence;
j) Wet wash the construction access point at the end of each workday if any vehicle
travel on unpaved surfaces has occurred;
k) Provide sufficient perimeter erosion control to prevent washout of silty material
onto public roads;
1) Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off
during hauling;
m) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed
25 mph;
n) Cover/water onsite stockpiles of excavated material; and
0) Enforce a 20 mile-per-hour speed limit on unpaved surfaces.
Page 18 of39
15-44
I agree to implement the mitigation measures required as stated in this Section F of this
Mitigated Negative15eA7ion.
/ //_~ (~,~<;
Name, Title Date
G. Consultation
Citv of Chula Vista
John Schmitz, Principal Planner
Lombardo DeTrinidad, Civil Engineer
David Kaplan, Transportation Engineer
Jim Newton, Civil Engineer
Luis Hernandez, Principal Planner
Stan Donn, Associate Planner
Marui Borg, Environmental Projects Manager
Applicant
Sudberry Properties, Inc.
Related Documents
. EastLake Master EIR (EIR 81-03), February 1982.
. EastLake I SPA Plan Supplemental EIR (EIR 84-01) January 1985.
. EastLake I SPA Plan AmendmentlKaiser Permanente Chula Vista Medical Center
Supplemental EIR (EIR 92-01), June 12, 1992.
. EastLake Village Center North Mitigated Negative Declaration (MND IS-01-042), June
11,2002
. Detention Basin Analysis for EastLake Village Center North, Hunsaker & Associates,
March 4, 2002.
. Traffic Impact Analysis for EastLake Village Center North, Linscott, Law & Greenspan,
May 2002
. EastLake Village Center Project Environmental Noise Assessment, Dudek & Associates,
Inc., Apri129, 2002.
. EastLake Village Center North Water Analysis, PBS&J, February 2002.
. EastLake Village Center North Sewer Analysis, PBS&J, March 2002.
. Traffic Impact Analysis for EastLake Village Center East, Linscott, Law & Greenspan,
April 2003.
Page 19 of39
15-45
. Amended EastLake Village Center North Supplemental SPA Plan Sewer Analysis,
PBS&J, April 2003.
. Amended EastLake Village Center North Supplemental SPA Plan Water Analysis,
PBS&J, April 2003.
. EastLake Village Center East GPA & GDP/SPA Amendment Project Supplemental
Environmental Noise Assessment, Dudek & Associates, Inc., May 2003.
. Traffic Impact Analysis EastLake Village Walk, Linscott, Law & Greenspan, February 2,
2005.
· Amended EastLake Village Center North Supplemental SPA Plan Sewer Analysis,
PBS&J, March 2, 2005.
· Amended EastLake Village Center North Supplemental SPA Plan Water Analysis,
PBS&J, March 2, 2005.
· Hydrology Study for EastLake Village Walk, Hunsaker & Associates, June 6, 2005.
· Preliminary Water Quality Technical Report & Operational Maintenance Plan for
EastLake Village Walk, Hunsaker & Associates, March 24, 2005.
. Village Walk at EastLake Project Environmental Noise Assessment, Dudek &
Associates, Inc., February 21, 2005.
· EastLake Village Walk-Air Quality Impact Analysis, Jay Kniep Land Planning, February
28,2005.
I. Environmental Determination
The City of Chula Vista determined that the proposed project will not have significant
environmental effects other than what has been previously identified in prior environmental
documentation. The preparation of an Environmental Impact Report will not be required. This
Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State
CEQA Guidelines.
I find that there will not be a significant effect on the environment because the proposed project
would not result in new impacts or impacts that are more severe than previously analyzed in the
EastLake Village Center North MND (IS-02-042) and other related environmental documents.
The mitigation measures described in the EastLake Village Center North MND and associated
MMRP are still valid and are incorporated by reference. This Mitigated Negative Declaration
has been prepared in accordance with Section 15070 of the Guidelines for the California
Environmental Quality Act (CEQA) as amended December 2001. 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.
MZ~/f::!if~~ '
Environmental Review Coordinator
Date: '//gjtJc-
r I
Page 20 of39
15-46
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ADOPTED VS. PROPOSED ESTIMATE OF POTABLE WATER DEMAND (I)
Acrem Averap'e Demand
Adopted Proposed Unit Demand Adopted Proposed
Parcel Land Use SPA Amended (2) (gpd/ac) SPA Amended
SPA SPA
VC-I Villa"" Center 38.1 51.4 1,785 68,009 91,749
VC-2/4 Villa;.; Center 13.6 13.6 1,785 24,276 24,276
E-1O Village Center 16.4 3.1 1,785 29,274 5,534
Emnlovrnent
Total 68.1 68.1 121,559 121,559
Sources: 1) Amended EastLake Village Center North Supplemental SPA Plan Water Analysis, PBS&J, March 2,
2005
2) OWD Water Resources Master Plan (August 2002), Table 4-3
TABLE 2
ADOPTED VS. PROPOSED ESTIMATE OF RECYCLED WATER DEMAND (I)
Irri~ated Acrea~e (2) A vera~e Demand
Adopted Proposed Unit Demand (') Adopted Proposed
Parcel Land Use SPA Amended (gpd/ac) SPA Amended
SPA SPA
VC-I Villa;, Center 3.81 5.14 2,232 8,504 11,472
VC-2/4 Villaoe Center 1.36 1.36 2,232 3,036 3,036
E-10 Village Center 1.64 0.31 2,232 3,660 692
Ernnlovrnent
Total 6.81 6.81 15,200 15,200
Sources: I) Amended EastLake Village Center North Supplemental SPA Plan Water Analysis, PBS&J, March 2,
2005
2) Irrigated acreage equal to 10 percent of gross area per OWD Water Resources Master Plan, Table 11-3
3) OWD Water Resources Master Plan (August 2002), Table 11-3
Page 29 of 39
15-53
TABLE 3
ADOPTED VS. PROPOSED ESTIMATE OF WASTEWATER GENERATION (1)
Acreage Wastewater Generation
Unit (,od)
Parcel Land Use Adopted Proposed Generation (2) Adopted Proposed
SPA Amended (gpd/ac) SPA Amended
SPA SPA
VC-I Villa.e Center 38.1 51.4 2,500 92,250 128,500
VC-2 Villa.e Center 13.6 13.6 2,500 34,000 34,000
E-IO Village Center 16.4 3.1 5,431 89,068 16,836
Emnlovrnent
Total 68.1 68.1 218,318 179,336
Sources: I) Amended EastLake Village Center North Supplemental SPA Plan Sewer Analysis, PBS&J, March 2,
2005
2) Chula Vista Subdivision Manual (July 2002), Section 3-301.1. Proposed land use for Parcel E-1O may
include outpatient medical offices, unit generation for E-I 0 based on Medical Center rate provided by
Kaiser Permanente.
Page 30 of 39
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TABLE 6
INTERSECTION OPERATIONS
Sceurio 3 Sceurio 4
Intersection Coatrol Peak Year 2010 With Year 2010 With
Type Hoor Adopted Project . Proposed Project'
Delay · LOS' Delay · LOS'
1. Otay Lakes JM.ISR 125 SB Ramps Signal AM 23.4 C 22.4 C
PM 23.1 C 20.9 C
2. Otay Lakes RdJSR 125 NB Rsmps Signal AM 13.1 B 12.5 B
PM 19.4 B 19.0 B
3. Otay Lakes RdlVons Dwy. Signal AM 25.0 C 26.5 C
PM 383 D 50.5 D
4. Otay Lakes RdJEastlake Pkwy. Signal AM 40.0 D 44.7 D
PM 413 D 48.3 D
5. Olay Lakes RdJLane Ave. Signal AM 30.8 C 29.1 C
PM 35.0 D 35.6 D
6. Ridgewater Dr .IEastlake Pkwy. 1WSC · AM 30.2 C 32.3 C
PM 34.6 C 33.2 C
7. Eastlake PkwyJMiller Dr. Signal , AM 34.2 C 34.2 C
PM 44.7 D 45.8 D
8. Eastlake PkwyJFenIon St Signal AM 30.9 C 30.5 C
PM 34.6 C 34.6 C
9. Lane A veJFenton St f AWSC' AM 253 C 25.8 C
PM 28.6 C 30.0 C
FootnotD:
a. Mitigation measures required by the Eastlakc Villago Center
North MND and the MMRP are assum<:d to be completed.
b. Average delay expressed in seconds per vehicle.
c. Leve1 of Service. See Appendix C forde1ay thresholds.
d. TWSC - Two-Way Stop Controlled intersection. Minor street
left turn delay is reported..
e. Analyzed as a signalized intersection fur the Year 2010
scenarios.
f. Intersection planned to be signalized in tbe immediate future.
Hence analyzed as a signalized intasection io both neat-telm
scenarios.
g. AWSC - A11.way STOP controlled intasection. Overall delay
and WS reported.
LINSCOTT. LA,w & GREENSPAN, engineers
SIGNALIZED
DELAY /LOS THRESHOLDS
Delay LOS
0.0 < 10.0 A
10.1 to 20.0 B
20.110 35.0 C
35.110 5S.0 D
55.110 80.0 E
> 80.1 F
UNSIGNALlZED
DELA YIlOS THRESHOLDS
Delay LOS
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10.110 15.0 B
IS.llo 25.0 C
25.1 to 35.0 D
35.\ to SO.O E
> SO.I F
Page 34of39
15-58
TABLE 7
YEAR 2010 STREET SEGMENT OPERA nONS
Existing Roadway Capacity at Sceoario 3 - Adopted Scenario 4 -
Street Segment Land Uses Proposed Land Uses
Class LOSC'
VoIame> LOS VoIame> LOS
OTAY LAKES ROAD
West ofVons Dwy. 7-Ln Prime Arlfrial 58,300 47,600 B 65,100 D
VonsDwy. to EastlakePkwy. 7-Ln PrimeArlfrial 58,300 47,600 B 65,100 D
Eastlake Pkwv. to laneA vo. 6-Ln Prime Arlfrial 50.000 39,600 B 57,600 E
EASTLAKE PARKWAY
North of Miller Dr. 2-LnMajor Arterial" 30,000 15,700 D 14,000 C
Miller Dr. to Fenton SL 4-Ln Major Arterial 30,000 10,600 A 10,600 A
Fenton SL to Olav lakes Rd 4-LnMajor Arterial 30,000 17,900 A 22,000 A
MILLER DRIVE
East ofEastlake Pkwv. 2-Ln Local Strert 12,000 900 A 1,100 A
FENTON STREET
EastlakePkwv. to lane Ave. 2-Ln Local Collector 12,000 S,OOO A 10,900 C
Footnotes:
a. City ofCWla Vista Roadway Capacity Standards.
b. Fulllre volum::s obtained from Village Seven Sectional PluringArca (SPA) Plan aOO ThIs Final EIR (EIR 04-(6) adopted on October 12, 2004.
c. Ths is a two-lane facility but functions as a I\.iajor Road since there no drivewaYs or median openings.
Hence, 50% of the capacity of a. 4-lanc Major Road is as:SlJJMd for this filcility.
linscolt, law & Greenspan, engineers
Page 35 of39
15-59
TABLES
BUILDOUT INTERSECTION OPERA nONS
IDtersediOll Control Peak DcIay' LOS'
Type Dour
I. otay Lakes RdJSR 125 SB Ramps Signal AM 35.9 D
PM 528 D
2. Otay Lakes RdJSR 125 NB Ramps Signal AM 32.0 C
PM 51.1 D
3. Otay Lakes RdNans Dwy. Signal AM 29.8 C
PM 533 D
4. Otay Lakes RdJEast\ake Pkwy. Signal AM 52.6 D
PM 49.7 D
5. Otay Lakes RdJLane Ave. Signal AM 29.0 C
PM 36.4 D
. 6. Ridgewater DrJEast1ake Pkwy. TWSC< AM 29.1 C
PM 22.0 C
7. Eastlake Pkwy JMiller Dr. d Signal AM 33.1 C
PM 37.1 D
8. Eastlake PkwyJFenton St. Signal AM 30.8 C
PM 36.0 C
9. Lane AveJFenlon S1. AWSC< AM 28.4 C
PM 303 C
FDotnotes:
a_ Average delay expressed in seconds per vehicle.
b. Level of Service. See Appendix C fOT delay thresholds.
c. lWSC - Two-Way Stop Controlled internec:tion. Minor
street left turn delay is reported.
d. Analyzed as a signalized intersection.
c. A WSC - All-way STOP controlled intersection.
Overoll delay and LOS reported
f. Mitigated with signal.
SIGNAUZED
DELAYnDSTHRESHOLDS
Delay LOS
0.0 < 10.0 A
10.1 to 20.0 B
20.1 to 35.0 C
35.1 to 55.0 D
55.1 to 80.0 E
> &0.1 F
UNSIGNAUZED
DELAY/LOS THRESHOLDS
Delay LOS
0.0 < 10.0 A
10.1 to 15.0 B
15.1 to 25.0 C
25.1 to 35.0 D
35.1 to 50.0 E
> 50.1 F
UNseon, LAw & GREENSPAN, engineefs
Page 36 of39
15-60
TABLE 9
BUILDOUT STREET SEGMENT OPERATIONS
street Segment Futme Roadway Class Capacity at Volume · LOS
LOSCa
OTAYLAKESROAD
WestofVonsDwy. 7-ln Prime ArtmaI 58,300 65,100 D
Vons Dwy. to East1akePkwy. 7-ln Prime ArtmaI 58,300 63,100 D
Eastlake Pkwy. to Lane Ave. 6-ln Prime ArtmaI SO,OOO 57,600 E
EASTLAKE PARKWAY
North of Miller Dr. 2-ln Major ArtmaI ' 15,000 16,000 D
Miller Dr. to Fenton St. 4-ln Major ArtmaI 30,000 29,400 C
Fenton St. to Olav lake; Rti 4-ln Major ArtmaI 30,000 31,900 D
MILLER DRIVE
East ofEastlake Pkwy. 2-ln Local Street 12,000 9,000 A
FENTON STREET
EastlakePkwv. to Lane Ave. 2-ln Local Collector 12,000 10,900 C
Footnotes:
01. City ofChula Vista Roadway Capacity Staroards.
b. Future volunu. obtained:from Villa&e 7 Traffic Inpact Analysi~ July 2004 (includes project tmfIic).
c. This is a two-lane facility but functions as a Major Road since thctc 00 drivcwaysor m::dian openings.
Hence, 50% of the capacity ofa 4-laoc Major Road isllS'Slltn:d for tbis facility.
Unscon, law & Greenspan, engineers
Page 37 of39
15-61
TABLE 10
ESTIMATED OPERATIONAL PROJECT EMISSIONS
WITHOUT PROJECT FEATURES (LBS/DAY) (1)
Cat.vorv ROG NOx CO PM10 SOX
Proposed Village Walk
. Vehicle 91.89 101.31 990.88 85.12 0.86
. Area Source 0.28 1.67 1.83 0.01 0.00
Totals 92.17 102.98 992.71 85.13 0.86
EL V CN (adopted land use)
. Vehicle 33.60 40.02 395.70 35.38 0.36
. Area source 0.23 0.94 1.54 0.01 0.00
Totals 33.83 40.96 397.24 35.39 0.36
Differenc.;!lmnact) 58.34 62.02 595.47 49.74 0.50
Sirnificance Threshold 55 55 550 150 150
Source: I) EastLake Village Walk Air Quality Impact Analysis, February 28,2005
TABLE 11
ESTIMATED MITIGATED OPERATIONAL PROJECT EMISSIONS WITH PROJECT
FEATURES(I)
Cateoorv ROG NOx CO PMIO SOX
Proposed Village Walk
. Vehicle 83.33 91.63 896.24 76.99 0.78
. Area Source 0.27 1.67 1.77 om 0.00
Totals 83.61 93.30 898.01 76.99 0.78
ELVCN (adopted land use)
. Vehicle 33.60 40.02 395.70 35.38 0.36
. Area source 0.23 0.94 1.54 0.01 0.00
Totals 33.83 40.96 397.24 35.39 0.36
Difference!Imnact) 49.78 52.34 500.77 41.60 0.42
Si.nificance Threshold 55 55 550 150 150
Source: I) EastLake Village Walk Air Quality Impact Analysis, February 28,2005
Page 38 of39
15-62
TABLE 12
ESTIMATED PROJECT AND SAN DIEGO AIR BASIN EMISSIONS (1)
Cate20ry ROG NOx CO PMIO SOX
San Diego Air Basin (annual average in
tons/day)
. 2005 188 177 983 118 nJa(2)
. 2010 175 142 798 125 nJa(2)
Net Increase for Proposed EastLake
Village Walk Project (with mitigation in
Ibs/day) 49.78 52.34 500.77 41.60 0.42
Proj ect contribution to basin wide
emissions
. 2005 0.013% 0.015% 0.025% 0.018% --
. 2010 0.014% 0.018% 0.031% 0.017% --
Source:
I) EastLake Village Walk Air Quality Impact Analysis, February 28, 2005 and Tables 6 and
Table 4-37 CA ARB Almanac 2005
2) Value not available.
Page 39 of 39
15-63
ATTACHMENT "A"
Mitigation Monitoring Reporting Program
18-04-027
This Mitigation Monitoring Reporting Program is prepared for the City of Chula Vista in
conjunction with the proposed EastLake Village Walk (IS-04-027). 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 IS-04-027. The Mitigation
Monitoring Reporting Program for this project ensures adequate implementation of mitigation
for the following potential impacts(s):
1. Water Quality
The proposed project would not result in new impacts on water quality. As previously identified
in the EastLake Village Center North MND (EL VCN MND (IS-02-0B)), grading, construction
and operation of the proposed project would increase the potential for erosion and impacts on
water quality from runoff that contains silt, oils, fuel residues, etc. The impact to water quality
was determined to be mitigable to below significance. The proposed project would result in the
same impact to water quality as previously identified in the EL VCN MND, and therefore
applicable mitigation measures from the EL VCN MND Mitigation Monitoring Reporting
Program (MMRP) have been reprinted in this MMRP.
2. Air Quality
The proposed project would not result in new impacts on air quality. As previously identified in
the ELVCN MND (IS-02-0B), grading of the site would generate construction equipment
emissions and airborne particulates. In addition, particulates associated with grading equipment
(particulates from haul trucks, dirt on the truck tires, and dirt on unimproved portions of haul
routes) would become airborne during hauling operations. The incremental increase in mobile
emissions from site improvement would contribute to existing air quality violations on a short-
term basis. Further, in compliance with SEIR 92-01, compliance with the project's Air Quality
Improvement Plan (AQIP) was required. Impacts to air quality were determined to be mitigable
to below significance. The proposed project would result in the same impact to air quality as
previously identified in the ELVCN MND (IS-02-0B), and therefore, applicable mitigation
measures from the ELVCN MND MMRP (IS-02-0!3) have been reprinted in this MMRP.
3. Geology
The proposed project would not result in new impacts to geology. As previously identified in the
ELVCN MND (IS-02-0B), grading of site would impact unsuitable geologic conditions. The
impact to geology was determined to be mitigable to below significance. The proposed project
would result in the same impact to geology as previously identified in the ELVCN MND (IS-02-
Revised 6/13/2005
15-64
013), and therefore, applicable mitigation measures from the ELVCN MND MMRP (15-02-013)
have been reprinted in this MMRP.
4. Transportation
The proposed project would not result in new traffic impacts. As previously identified in the
EL VCN MND, development of the site would generate sufficient volume of traffic to reduce
levels of service at the intersections of Otay Lakes Road/Vons driveway and EastLake
ParkwaylMiller Drive to unacceptable levels. Development of the project site would also result
in significant cumulative traffic impacts. These traffic impacts were determined to be mitigable
to below significance. The proposed project would result in the similar impacts as previously
identified in the ELVCN MND (15-02-013), and therefore, applicable mitigation measures from
the ELVCN MND MMRP (15-02-013) have been reprinted in this MMRP. The recommended
lane assignment has been modified for the proposed project on some approaches, but there is no
change in the pavement widths recommended in the EL VCN MMRP.
5. Paleontological Resources
The proposed project would not result in new paleontological impacts. As previously identified
in the EL VCN MND, the grading of the site may impact the Otay Formation, which has high
paleontological resource potential. The potential impact to paleontological resources was
determined to be mitigable to below significance. The proposed project has the potential to
result in the same impact to paleontological resources as previously identified in the EL VCN
MND (15-02-013).. and therefore, applicable mitigation measures from the ELVCN MND
MMRP (15-02-013) have been reprinted in this MMRP.
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 EastLake Village Walk MND (15-04-
027) shall be provided by the applicant to the Environmental Review Coordinator. The
Environmental Review Coordinator will thus provide the ultimate verification that the mitigation
measures have been accomplished.
Revised 6/13/2005
15-65
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ATTACHMENT 4
Village Center North Supplemental SPA
Amendments (Document)
15-78
ATTACHMENT 5
Ownership Disclosure Statement
15-79
~lf?
:-~--:
APPLICATION . DEVELOPMENT PROCESSING · TYPE B
C!IY OF
0ilI1A vJSrA
Part 2
General Development plan
General Development Plan Name:
Proposed Land Uses l Tolel Acres:
Commercial / 13
Parks/
Community Purpose /
Public/Quasi /
EastLake IT General Development Plan
Acres
Acres
Acres
Acres
Industrial /
Schools /
Circulation /
Open Space /
Acres
Acres
Acres
A<:res
Residential/Range:
Single Family Detached /
Single Family Attached /
Duplexes / .
Apartments /
Condominiums /
to Units Acres
to Units Acres
to Units Acres
10 Units Acres
to Units Acres
to Units Acres
TOTALS /
Annexation
Prezoning:
LAFCO Reference I:
;
Tentative Subdivision Map
Subdivision Name:
Minimum lot size:
CV Tract I:
Number of units:
Average lot size:
Zone Change
!XI Rezoning
Proposed zoning:
o Prezoning
o Setback
Amendment to Site Utilization Plan & SPA Text. (Refer to attached Proiect Descriotion)
EastLake I SPA (Village Center ;North Supplementary SPA)
Print owner name";
Dale: 3/9/04
Authorixation
Print applicant name:
Applicant Signature:
Owner Signature':
"Proof of ownership may be r
276 Fourth Avenue
Chula Vista I California
15":'80
91910
(519) 591.5101
r.:-;:;l
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Proposed General Plan Amendment
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COMMERCIAL
I~DUSTRIAl
Excerpt from
GENERAL PLAN
DIAGRAM
_ Relail
P,otelsional &
Adminisl,atj'e
_ Research &
limited
Manutacluring
Exhibit A
15-81
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Exhibit B
15-82
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Site Utilization Plan
Proposed
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SPA I
Key Map
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Parcel I Land Use
VC-1 Village Center
VC-2 Village Center
VC-4 Village Center
E-10 ViI. Ctr. Employment
Total
Acres I
51.4
4.3
9.3
3.1
68.1
_. __ SPAI Boundary
Supplemental Village
- .. - Center North SPA
Boundary
Note: This exhibit and statistics am for /he Village Center North
Supplemental SPA Planning Ama only. Refer to the Eastl.ake I
Site Utilization Plan for to/al SPA Plan statistics.
Amendment Area
Village Center NOEth Supplemental SPA Plan
~E'ASTLAKE I
A plannelleommunlty by The Ea'tLake Company
Cinb Land Planning
j-;""";"-I n-'
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Exhibit C
15-83
RESOLUTION
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM IS-04-027; APPROVING
AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE II
GENERAL DEVELOPMENT PLAN, AND THE EASTLAKE I VILLAGE
CENTER NORTH SUPPLEMENTAL SECTIONAL PLANNING AREA SPA
PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR THE
NORTHERLY 13.3 ACRES AT THE NORTHWEST CORNER OF EASTLAKE
P ARKW A Y AND MILLER DRIVE INTERSECTION.
I RECITALS
A Project Site
WHEREAS, the area ofland which are the subject of this Resolution are diagrammatically
represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly
known as EastLake Village Walk, and for the purpose of general description herein consist
of 13.3 acres at the northwest corner of EastLake Parkway and Miller Drive intersection
within the EastLake Planned Community ("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS, duly verified application was filed with the City of Chula Vista Planning
Department on March 17, 2004 by Sudberry Properties, Inc. ("Developer") requesting
amendments to the City's General Plan, EastLake II General Development plan, Eastlake II
Planned Community District Regulations and Land Use Districts Map, and the EastLake I
Village Center North Supplemental Sectional Planning Area (SPA) plan and associated
regulatory documents, including design guidelines, Public Facilities Finance Plan, Air
Quality Improvement Plan and Water Conservation Plan for the northerly 13.3 acres
located at the northwest corner of EastLake Parkway and Miller Drive intersection
("Project); and,
C Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of various
entitlements and agreements, including: I) amended Eastlake II General Development Plan
(GDP) approved by City Council Resolution No. 2003-140 on April 8, 2003, and City
Council Resolution No. 2003-293 on July 8, 2003; 2) Eastlake I Village Center North
Supplemental SPA approved by City Council Resolution No. 2002-264 on July 23, 2002,
and amended by City Council Resolution No. 2003-293 on July 8, 2003; and 3) amended
Eastlake II Planned Community District Regulations approved by City Council Ordinance
No. 2905 on April 15, 2003, and amended by City Council Ordinance No. 2925 on July IS,
15-84
2003; and,
D. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
July 27,2005 and voted to forward a recommendation to the City Council on
the Project; and,
WHEREAS, the proceedings and all evidence introduce before the Planning Commission at
the public hearing on this project held on July 27, 2005 and the minutes and resolution
resulting there from, are hereby incorporated into the record of this proceedings; and,
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project application
and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the city, and its mailing to property owners within 500
ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing.
NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and
resolve as follows:
II. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program (IS-04-027) 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 Chuia Vista, and
reflects the independent judgment of the City. The City Council hereby adopts the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-
027).
.lV. APPROVAL OF GENERAL PLAN AMENDMENT
The Chula Vista General Plan Land Use Diagram is hereby amended as set forth and
diagrammatically represented in Exhibit "A," a copy of which is on file in the office of the
City Clerk, known as Document , to change the land use designation of 13.3 acres at
the northwest corner of EastLake Parkway and Miller Drive intersection from Research and
Limited Manufacturing to Commercial Retail.
2
15-85
V. GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the General Plan consistency is internally
consistent and shall remain internally consistent following the amendments thereon in this
Resolution.
VI. GENERAL DEVELOPMENT PLAN FINDINGS
THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL
DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE
CHULA VISTA GENERAL PLAN, AS AMENDED.
The proposed amendments to the EastLake II General Development Plan reflects the land
use, circulation system and public facilities that are consistent with the City's General Plan
as proposed to be amended.
PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC
USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE
ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE.
A Supplemental Sectional Planning Area plan known as the Village Center North
Supplemental SPA has been previously established for the Project Site, which was a
continuation of the EaslLake I SPA plan policies and development regulations, was adopted
by the City Council on July 23, 2002.
IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH
DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF
SUSTAINED DESIRABLITY AND STABILITY; AND THAT IT WILL BE IN
HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER
OF THE SURROUNDING AREA; AND THAT THE SITES PROPOSED FOR PUBLIC
FACILITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE ADEQUATE
TO SERVE THE ANTICIPATED POLPULATION AND APPEAR ACCEPTABLE TO
THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF.
The project does not involve residential development.
VII. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN
In light of the findings above, the amended EastLake II General Development Plan is
hereby as set forth and diagrammatically represented in Exhibit "B," approved and
adopted in the form presented to the City Council and on file in the office of the City
Clerk.
3
15-86
VIII. SPAFINDINGSI APPROVAL
A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN
CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN
AND THE CHULA VISTA GENERAL PLAN.
The EastLake I Village Center North Supplemental SPA Plan amendment reflect the
land use, circulation system and public facilities that are consistent with the
EastLake II General Development Plan and the City of Chula Vista General Plan, as
set forth and diagrammatically represented in Exhibit "C," approved and adopted in
the form presented to the City Council and on file in the office of the City Clerk.
B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE
ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREAS.
The development of the Project Site is subject to the requirements, restrictions and
limitations prescribed in the EastLake I Village Center North Supplemental Public
Facilities Finance Plan (PFFP) and therefore will be constructed in the order
outlined in the PFFP.
C. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS
AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
The Land uses within the EastLake I Village Center North Supplemental SPA plan
represent the circulation system and overall land use intent as previously envisioned
in the EastLake II General Development Plan. Thus, the amended Supplemental
SPA will not adversely affect the adjacent land uses, residential enjoyment,
circulation or environmental quality of the surrounding uses.
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION,
AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH
AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH
DEVELOPMENT WILL MEET PERFORMANCE STANDARDS
ESTABLISHED BY THIS TITLE.
The amendments do not involve areas planned for industrial or research uses.
4
15-87
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE
APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE
PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH
DEVELOPMENT.
The proposed amendments do not involve Institutional, Recreational or similar
uses.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The Project Site will be served by EastLake Parkway, a 4-lane prime arterial.
EastLake Parkway has been widened to five lanes to accommodate the required
turning lanes at the intersection with Otay Lakes Road.
Regional access will be provided primarily by I-80S located approximately 5
miles to the west, and eventually by the future SR-125, immediately adjacent to
the west. Required improvements installation timing and financing mechanism are
discussed in the Village Center North Public Facilities Finance Plan. Thus, the
streets proposed to serve the Project Site are suitable and adequate to carry the
anticipated traffic thereon.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT
SUCH PROPOSED LOCATION (S).
The proposed amendments increase the acreage designated Commercial Retail to
allow for a specialty commercial center development to provide needed commercial
facilities, such as a gourmet supermarket, major bookstore, and facilities, including
restaurants and other similar uses, to complement the existing major commercial
center directly south.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY
WITH SAID DEVELOPMENT.
The proposed amendments are consistent with the previously approved plans and
regulations applicable to surrounding areas, and therefore said development can be
planned and zoned in coordination and substantial compatibility with said
development.
5
15-88
BE IT FURTHER RESOLVED that in light of the findings above, the City Council does
hereby approve the EastLake I Village Center North Supplemental SPA amendments and
adopts the new EastLake I Village Center North Supplemental SPA plan as presented in
Exhibit C subject to the conditions set forth below:
IX. SPA PLAN CONDITIONS OF APPROVAL
L Implement the Federal and State mandated conservation measures outlined In the
EastLake I Village Center North Supplemental Water Conservation Plan.
2. Implement the non-mandated water conservation measures, which include 1) Hot Water
Pipe Insulation 2) Pressure Reducing Valves, and 3) Water EfficientJDrought Tolerant
Landscaping.
3. Prior to approval of building permits for each phase of the project, the applicant shall
demonstrate that air quality control measures outlined in the EastLake I Village Center
North Supplemental Air Quality Improvement Plan pertaining to the design, construction
and operational phases of the project have been incorporated in the project design.
4. Trash collection areas shall be covered, bermed or other approved method as approved by
the City Engineer to prevent runoff of polluted water across paved areas into the storm
drainage systems.
5. Implement all requirements of the Mitigation Monitoring and Reporting Program as
stipulated in IS-04-027.
X. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of shall
future building permits, deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted, instituted and prosecute litigate or
compel their compliance or seek damages for their violations. No vested rights are gained
by Developer or successor in interest by the' City approval of this Resolution.
6
15-89
XI. INV ALInITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
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 the Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so detennines in its
sole discretion, this resolution shall be deemed to be revoked and no further in force or in
effect.
Presented By:
Approved as to form by:
James D. Sandoval
Director of PI arming
dt~
Ann Moore
City Attorney
J:\Planning\StanD\Eastlake\Vil1age Walk\Reports & Resos\PCM-Q4-14CC RESQ.doc
7
15-90
Proposed General Plan Amendment
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15-91
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Note: ThiS exhibit and staOlitics are for the VlJlage Center Norlh
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6/14105
Exhibit C
15-93
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
EASTLAKE II PLANNED COMMUNITY DISTRICT
REGULATIONS AND LAND USE DISTRICTS MAP FOR 13.3
ACRES AT THE NORTHWEST CORNER OF MILLER DRIVE
TERMINUS AND EASTLAKE P ARKW A Y.
1. RECITALS
A. Project Site
WHEREAS the area of land, which is the subject of this Ordinance is
diagrammatically represented in "Exhibit D" and incorporated herein by this reference and for the
purpose of general description herein consists of 13.3 acres known as EastLake Village Walk, and
located at the northwest corner of EastLake Parkway and Miller Drive intersection within the
EastLake Planned Community ("Project Site"); and,
B. Project; Application for Discretionary Approvals
WHEREAS a duly verified application was filed with the City of Chula Vista
Planning and Building Department on March 17, 2004 by Sudberry Properties, Inc. requesting
amendments to the EastLake II Planned Community District Regulations and Land Use Districts
Map; and,
WHEREAS, the VC-Ialand use district is being created as a "Project Specific Land
Use District" to allow specific types ofland uses only in conjunction with the construction of the
approximate 165,000 square foot specialty retail center; and,
WHEREAS, the new V C-I a land use district permitted and conditional uses include
gourmet markets, specialty retail shops, maj or bookstore, restaurants; and,
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of various
entitlements and agreements, including: I) amended Eastlake II General Development Plan (GDP)
approved by City Council Resolution No. 2003-140 on April 8, 2003, and City Council Resolution
No. 2003-293 on July 8, 2003; 2) Eastlake I Village Center North Supplemental SPA approved by
City Council Resolution No. 2002-264 on July 23,2002, and amended by City Council Resolution
No. 2003-293 on July 8, 2003; and 3) amended Eastlake II Planned Community District Regulations
approved by City Council Ordinance No. 2905 on April 15, 2003, and amended by City Council
Ordinance No. 2925 on July 15, 2003; and,
D. Planning Commission Record of Application
15-94
Ordinance No.
Page 2
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on July 27,2005 and voted ( 5-0-0-2) to forward a recommendation to the City Council on
the Proj ect; and,
WHEREAS, the proceedings and all evidence introduce before the Planning
Commission at the public hearing on this project held on July 27, 2005 and the minutes and
resolution resulting there from, are hereby incorporated into the record of this proceeding; and,
E. City Council Record of Application
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on August 23, 2005 on the Project discretionary approval
applications, and to receive the recommendation of the Planning Commission and to hear public
testimony with regard to same; and,
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notices of said hearings, together with its purposes 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 Sites at least 10 days prior to the hearing; and,
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council hearing at which this Ordinance was introduced
for first reading on August 23, 2005, the City Council of the City of Chula Vista approved
Resolution _by which it adopted the amendments on the City of Chula Vista General Plan,
EastLake II General Development Plan and EastLake I Village Center North Supplemental Sectional
Planning Area (SPA) Plan.
NOW THEREFORE, the City ofChula Vista does hereby fmd, determine and ordain
as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at its public hearing
on the Project held on July 27,2005, and the minutes and resolutions resulting there from, are hereby
incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Mitigated Negative Declaration (1S-04-027) and 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 Mitigated Negative Declaration 1S-04-027.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council exercised its independent review and judgment and concurred with the
15-95
Ordinance No.
Page 3
Environmental Review Coordinator's determination that the proposed would not have a significant
effect on the environment in light of the whole record before the City of Chula Vista, and the
adopted Mitigated Negative Declaration (IS-04-027) in the form presented has been prepared in
accordance with requirements of the California Environmental Quality Act (CEQA), the State
Guidelines, and the Environmental Review Procedures of the City ofChula Vista and has reviewed
md considered same.
V. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS
The City Council hereby finds that the proposed amendments to the EastLake II Planned Community
District Regulations are consistent with the City of Chula Vista General Plan, as concurrently
amended, and public necessity, convenience, the general welfare and good zoning practice support
the amendment.
VI. APPROVAL OF ZONE AMENDMENTS
The City Council does hereby approve the amendments to the EastLake II Planned Community
District Regulations, Land Use Districts Map as represented in "Exhibit D".
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance 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 orunenforcable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
VIII. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the 30th day from and after its adoption.
Presented by:
Approved as to form by:
aL f;VL~
James D. Sandoval
Director of Planning and Building
15-96
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RESIDENTIAL
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RM.24
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ResidentIal Estates
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Residential Single Famtly
Residential Planned Concept
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VC.1a
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PA
Residential Condoniinium
Residentlal Planned Concept
Residentlar Condominium
Residential Condominium
Residential MultJ.Family
Residential MuftJ-Family
VilLAGE CENTER & COMMERCIAL
VOIage Center (Retail)
Vilfage Center (RetaiO ProDOSed New District
Village Center (Prof, Admin./Ud, Relail)
Village Center (Reta/7)
Freeway Commercial
Professional & Admlnistrative
BusIness Center (Manufacturing Park District)
Business Center (Manufacturing Service District)
Business Center (Core Distdcl)
SPECIAL PURPOSE
OS.1 Opon Space
. 0$-2 Open Space
OS-3 Open Space
05-4 Open Space
0$-5 Open Space
OS41 Open Spoce
OS-7 Open Space
FlI Pulura Urban District
PQ Public/Quasi-public DIstrict
CPF Communfty PurpOse District
(GH) Gues' House Land Use District OVerlay,
(Refer to Section 11,30 in PC Oist. Regs,
BUSINESS CENTER
BC-1
BC.2
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A planned community by The Eastlake Co.
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ElI14105
Exhibit D
15-97
CITY COUNCIL AGENDA STATEMENT
Item: 1&
Meeting Date: 08/23/05
ITEM TITLE:
PUBLIC HEARING: Consideration of PCM-05-l7 and PCZ-06-0l;
Amendment of the Otay Ranch Village Seven Sectional Planning Area (SPA)
Plan Planned Community (PC) District Regulations to re-zone a portion of
Neighborhood R-2 from SF -4 to RM -1, and modify the required setbacks for
entry features in the RM-l zone.
ORDINANCE: Ordinance of the City Council approving an amendment to
the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan Planned
Community (PC) District Regulations re-zoning a portion ofN eighborhood
R-2 from SF-4 to RM-l on the Land Use Districts Map, and modifying the
required setbacks for entry features in the RM -1 Zone.
Located southeast of Birch Road and La Media Road - Otay Project, LP.
SUBMITTED BY: Director ofPlannin~ and BUildin~
REVIEWED BY: CityManager P (4/5Vote:Yes_No...K..)
Otay Project, LP (Otay Ranch Company) has applied to amend the Village Seven Sectional Planning
Area (SPA) Plan Planned Community (PC) District Regulations Land Use Districts Map and re-zone
a portion of Neighborhood R-2 from SF-4 to RM-l, and modify the required setbacks for entry
feature in the RM-l zone.
The Environmental Review Coordinator has reviewed the proposed proj ect for compliance with the
California Environmental Quality Act (CEQA) and has determined that the proposed project was
adequately covered in previously adopted Final Second Tier EIR (EIR-04-06), for the Otay Ranch
Village Seven SPA Plan and Tentative Maps. Thus, no further environmental review or
documentation is necessary.
RECOMMENDATION: That the City Council adopt the Ordinance to amend the Planned
Community (PC) District Regulations and rezone a portion of Neighborhood R-2 from SF-4 to RM-
I, and modify the required setbacks for entry features in the RM-l zone.
BOARDS AND COMMISSION RECOMMENDATION: On August 10, 2005 the Planning
Commission considered the proposal and voted 4 - 0 - 0 - 3 recommending that the City Council
approve the SPA Amendment and redesignations.
16-1
Page No.2, Item: 1(;
Meeting Date: 08/23/05
DISCUSSION:
1. Project Background
On October 14, 2004, the City Council approved the Village Seven SPA Plan. The SPA Plan
depicted single-family lots in Neighborhood R-2 on the Site Utilization Plan.
However, the 170 alley lots shown on the Otay Ranch Company's Tentative Map (PCS-05-09),
which range in size from 2,nO-sq. ft. to 3, 190-sq. ft., cover an area of approximately 11.4-acres
and propose a density of 14.9 dwelling units per acre and were shown on the Land Use Districts
Map as SF-4 instead ofRM-l.
The Village Seven SPA Land Use Districts definitions are as follows:
SYMBOL GENERAL DESCRIPTION
SF3 Single Family Three: District which permits single family housing located
on lots >5,000 square feet
SF4 Single Family Four: District which permits single family housing located
on lots < 5,000 square feet.
RMl Residential Multi-Family One: District which permits housing ranging
from 8 units/acre up to 14.9 units/acre including small lot single family,
allev, duplex, townhouse and stacked flats product tvoes
RM2 Residential Multi-Family Two: District which permits housing at densities
from 15+ units/acre.
CPF Community Purpose Facility: District which permits uses established pur-
suant to the Community Purpose Facilities requirements of the P-C Planned
Community Zone
OS/Pl Open Space/Park One: District which permits developed or usable open
space and park uses, and may include naturalized open space
VILLAGE SEVEN SPA LAND USE DISTRICTS DEFINITIONS
This amendment is "clean-up" in nature to the Village Seven SPA Plan, since the approved
tentative map for this portion of Village Seven showed lots designed for the alley product that
would have required the RM-lland use designation.
This amendment will allow the property development standards in the RM-l residential district
to change the front yard setback to an entry feature porch, veranda or semi-private courtyard to
be determined by Design Review in the Planned Community (PC) District Regulations.
16-2
"'
Page No.3, Item: ......
Meeting Date: 08/23/05
Based on the Land Use Districts Map and Definitions, the alley product lots depicted on the
concurrently approved Otay Ranch Company subdivision (Tentative Map PCS-05-09) should
have been designated RM-1.
In addition, the applicant is requesting flexibility to provide a more substantial semi-public
courtyard in the front yard than what is allowed by the Planned Community (PC) Property
Development Standards.
An 8- ft. setback is currently required for a porch or veranda entry feature or a 6- ft. setback is
required for a semi-private courtyard, and the main residence setback for an alley product is a
minimum lO-ft. The Otay Ranch Company is requesting these development standards be
determined based on the design of the alley project.
All multi-family land use districts (RM-I and RM-2) developments must be reviewed and
approved by the Design Review Committee. The project proposes semi-public courtyards, which
having a fixed front yard setback would be prohibited unless the setbacks were granted the
flexibility to be determined by Design Review.
2. Project Site Setting
The alley product lots are located in the hub of the Otay Ranch Company portion tentative map,
surrounding the private pedestrian park. The overall tentative map shows that the only
developable portion currently is the northern quadrant. The southern portion is surrounded by
the "VORTAC," the 50-acre parcel owned by the FAA.
3. General Plan Land Use and Zoning
General Plan
The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel
for urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages are
intended to contain higher residential densities and a variety of mixed-uses in the "Village
Cores," surrounded by single-family homes in the secondary residential areas outside of the
village cores. The Neighborhood R-2 planning area is a secondary residential area of Village
Seven.
Zoning
The subject property is currently zoned Planned Community (PC), and within the Village Seven
SPA Plan Planned Community (PC) District Regulations the Neighborhood R-2 is designated
16-3
P N 4 I 1&
age o. , tern:
Meeting Date: 08/23/05
Single Family Four (SF-4). The proposal is to re-designate the alley product lots Residential
Multi-Family One (RM-l).
Land Use
Village Seven is currently undergoing grading operations in both the Otay Ranch Company and
McMillin Company Tentative Map portions. The Sweetwater Union High School District High
School 50-acre High School #13 site, primarily located in the McMillin map portion, was
recently graded and delivered to the school district.
4. Project Description
The applicant proposes to amend the Planned Community (PC) District Regulations (a) Village
Seven Land Use Districts Map and (b) the Property Development Standards for Residential
Districts Yards and Setbacks in order to:
(1) Designate the alley product lots in Neighborhood R-2 as RM-l, and
(2) To allow for design review flexibility to the fixed front yard setback requirement for
pedestrian-oriented entry features such as porches, verandas and semi-public courtyards.
5. Staff Analysis
The proposed amendment to the Village Seven SPA Plan Land Use District Map and the
Planned Community (PC) District Regulations for front yard setbacks provides a necessary
correction and the potential for flexibility in evaluating and approving the alley products
proposed in Village Seven.
The Land Use District Map amendment is a correction to an inadvertent oversight in the review
and approval process of the Village Seven SPA Plan. It is necessitated by the fact that both the
housing lot type (alley) and density (14.9 units/acre) require the RM-l land use district
designation in order to be developed.
With regards to the Planned Community (PC) District Regulation change requested, it appears
that the need for flexibility in the fixed front yard setback requirement for pedestrian-oriented
entry features such as porches, verandas and semi-public courtyards is warranted.
The open space provision for each of the alley product lots are somewhat constrained because of
the unique alley lot dimensions (average 34 x 80) and the fact that each unit must be detached.
The type of housing unit necessary at the prescribed density usually requires that the product be
long, tall and narrow, with a two or three story profile served by a pedestrian only entry in the
16-4
Page No.5, Item: !,! (
Meeting Date: 08/23/05
front yard, and attached two-car garage in the rear yard, a zero lot line side yard on one side, and
a relatively small (IO-ft.) side yard dimension on the other. This leaves the front yard area as
the only other open space opportunity.
The Planned Community (PC) District Regulations currently require a minimum 8- ft. setback to
an entry feature such as a porch or veranda, and a minimum 6-ft. setback for a semi-public
courtyard, even though the main residence setback may only be 10- ft. for alley product. This
requirement could conceivably limit some building envelops to providing only 2 -ft. deep entry
feature porches or verandas, and 4-ft. deep semi-public courtyards, unless the main residence
was set further back.
The request to allow design review flexibility for front yard pedestrian features such as porches,
verandas, and semi-public courtyards will allow for more usable open space amenities to be
created for the alley product, while also providing the potential for greater variation in the main
residence building setbacks along the street.
The minimum dimensions for porches, verandas, and semi-public (front yard) courtyards for
lots less than 40-ft. wide is 60-sq. ft. with a 6-ft. minimum dimension, requiring the other
dimension to be a minimum IO-ft. The required standard for deeper and wider dimension
porches, verandas or courtyard features will provide for a more usable open space amenity for
alley product residents.
CONCLUSION:
Staffbelieves that the proposed amendment to the Village Seven SPA Plan correcting the Land Use
District designation and modifying the Planned Community (PC) District Regulations are consistent
with the Otay Ranch GDP policies, and recommends approval of the amendment.
FISCAL IMP ACT: There are no fiscal impacts from the preparation of this staff report and the
processing ofthis Otay Ranch Village Seven Sectional Planning Area (SPA) Plan Amendment. All
costs are covered by the deposit accounts. In addition, this amendment makes no changes to the
Public Facilities and Financing Plan (PFFP) for public infrastructure improvements required in
support ofthe uses proposed in the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan,
in accordance with the requirements of the City's subdivision polices and regulations.
ATTACHMENTS:
1. Otay Ranch Village Seven SPA Plan Locator Map
2. Application and Disclosure Statement
3. Planning Commission Resolution No. PCM-05-17
J :IPLANNING\HAROLDIPCM-05-17CCREPORT.DOC
16-5
PROJECT
lOCATION
CHULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR ~~~cl~~1T: Otay Project, LP PROJECT DESCRIPTION:
C) MISCELLANEOUS
PROJECT Village 7
ADDRESS: Request: Village 7 SPA amendment
SCALE: FILE NUMBER:
NORTH No Scale PCM-05-17 Relaled cases:
J:\pJannmg\carlos\Jocators\pcm0517 .cdr 06.06.05
MAY.31200511:21AM
NO. 564
P 2
P I ann
n g
& Building
Planning Division
Department
Development Processing
CITY OF
CHUlA VISfA
APPLICATION · DEVElOPMENi PROCESSING . TYPE B
Part 1
T e of Review Re u!!sted
o
A lieatian Information
Applicant Name: Ota? Project. LP
Applicant Address: 610 West Ash Street, Suite ISDn. San Diego, CA 92101
Contacl: Ranie Hunter Phohe: (619) 234-4050 eoct. 107
Applicant's Inlerest in Property (Ir appliCant Is nol the owner. the owner's authorization signature at the end of Ihis Form is required
to process this reques!.) OlOwn 0 lease 0 In escrow 0 Option to purchase
Engineer/Agent: Hunsaker & Associates Address: 1D179 Huennskens St., San Diego, CA 921~1
Contacl: Lel< "Uliman Phone: (858) 558-4500
Primary contacr is: l!J.App/icanl 0 Agent 0 Email addressofprimarycontact:RHunter@otay:canch.com
General Pro'eet Deser;
es)
Project Name: ViLl.age 7 SPA AllIendment
Ganeral Description or Proposed Project: Amend the
neighborhood R-2 SF4/RM1 and modify
the sil< (6) foot front yard setback
RMl Zone~
Proposed Use:Residential
Village 7 SPA PC District Regulations to zone
the Property Development Standards to eliminate
to porch and semi-private courtyards within the
looation/Street Addra,,: Village 7
Assessor's Parcel #: 644-030-14 Total Acreage: S1 .0 Redevelopment Area (ir .ppllcable):N/A
General Plan Designation, PC . ... M V Zone Designation: SF4 lp t..) .
Plannsd Community !llappll<able): Otay Ranch
Currant land Us.: Acti VEl grading Within Montgomery Speclric Plan7.. 0 Yes C9 No
Generall'lch Amendment
Proposed Land Use Designation: N/A
Justification for General Plan change~
276 Fourth Avenue
(hula Vista
Califotnia
16-7
91910
1619) 691.5101
Il.t"l' 5.,O~
1';1/2
~ ! \
-=--r
r ~
MAY. 3 1 2005 11: 2 1 AM
NO. 564
P 3
~If?-
---
~
cnv ot
CHULA VISfA
APPLICATION . DEVELOPMENT PROCESSING . TYPE B
Part .2
General Development plan
General Development Plan Name:
Proposed land Uses I Total Acres:
Commercial / Acres
Parks I Acres
Community Purpose / Acres
Public/Quasll Acres
Industrial /
School. I
CirCUlation I
Open Space /
Acres
Acres
Acres
Acres
Residenlial / Range:
Single Family Detached /
Single Family AUached /
Duplexes /
Apartments /
Condominiums /
to Units
10 Unils
10. Units
to Units
10 Units
10 Units
Acres
Acres
Acres
Acres
Acres
Acre:;
ToTALS I
Annexation
Prezonlng;
lAFCO Ref.rence #:
Tentative Subdivision Ml:lp
Subdivision Name:
CV Tract #:
Minimum lot size:
Numb.r of units:
Average 101 size:
Zone Change
[:I Rezoning
Proposed zOl1ing:
o pr..oning
SF4/RMl
o Setback
Authorization
Print applicant name:
Applicant Signature,
Dote:
Prlnl owner name':
Owner Signature': _. Dote;
"'Proof of oWhershlp may be requIred, letter of consent may be provltlad In lieu or signature.
5//;;-/0.5
f t
2i6 FOlJrth Avenue
Cnul. Vlst. /1 6~~orni.
91910
(519) 591-5101
Rt'Y5.03
~;zn
MAY.31200511:21AM
NO.5 6 4
P 4
~\I?-
--~
,
-
p I ann
ng & Building
Planning Division
Department
Development Processing
em OF
CHUlA VISTA
Al>PlICATION APPENDIX A
Project Description & Justification
Project Name: Village 7 SPA Alnendment
Applicant Name: otay project, LP
Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval 01
this proJact, and the project's benefits to ycurself. the property. the neighborhood, and the City of Chula visla. Include any
details necassary to adequately explain the scope and/or operation of the proposed project. You may Includa any
background inlonmallon and supporting statements regarding the reasons for, or appropriateness of, the application. Use
an addendum sheet if necessary.
For all Conditional Use Parmits or Variances, please address lhe required "findings" as listed in the Application Procedural
Guide.
This proposed proiect would amend the Otav Ranch Village Seven SPA PlanlPC District
Regulations Land Use Districts map (Exhibit PC-I) to designate neighborhood R-2 a
combined S F41RM1 z one and would amend the" Property D evelooment Standards for
Residential Districts Yards & Setbacks" to eliminate the 6' minimum front vard set back
to the porch. entrv feature or veranda and to tht:: st::mi-private courtyard setbacks will be
determined during design review. This proposal will authorize construction of alley
homes on the 34'x 80' lots previously approved bv the Planning Commission and City
Council. while applying the SF4 zone to the 50' x 85' single family lots within the R-2
neighborhood. Providing flexibility on the front-vard set-backs will result In an
interesting and varied streetscape and enhance overall poot::strian orientation.
276 Fourth Avenue
Chula Vista
California
16-9
91910
(619) 691.5101
MA Y. 31. 2005 11: 22 AM
NO. 564
P. 7
P I ann
n g
& Building
Planning Division
Department
Developrnen[ Processing
CITY OF
CHUlA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Polley 101-01, prior to any action upon matlers that will require discrationary action by the Council.
Planning Commission and all other official bodies of the City, a statement of disciosure of certain ownership or financial
interests, payments, cr campaign contributions for a City of Chula Vista alectlon musl be flied. The following information
must be disclosed:
1. List Ihe names of all persons having a flnanciallnteres! In the proparty that Is the subject of the application or the
contract, e.g., oWner, applicant, contractor, subcontractor. material supplier,
Jim Baldwin
Al Baldwin
Otay Project, LP
2. If eny persOn" identIfied pursuant 10 (1) above is a corporation or partnership, list the names of all Individuals with
a $2000 investment in the business (corporation/partnership) entity,
Jim Baldwin
1\1 Baldwin
3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list Ihe names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
N/A
4. Please Identify every person, including any agents, amployees, consultants, or independent contractors you have
assigned to represant you before the City In this malter.
Kim John Kilkenny Ranie Hunter
Ken"C Aden Lex W~ll~man
Rob Cameron
5. Has any per~on" associated with this contract had any financial dealings with an official"" of the City of Chula
Vista a~ ij relates to this contract within the pasl12 months. Yes_ NO-lL-
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribution of mora than $260 within the pe~t twelva (12) months to a current member of tha
Chula Vista City Council? No.x. Ves _ If yes, Which Council membar? .
2i6 Fourth Avenue
Chura Vista I California
16-10
91910
(619) 691.5101
MAY. 31 2005 1122AM
NO.5 6 4
P 8
~\ft-
-Jl-
-
~~~~
P I a 11 11
I1g & Building Department
Planning Division I Development Processing
CnY Of
CHUIA 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 relire a legal debt, gifl, loan, ale.)
Yes_ No~
If Yes, which official" and what was the nature of item provided?
Dale: May 12, 2005
~~
Signature of contraclor/Appllcant
Ranie HUnter
type name of Contractor/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, municipelily, district, or other
political subdivision, -or eny other group or combination acting as a unit.
Official Includes, but is not limited to: Meyor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
21'6 Fourth"Avenue
ChuJa Vista
I Carlforni~
16-11
91910
(619) 691-5101
MAY. 31 2005 11: 22AM
NO.5 64
P. 9
Plann ng
& Building Department
Planning Div;;ion I Development Processing
CIlY OF
CHUlA VISTA
Al"PLICATION APPENDIX C
Development Permit Processing Agreement
Permit Applicant:
Applicant's Address:
Type of Penn It:
Agreement Date:
Deposit Amount:
otay Project, LP
610 West Ash Street,. Suite 1500, San Diego, ell 92101
SPA Amendment/Zone Change
May 12, 2005
Deposit Account
This Agreement ('Agraemenr) between the City of Chula Vista. a chartered munIcipal corporatlon rCity") and the
forenamed applicant for a development permll ('Applicant"), effective as of the Agreement Date set forth above, is made
with reference to the following facts:
. Whereas, Applicant has applied to the City for a permit cf the type aforareferenced ("Permit") which the City has
required to be obtained as a condlllon tc permitting Applicant to develop a parcel or property; and,
Whereas. the City will Incur expenses In order to process said permit through the various departments and bafore
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 II will Incur In connection with
providing the Processing Services;
Now, therefore, the parties do hereby agree, I~ exchange for Ihe mutual promises herein contained, as follows:
1. Applicanfs Duty to Pay.
Applicant shall pay all of City's expenses incurred In providing Processing Services related to Applicant's Permit, Including
all of City's direct and overhead costa related thereto. This duty of Applicant shall be referred to hereIn as 'Applicant's
Duty to Pay.'
1.1. Applicant's Deposit Duty.
As partial performance of Applicant's Duty to Pay, Appllcanl shall depositlhe lilmount aferereferanced ('Deposit").
1.1.1. City shell charge Its Ia.wful expenses Incurred In providing Processing Services against
Applicant's Deposit. If, efter the conclusion of processing Applicant's Permit, any portion of the
Deposit remaine, City shall return said balance to Applicant without Interast thereon. If. durll'tg the
processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminenUy
likely to beCllme exhausted In the opinion of the e City, Upon notice of same by City, Appllcent
shell forthwith provide auch additional depos~ as City shall calculate as reasonably necessary to
continue Precessing Servloes. The duty.of Applicant to initially depos~ and to supplement said
deposit as herein required shall be known as "Applicant's Deposit Duty".
2. City's Duty.
City shall, Upon the condition that Applicant is no In breach of Applicant's Duty to Payor Applicant's Deposit Duly,
Use 900d faith to provide processing services In relation to Applicant's Permit application.
2.1. City shall have no liability hereunder to Applicant for the failUre to process Applicant's Permll application, er
for failure to proeess Appllcsnt's Perml! within the time frame requested by Applicant or esllmated by City.
276 Fourth Avenue
Chula Vista
'- Calilornla.
16-1<!
91910
(519) 691-5101
NO. 564
P 10
P , ann
ng & BUilding Department
Planning Division I Development Processing
CllY Of
CHUlA VISTA
Development Permit Pr.ocessing Agreement - Page 2
2.2. By eXecullon of this agreement Applicant shall have no right to the Permit for which Applicant has applied.
City shall use Its discrellon In valuating Appllcanrs Permit Application Without regard to Applicant's promise to pay fOr the
Processing Services, or the execution of lhe Agreement
3. Remedies.
3.1. SuspensIon of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the Cily hes
the right to suspend andlor wilhhold the processing of the Permit Which is the subject matter of this Agreement, as well as
the Permit lir'hlch may be the sUbject matter of any other Permit which Applicant has before the Cily.
3.2. Civil Collection .
in eddltlon to all other rIghts and remedIes which the City shall otherwise heve at law or eqully, the Cily has
the right to collect all sums Which are or may become due hereunder by civil acHon, and upon Instituting lIt1gallon to coliect
seme, the preveillng party shail be entitled to reasonable attorney's fees end costs.
4. Miscellaneous.
4.1 Notices.
All nollces. demands or requests provided for or permitted to be given pursuant to this Agreement must be In
writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served
if personally served or deposited in the United Slates mall. addrassed to such party. postage prepaid, registered or
Certified, with relurn receipt requested at the addresses identified adjacent to the signatures of the parties represented.
4.2 Governing LawNenue.
This Agreement shall be governed by and construed In accondence with the lews of the State of California.
Any action arising under or relating to this Agreement shall be brought only In the federel or state courts located In San
Diego County, State of Cailfomla, and if eppllcable, the City of Chura Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City. of ChUla Vista.
4.3. MuHiple Signatories.
If there are multiple signatories to this agreement on behalf of Applicant, eech of such signatOries shall be
jointly and severally liable for Ihe performance of Applicent's du~es herein sal forth.
4.4. Signa lory Authority.
This signatory to this agreement hereby warrents and represents that he is the duly designated agent for the
Applicant and has been duly suthorlzed by the Applicant to execute this Agreement on behelf of the Applicant. Signatory
shall be peroonaJly lieble for Applicant's Duty to Pey and Applicant's Duty to Deposit in the event he has not bean
authorized to execute this Agreement by Applicant.
4.5 Hold Hermiess.
Applicant shall defend, Indemnify and hold hermless the City, its elected and appointed officers and
employees, 110m and against any claims, suits, actions or proceedings, JUdicial or administrative, for writs, orders.
Injunction or othar reiief, damages. liability, cost and expense (Including without limitation attorneys' fees) arising out of
City's acllons In processing or iSSUing Applicant's Permit. or in exercising any discretion related thereto Including but nol
limited to the giving at proper environmental review. the holding tJf public heel1ngs, the extension of due process rights.
except only for those claims, suits, actions or proceedings ariSing from the sole negilgence or sore willful conduct of the
City, its officers, or ~mployees known la, but not obJectad to, by the Applicant Applicant's indemnification sheil include
any ~nd all costs, expenses. a!torney's fees end Ii.bllily Incurred by the City, Its officers, agents, or employees In
defending against such claims, Whether the same prOCeed to judgement or not. Further, Applicant. allts oWn expense,
shall, upon wrtnan request by the City, defend any such sull or action brought against the Cny, Its officers, agents, or
employees, Applicanrs Indemnification of Cily sheli not b~ limited by eny prIor or SUbseqUent declarallon by the
275 Fourth Avenue
Chula Vista
C.llfornia
16-13
91910
(619)691.5101
MAY 312005 11:23AM
NO. 564
P 11
P I a n h
n g
& Building
Planning Division
Department
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 such
partlclpallon shell not relieve the applicant of any obligation imposed by Ihls con<litlon.
4.6 .Administrative Claims Requirements and Procedures.
No suilor arbitration shall be brought arising out of thIs agreement against the City unless a claim has first been
presented In wrltlng end filed with the City of Chula Vista and acted upon by tha City of Chula Vista in ilccordance with the
procedures set forth in Chapter 1.34 of Ihe Chula Visla Municipal Code, as same may from time to time be amended, the
provisions of which are inCorporated by this reference as if fully set forth herein, and such policIes and procedures used
by the City In the Implementation of same. Upon request by City, Consultant shall meet and confar in good faith with City
for the purpose of resolVing any dispute over the terms of !hIs Agreement.
Now therefore, !he parties hereto, having read and understood the terms and conditions of this agreement, do
hereby express their consent to the terms hereof by settIng their hend hereto on the da!e set forth adjacent thereto.
Dated: May 12, 2005
City of Chula Vista
276 Fourth Avenua
Chula VIsta. CA
By;
Dated:
May 12, 2005
Otey project, LP
610 West Ash Street,
By:~~"n Diego, CA 92101
Sui te 1500
2iS Fourth Avenue
Chula Vista
I Callfo,nla
16-14
9 1910
(619) 691-5101
RESOLUTION NO. PCM-OS-17
RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
AMENDMENT TO THE OTAY RANCH VILLAGE SEVEN
SECTIONAL PLANNING AREA (SPA) PLAN, AND ADOPT AN
ORDINANCE TO RE-ZONE THE LAND USE DISTRICTS MAP AND
MODIFY THE OTAY RANCH VILLAGE SEVEN (SPA) PLAN
PLANNED COMMUNITY (PC) DISTRICT REGULATIONS.
WHEREAS, the amendment and zone change which are the subject matter of this resolution
and are identified as Exhibits "A" and "B" attached to both the draft City Council Resolution and
draft City Council Ordinance and are commonly known as the Land Use District Plan Map exhibit
and the Planned Community (PC) Property Development Standards for Residential Districts Yards
and Setbacks exhibit; and,
WHEREAS, an application (pCM-05-l7 and PCZ-06-0l) to amend the Otay Ranch Village
Seven Sectional Planning Area (SPA) Plan was filed with the City of Chula Vista Planning and
Building Department on June 1,2005 by Otay Project, LP, The Otay Ranch Company ("Applicant");
and,
WHEREAS, the application request an amendment to the Otay Ranch Village Seven
Sectional Planning Area (SPA) Plan including a re-zone of a land use designation on the Land Use
District Map, and modifications to the Planned Community (PC) Property Development Standards
for Residential Districts Yards and Setbacks ("Project"); and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
proposed project was adequately covered in previously adopted Final Second Tier EIR (EIR-04-06),
for the Otay Ranch Village Seven SPA Plan and Tentative Maps. Thus, no further environmental
review or documentation is necessary; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Project
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
WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely
6:00 p.m., August 10, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
WHEREAS, said hearing was conducted at 6:00 p.m., August 10,2005, in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter
closed.
16-15
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the approval of the Project is consistent
with the Chula Vista Municipal Code, City of Chula Vista General Plan, the Otay Ranch General
Development Plan, Otay Ranch Village Seven SPA Plan, and all other applicable Plans, and that the
public necessity, convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOL YED THAT THE PLANNING COMMISSION recommends
that the City Council adopt the attached draft Resolution approving the amendment to the Otay
Ranch Village Seven Sectional Planning Area (SPA) Plan with the findings in said resolution.
BE IT FURTHER RESOL YED THAT THE PLANNING COMMISSION recommends
that the City Council adopt the attached draft Ordinance amending the Otay Ranch Village Seven
Sectional Planning Area (SPA) Planned Community District Regulations, to rezone a portion of
Neighborhood R-2 from SF-4 to RM-I, and modify the Planned Community (PC) District
Regulations for entry feature setbacks in the RM-I zone.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
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 lOth day of August, 2005 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chair
ATTEST:
Diana Vargas, Secretary
J :IPLANNINGIHAROLDlREsOLUTlONSIPCM-OS-17PCREso.noc
16-16
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY
RANCH VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA)
PLAN RE-ZONING THE ALLEY PRODUCT PORTION OF THE
LAND USE DISTRICTS MAP FROM SINGLE FAMILY FOUR (SF-4)
TO RESIDENTIAL MULTI-FAMILY ONE (RM-l) AND MODIFYING
THE PLANNED COMMUNITY (PC) DISTRICT REGULATIONS
FOR ENTRY FEATURE SETBACKS IN THE RM-l ZONE.
WHEREAS, the Land Use Districts Plan Map and Planned Community (PC) District
.Regulations which are the subject matter of this ordinance are identified as Exhibit "A" and "B,"
attached hereto; and,
WHEREAS, an application to amend the Otay Ranch Village Seven Sectional Planning Area
(SPA) Plan was filed with the City of Chula Vista Planning and Building Department on June I,
2005 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and,
WHEREAS, the application is a request to amend the Otay Ranch Village Seven Sectional
Planning Area (SPA) Plan including a reclassification of a land use designation on the Land Use
District Map, and modifications to the Planned Community (PC) Property Development Standards
for Residential Districts Yards and Setbacks ("Project"); and,
WHEREAS, the amended Otay Ranch Village Seven Sectional Planning Area (SPA) Plan
Land Use Districts Map and Planned Community (PC) District Regulations, established pursuant to
Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community
Zone, and are applicable to the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan; and,
WHEREAS, the amended Otay Ranch Village Seven Sectional Planning Area (SPA) Plan
Land Use Districts Map and Planned Community (PC) District Regulations will be modified to
reflect the re-zoning ofthe alley product portion of Neighborhood R-2 (170 lots) from Single Family
Four (SF-4) to Residential Multi-Family One (RM-I), and the elimination of the front yard setback
requirement of8-ft. for porch and 6-ft. for courtyard entry features in the RM-I zone; and,
WHEREAS, the development has been the subject matter of Village Seven Sectional
Planning Area (SPA) Plan previously approved by the City Council on October 14, 2004, wherein
the City Council, in the environmental evaluation of said SP A Plan, relied in part on the Otay Ranch
Village Seven Final Second Tier EIR (EIR-04-06); and,
WHEREAS, the Village Seven Sectional Planning Area (SPA) Plan refines and implements
the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council
of the City ofChula Vista on October, 28,1993, and as amended on May 14,1996, and November
10, 1998; and,
16-17
Ordinance No.
Page 2
WHEREAS, the City's Environmental Review Coordinator has determined that the
proposed project was adequately covered in previously adopted Otay Ranch Amended Sectional
Planning Area One Final Environmental Impact Report Plan, (FEIR 04-06). Thus, no further
environmental review or documentation is necessary; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Village
Seven Sectional Planning Area (SPA) Plan amendment (PCM -05-17) and zone change (PCZ-06-0 I)
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 mailiJl,g to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
August 10,2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed; and,
WHEREAS, by a vote of 4 to 0, the Planning Commission recommended approval ofthe
project; and,
WHEREAS, a public hearing was scheduled before the City Council of the City of Chula
Vista to modify the Village Seven Sectional Planning Area (SPA) Plan Land Use District Plan Map
and Planned Community (PC) District Regulations; and,
NOW, THEREFORE, the City Council of the e City ofChula Vista does hereby ordain as
follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the amended Village Seven Sectional Planning Area (SPA) held on August 10,
2005 and the minutes and resolutions there from, are hereby incorporated into the record of
this proceeding. These documents, along with any documents submitted to the decision
makers, shall comprise the entire record of the proceedings for any California Environmental
Quality Act (CEQA) claims.
II. ACTION
The City Council hereby amends the Otay Ranch Village Seven Sectional Planning Area
(SPA) Land Use District Plan Map, re-zoning the alley lot portion of Neighborhood R-2 (170
lots) from SF-4 to RM-l, as identified on the revised Land Use District Plan Map Exhibit
"A" and modifYing the Planned Community (PC) District Regulations for entry feature
setbacks in the RM -I zone by eliminating the front yard setback requirement of 8- ft. for
porch and 6- ft. for courtyard entry features in the RM -I zone as identified in strikeout
16-18
Ordinance No.
Page 3
Exhibit "8" in this ordinance, finding that it is consistent with the City of Chula Vista
General Plan, the Otay Ranch General Development Plan, Otay Ranch Village Seven
Sectional Planning Area (SPA) Plan, and all other applicable Plans, and that the public
necessity, convenience, general welfare and good planning and zoning practice support their
approval and implementation. This amendment is subject to the following conditions:
1. Individual site plans for each affected property shall be submitted for review and
approval by the Engineering Project Manager for Village Seven to ensure or maintain
that access is available to sewer clean-outs at the property line, that sight distance at
intersections are maintained, and that encroachment permits into City right-of-way or
City easements are obtained prior to any construction.
2. All front and side yard wall and fence heights shall comply with current zoning code
requirements.
3. Entrances into garages accessed from 20-ft. alleys shall provide adequate turning room
into garages, and the distance between garage doors with the alleys shall be a minimum
30-ft.
4. Individual developments shall comply with the Otay Ranch Village Seven AQIP and
WCP.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby determines that the proposed project was adequately covered in
previously adopted Otay Ranch Village Seven Sectional Planning Area Final Environmental
Impact Report, (FEIR 04-06). The Project, would have no new effects that were not
examined in said Final EIR [Guideline 15168 (c )(2)]. Thus, no further environmental review
or documentation is necessary; and,
IV. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES
The City Council does hereby re-adopt and incorporate herein as conditions for this approval
all applicable mitigation measures and alternatives, as set forth in the findings adopted in the
Mitigation Monitoring Program for the Otay Ranch Village Seven Final Second Tier EIR
(EIR-04-06).
V. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this Project was
fully described and analyzed and is within the scope ofthe Otay Ranch Village Seven Final
16-19
Ordinance No.
Page 4
Second Tier EIR (EIR-04-06) adequately describes and analyzes this project for the purposes
ofCEQA [Guideline 15168(e)].
VI. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption
Presented by
Approved as to form by
;A~/hJL
City Attorney
Jim Sandoval
Planning and Building Director
16-20
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RES]DENTlALD1STRJCTS
PROPERTY DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
YARDS & SETBACKS
DEVELOPMENT LAND USE DISTRICT NOTES
STANDARD
SF3 SF4 RMl RM2
Minimum Front Yard Setback (Feet):
to direct entry garage 19.5 19.5 DR DR Measured from back of sidewalk. At least one
model, within any SF3 and SF4 neighborhood (SPA
Neighborhood), shall have the garage setback 5 feet
further than face otmain residence. Maximum
driveway width shall be 16 feel Variations to
driveway width in order to accommodate turning
movements for certain garage configurations may be
approv.cd, subject to Design Review.
To side entry (swing in) 10 10 DR DR Maximum driveway approach width shall be 16 feet.
garage with or without
residential above.
to main residence IS 15 DR DR May be reduced to ) 0 feet for alley product.
(0 porch, cnlry feature, or 8 8 -81DR DR ri.I~e1 !;l!t~aeJ: far Pw~ll 8.Jlplil!s 6RI) 18 giFle,le fatflilj
veranda Detaehea
To semi-private courtyard 6 6 -oIDR DR fines seteael( fer RltJ 8.~t-lies 6HI) Ie Sifl~e r~..il)
Detll.uJ.c.a.
Minimum Side Yard Setback (Feet):
10 adjacent residential lot 5 5 DR DR May be reduced for "Zero Lol Line" concepts
distance between detached 10 10 DR DR May be reduced to zero for certain building types.
residences Refer to Village Design Plan.
to porch or veranda on comer 4 4 4/DR DR Measured from back of sidewalk. Fixed setback for
101 RMI applies only to Single Family Detached.
10 property line of adjacent 10 ]0 DR DR RMl shall have 8 foot setback for featured side of
residential street promenade street.
to property line from second see see DR DR Additional building separation is required for certain
floor except side enUy garage note note roof types as indicated in Sky Exposure Plane,
Exhibit PC-2. Refer also 10 Village Design Plan for
guidance.
to garage, including living 0 0 0 0
space above, with minimum
30 foot driveway setback
Minimum Rear Yard Setback (Feet):
10 main residence 15 10 DR DR Second slory (and above) may project 3 feet inlo rear
yard setback.
to garagewilh 30 foot front 5 5 5 DR . Second story (and above) may projecl 3 feet into rear
yard setback and with living yard setback, subject 10 ZA Design Review.
area above
to garage off an alley 5 5 5 5 Second Slory (and above) may project 3 feet into rear
yard setback.
(08/24/04)
Ill-iF
PC DISTRJCTREGULA TIONS
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Council Information Memorandum
CllY OF
CHUIA VISTA
DATE:
August 17,2005
SUBJECT:
Honorable Mayor and ~council
David D. Rowlands, Jr., City Manager
James D. Sandoval, Planning and Building Director~
PCC-05-03l Southwestern Christian School
TO:
VlA:
FROM:
On August 9, 2005, the City Council considered Conditional Use Permit application PCC-05-03l for
Southwestern Christian School. The outstanding issue is the school and neighbor's disagreement
over the school's use of the south parking lot. The school has been using the parking lot for physical
education classes. The neighbors contend that this activity generates constant disturbing noise and
violates an agreement. The August 9, 2005, Agenda Statement is attached for reference. Following
public testimony, the City Council voted to continue the application to the August 23, 2005, City
Council meeting, and directed staffto meet with school representatives and the neighbors to find a
compromise on the use of the parking lot.
On August l2'h, staff met with Leigh Moffit, Principal of Southwestern Christian School, and Peggy
Hupp representing the neighborhood. The following is a summary of the meeting:
Mrs. Moffit accepts the hourly equivalent of 12 event days per year (8 hours/day x 12 = 96 hours),
and proposed to use the hours by breaking them down to 2 hours a day for a total of 96 hours to
fulfill the state required physical education mandate. Mrs. Hupp did not accept this. The neighbors
want the numbers of days to be reduced to 7-9 days per year not to include regular school physical
education classes as part ofthe curriculum. The principal did not accept this.
The meeting concluded without compromise or consensus. Staff therefore, restates our previous
recommendation provided in the Agenda Statement. Should the Council disagree, staff recommends
that Condition III.F of the City Council Resolution be stricken in its entirety and the parties be left to
settle the dispute privately. The City Council Resolution does contain a condition requiring the
school to meet regularly with neighbors.
Attachment: August 9, 2005 City Council Agenda Statement
/7
CITY COUNCIL AGEND~ STATEMENT
Item:%
Meeting Date: 8/9/05
/7
ITEM TITLE:
PUBLIC HEARING: Consideration ofPCC-05-03l 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 enrolling 250
students located at 482 'L' Street in the R-3-P-14 Zone.
Di=roc ofP"""", rnd B>rildin'~
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 proj ect qualifies as a
Class 1 category exemption (existing facilities) pursuant to Section 15301 of the 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 enrolling 250 students subject to the fmdings 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 staff's presentation and public testimony, the Planning Commission voted 4-0-2-1
reco=ending that the City Council approve the application.
FISCAL IMPACT: None
~
/7-(
~/7
Page No.2, Item: -C:,'
Meeting 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. Staffhad 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 attemIlt to resolve the issues, staffheld a public meeting on May 23rd 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 of the south parking lot. Specifically, the court order states
that the "... designated parking lot shall be used solely for parking, normal churchjUnctions 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, pursuantto 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 .
~ /7-)_
Page No.3, Item: ~ /1
Meeting Date: 8/9/05
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 1).
The CYMC 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
Medium Residential
Low Medium
Low Medium
Medium Residential
Low Medium
R3P14
R-l
R-l
R3P14
R-l
Southwestern Christian School
Chula Vista High School
Single-Family Dwellings
Church
Single-Family Dwellings
Site:
North:
South:
East:
West:
4. Project Description
The request is a modification of an existing conditional use permitto allow the replacement or 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 1: Project Data Table
Assessor's Parcel Number: 618-072-37-00
Current Zoning: R3P14 (Medium Residential, Precise Plan, 14
du/ac
Land Use Desilmation: Medium High Residential
Lot Area: 1.34 acres
REQUIRED: PROVIDED:
Parking: Standard: 39
I space/teacher or employee + 5 additional spaces Disabled: 1
Total required: 35 spaces Total: 40
Lot Coveral!e: 50 cercent 13 cercent
Setback:
Front: 15 reet 34 ft.
Comer: 10 reet >100 ft.
Side: 5 reet 8ft.
Rear: 15 feet > 100 ft.
~ /7-3.
Page No.4, Item: ~ /1
Meetin2 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 of the existing
two-story classroom building, which will screen it from the neighbors south of the school.
Although the new building wlll 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 P=it 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 @30minutes Stretching, running and baseball
each
November - December: 2.5 - 4 hours/week Stretching and running
January - February: 8 classes @ 30 minutes Stretching, running and volleyball
each
March - April: 2.5 - 4 hours/week Stretching and running
May - June: 2.5 - 4 hours/week Stretching and running
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
~ / 7-if
Page No.5, Item: 7/1
Meetin~ 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 Proposals City Staff Comments
The two-story building will invade None. The proposed building The proposed building is
the neighbor's privacy. will 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 buildiniis 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 school
functions".
Sports equipment and other debris . Install temporary netting above Staff is of the opinion that
land in neighbors' backyards. the 6- foot high wall the school's proposals are
. Plant trees that would grow tall reasonable.
enough to provide a buffer
alon!! the south and west walls
Students sit on the back wall 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
periodically 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
5?-S- /7-S-
Page No.6, Item: .;!' (1
Meeting 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. Letter/Petition
3. 1984 Court Order
4. Physical Education Schedule
5.. June 22, 2005 PC Minutes
6. PC Resolution PCC-05-031
7. Draft City Council Resolution
8. Copies ofPCC-94-01 and PCC-83-03 Approvals
9. Disclosure Statement
~ /7-/?
ATTACHMENT 1
(Locator Map)
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Chula Vista
Hiah School
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Boy's & Girl's
. Club
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT . Southwestern Christian PROJECi DESCRIPTION:
C) APPLICANT; - h I CONDITiONAL-USE PERMIT
;:'c 00
PROJECT 432 L Street Request Proposing CUP to remove existing 1 950sq It. administrative office
ADDRESS: to add a new 4405sq ft. Two story atliceJcJassroom
SCALE; FILE NUMBER:
NORTH No Scale PCC-05-031 Related cases: DRC-05-35
J:\planning\cartos\locators\pccOS031.c::!r 06. 15.05
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ATTACHMENT 2
(Letter/Petition)
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Michael W. Walker, Pruje<..1; Planner
Planning Department
Puhlic Service lJuilding, Chula. Vista. Civic Center
276 Fourth Avenue
Chub Vista, California
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29 March 2005
RF-; CU"" #- DRC-05-35 & PCC-05-03!
Dear Mr. Walker:
We ~trollgly object tl) the proposed building at the Southwestern Christian Schoollocaled
at 482 L Street. When pennission wut\ b.;,ven to allow the building oft.hc tWO-!itory class
room on the site, we wen: promised that no more additions would be built a.nd only 250
students would ever be on campus. A box of apples did not appease us.
This proposal will allow_the occupants to look directly into our back yards and pools,
leaving us no privacy. TIle windows of the two-story c:la.s.sroo.ms alr/;:::ady look down inh')
our yards and sOlDe oftbe windows are lighted at night. Our baekyard.q arc recipients of
sports equipment and other debris which fouls-np OUl pool equipment and could iojure
small children playing in our baekyaid.q.
The residents on the Fifth Avomue or West .ide (,fthe: proposed addition are alre"dy in
jeopardy as the block wall is low. The students sit Oll their back wall. taunt the dngs,
break branches off the trees, throw play equipment and trash into the yard.. and have even
broken a window with a thrown ball at919 Filth Avenue. The taunting ofthe dogs
causes the other neighborhood dogs to become agitated and bark, <ldding to J.he noise.
The increased traffic and the resultant noise will also be an annoyance. The increased
traffic on Fifth Avenue and 1. Street ha.. already limited parking space. On occasions
when activities arc scheduled at the school or the church. all Of our on-streel parking
spaces on Fifth. L and Westby are t.aken, leaving uS to park elsewhere.
We have four schools, a community center and three churches in our immediate area--
one of these is located in a single-tlunily residence.
Parents, driving west on L Street, bringing their children to the schoolloeated at 482 L
Street arc making dangerous left-hand tums in the middle of the 400 block of L during
morning rush hour traffic. Aft",r dropping-otTthc students, they are, again entering rapid
movi.ngtndlic in the middle of the 400 block ofL Street.
The addition of the prt1posed building would seriously devaluate our properties. Our
views have already been compromised and tlIe afore mentioned complaint. have already
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taken their toll on our property values.
I flh" southern un:" of the property)= been designated for parking, then why is the
wcstcrn part of this area ehained-olT und a basketball standard installed in this area?
The school. at present,. has 110 grass area for playground so why Cover more of their
limited areas with buildings?
If the City of Chula Vista deems this proposal viable, thcn we shall im;ist upon a ten foot
high (measured from the schOol/church property) reinforced block wall the length orthe
entire property on thc West and South sides of the emire property and not the stepped up
and down fence which now exists. There shot)ld also he no windows on the South side of
the building.
Sincerely.,
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The residents or Westby Street and Fifth Avenue
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PETITION AGAINST
Proposed Building at 482 L Street
City of Chula Vista, California
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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-05-03l).
Owners Sil!:nature
Name (please print)
Address
.....
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Filed this _ day of
,20
City Clerk
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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 S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby St. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
I Westby St. CV
Westby St. CV
. Westby St. CV
lwestby St. CV
'* WestbyS1. CV
Westby St. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Name
Signature
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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
I
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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.
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby 81. CV
Westby St. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby S1. CV
Westby 81. CV
Westby S1. CV
Westby St. CV
Westby S1. CV
Westby S1. CV
Name
Address
Westb S1. CV
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ATTACHMENT 3
(1984 Court Order)
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CUENT'S COP')
(' tvQAJ- -'
C/~
WILLIAM McCURINE. JR.
GRAY. CARY. AMES & FRYE
1700 First Interstate Plaza
San Diego, CA 92101-4219
(619) 699-2728
Attorneys for Defendants
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF S~~ DIEGO
PEGGY L. HUFF, LYDIA CODERRE.
EDWARD ALVARADO and AUDREY
ALVARADO. husband and wife.
plaint.iffs,
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CASE NO. 530917
STIPULATION AND ORDER
vs.
SAN DIEGO CHRISTIAN FOUNDATION,
a california corporation.
SOUTHWESTERN CHRISTIAN SCHOOLS,
a California corporation. CHULA
VISTA CHURCH OF CRHIST, a
California corporation. and
DOES I through L. inclusive.
__ _D"~_fendants .
Each plaintiff herein freely and volUIltarily enters
into this Stipulation by and through Joseph J. Barr, Jr.. Esq..',
their attorney of record. and have empowered and authorized him
to enter into this Stipulation on their behalf. Defendants SAN
DIEGO CHRISTIAN FOUNDATION (hereinafter "FOUNDATION").
SOUTHWESTERN CHRISTIAN SCHOOLS (hereinafter "SCHOOLS") and
CHULA VISTA' CHURCH OF CHRIST (hereinafter "CHURCH") herein
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......t. "1-"" '-", --........ ,_.__.
1
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3 frggly and voluntarily 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 their behalf.
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 attachQd
10 hereto as Exhibit "A" and incorporated herein by reference.
11 The parties stipulate as follows:
12
1.
Within fourteen (14) day~ 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 "]5" and incorporated
16 herein by reference, defendants will relocate SCHOOLS' present
17 playground area to the northwest corner of the CHURO{'s
18 property,
19
2.
Within fourteen (14) days after approval by
20 the releva&t~gnvernmental .authorities. defendants will promptly
21 relocate all buses closer to the south side of the CHURCH's
22 sanctua~y 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 e:<pense a brick and/or concrete wall along the entirety of iCs
28 southernmost property line, subject to approval 'by the
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commission 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 13, 1967. The primary purpose of said vall is to ac~ a. -
sound barrier. ~herefore. under all circumstances the sound
barrier portion of said wall shall be at least six feet in
----.-...-..--.
.heignt. Construction shall commence within 10 days after
--- .
obtaining the requisite approvals and shall be completed
forthwith.
5. The southern area of the CHURCH's property
shown on Exhibit "B" designated for use as a parking lot shall
be used solely for parking. normal church functions and
occasional school functions,
6. Defendan.ts shall-restrict the SCHOOLS'
student popu-l.ati.on 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 tor an extension of their conditional use
p8rmit through July 15. 1985.
9. Upon written notice to Joseph J. Barr. Jr..
.Esq.. of removal of all portable school units from the C~CH'S
property and upon defendants' compliance with all the terms and
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12/18/84:063
7985H
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17~/f
;JY, Apnl ai, 2005 12:2::1I-'M
1
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, '-'::~J . '-r-r- - .-------
3 conditions herein. plaintiffs shall dismiss their complaint in
4 its entirety with p~ejud~ce no later-than 4B hours after
5 personal delivery of said notice to Attorney Earr.
6
10.
All parties hereto fully and forever waive
7 any and all rights of appeal from this Order.
8
Each party shall bear his own costs and
11.
9 attorneys' ~eG_.
12.
This stipulation and order applies to.
10
11 inures to the benefit of. and binds all parties hereto. their
12 heirs, legatees. dgviseg~. administrators. executors.
13 successors and-assigns.
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DATED: December~, 19B4
\\ _.<"7 . j\
~.
Plainti fs.
DATED: December ~)2. 19~
-.,-.-=....-
_GRAY. .CARY. AMES :&_.:J;.RYE
~ rtJJu ('\
By:J)}jJh~ ~~ ' /'1
A~torneY5 for Defendants/V'
IIIII
111/1
1////
. //111
111/1
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8A9
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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.
Withiri fourteen (14) days after approval by
8 the Chula vista planning Commission (hereinafter "Commission")
9 of Defel1dants;' Amended Ma"ter plan (hereinaf;;er "Plan"). a cOFY
10 of which is attached hereto as Exhibit "B" and incorporated
11 herein by reference. defendants will relocate SCHOOLS' present
12 playg~ound 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 promp~ly
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 line.
19
3. . Defendants will remove all portable school
20 units on or by__iLuJ..Y 15, 19?5.regardless of circumstance.
21
4 .
Defendants will construct at their own
22 expense a brick and/or concrete wall along the entirety of its
23 southernmost property line, subject to approval by the
24 Commission o! 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.
2? lotS two through nine, inclusive. of Corky McMillin's
28 subdivision Unit No. 1. according to Map thereof No. 5897.
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7<J85H
I
.~ /7-02;)
y, April 05, 2005 9:09 AM
r-eSgy I""'IUp!-' '-' ,;_w.........-__
1
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3 filed in the office of the County Recorder of San Diego County.
4
5
June 13. 1967.
The primary purpose of said wall is to act as a
Therefore. und.er all circumstances the sound
sound barrier.
6 barrier por~ion of said wall shall be at least six feet in
7
Construction shall commence within 10 days after
height.
8 obtaining the requisite approvals and shall be completed
9 forthw1th.
10
11
12
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5.
The southern area of the CHURCH's property
..shown on Exhibit "s" designated for use as a parking lot shall
. ..... . .
be used solely for parking. normal church functions and
occasional school fWlctions.
6.
.Defendants shall restrict the SCHOOLS'
15 student population to 250 students.
16
17
18
plaintiffs shall not oppose or appeal the
7.
Plan.
Plaintiffs shall support said Plan.
8 .
plaintiffS shall no~ oppose or appeal
19 Defendants' request for an e~ension of their conditional use
20
21
permit thr60gh-July 15. 198~~.
9.
Upon written notice ~o Joseph J. Earr, Jr..
22
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Esq.. of removal of all portable school units from the Ch~KCH'S
property and upon defendants' compliance with all the terms and.
conditions herein, plaintiffs shall dismiss their complaint in
its entirety with prejudice nO later than 48 hours after
personal delivery of said notice to Attorney Barr.
10.
All parties hereto fully and forever waive
28
any and all rights of appeal from this Order.
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12/18/84:063
7985l!
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/7 - ...l-!
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~l.
Each p~rty 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 IT IS FURTHER HERE8Y ORDERED. ~~JUDGED AND DECREE~
10 that the clerk of this Court forthwith enter this order upon
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the Court's judgment rOllsjj,
(
, DATED: December , 1984
f? c CD
JUDGE 6F" THE SUFERIOR caDR;i'
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ATTACHMENT 4
(physical Education Schedule)
8~ /7-02{,
Parking Lot Usage
September - ~tober
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
5Winging a bat and hitting lhe ball, we cannot be where cther children are
having recess.
November - December
Rarely in use
(2 If., - 4 hour.; per week)
"'I 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 are flying and older children are running. Also, I 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. .Jbe 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 - Dec=ber
8;;Yf /7-)7
2-d
VLOL52v6L9 OH~S~8I~SI~H~~~3~S3MH~nos
62:EL 5002 52 ~d8
ATTACHMENT 5
(June 22, 2005 PC Minutes)
9j$
/7->>
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 CALU 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 NO: 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
~ 17-..L9
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 23rd 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: Thatthe Planning Commission adopt Resolution pee 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;36
/ ?3tJ
Planning Commission Minutes
- 3 -
June 22, 2005
Ms. Lytle further stated that upon staffs review ofthe 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 ofthe
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 beeri" observed are students
~
17-3J
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 studenfs 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. Ifthese
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
??~
/7-3.J...,
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, Le. 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 c1as'srooms, 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.
~
/7-33
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 infomied 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 soiutions 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, i.e. 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 S, 2005.
Diana Vargas, Secretary to the Planning Commission
8A
/7-3fL
ATTACHMENT 6
(PC Resolution PCC-OS-031)
2;575'
17-.3S-
RESOLUTION NO. PCC-05-03!
RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION RECOMMENDING TO THE
CITY COUNCIL APPROY AL 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"), flied a duly verified Conditional Use Permit application to modify an
existing Conditional Use permit to: 1) 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 Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act and
has determined that the project qualifies for a Class I categorical exemption pursuant
to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no
further environmental 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.
~
17-:3t
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
co=unity.
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 acco=odate 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 co=unity
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 reco=end 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:
2737
) 7- .:3 7
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 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. 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 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 Proj ect 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
~
"
/7- 3Z
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 (NO!} 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.
n. 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.
m. 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 enrollment 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
~
/7-31
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
2 ;;J16
/ 7-f/o
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.
-
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 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 CHOLA 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
8/11
/7-1//
ATTACHMENT 7
(City Council Resolution)
~2-
/7- 0--
RESOLUTION NO. 2005-
-
RESOLUTION OF THE CITY ~OUNCIL 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
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 modif'ying an existing
Conditional Use permit to: 1) 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: 1) construct a new building for an administration office, two
classrooms and a multipurpose room; as represented in Exhibit "B"; and 2) to consider
operationalrequiremenffi;and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the Project Site has received the following discretionary
approvals and recommendations: 1) Planning Commission recommendation of approval of
PCC-OS-031, Conditional Use Permit for a new classroom and administration building and
consideration of operational requiremenffi 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 staff's presentation and public testimony voted 4-0-2-1 to
recommend that the City Council approve the Project, in accordance with the findings and
subj ect to the conditions listed below; and
~
/7/<<3
Resolution No. 2005-
Page 2 of 8
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 TIffiREFORE BE IT RESOLVED that the City Council does hereby find, determine and
resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the Project held on June 22, 2005, and the minutes and Resolution resulting
therefrom, are hereby incorporated into the record ofthis proceeding.
ill. 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
co=unity.
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.
rN
17---#
Resolution No. 2005-
Page 3 of8
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 accornrnodate 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 cornrnunity and
conforms to all elements of the General Plan and other adopted plans affecting the Proj ect
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 AFPROV AL
L 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.
~
/7//jS-
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. P=anent 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
1. 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 of Intent
(NOl) 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.
6~
/7~i/t,
Resolution No. 2005-
Page 5 of8
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.
ill. 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.
P/f7
17~ L/7
Resolution No. 2005-
Page 6 of8
1. This Conditional Use Permit shall become void and ineffective if not 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 proj ect 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.
sA
/7-~f
Resolution No. 2005-
Page 7 of8
AGREEMENTS
26. The Applicant/Property 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 F AlLURE 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 t=s, 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
8/11
/7- f1
Resolution No. 2005-
Page 8 of8
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this _ day of - - , 2005 by the fo"llowing 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 CIruLA 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 of the Chula Vista City Council held on the _ day of ,2005.
Executed this _ day of
,2005.
Susan Bigelow, City Clerk
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ATTACHMENT 8
(pCC-04-0l and PCC-83-03 Approvals)
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0lY Of
_(HUlA VISTA
PLANNING DEPARTMENT
August 17, 1993
SouthwestcIn Christian Schools
4282 Balboa Avenue
San Diego, CA 92117
Attn: Mr. Edsel Hughes
SUBJECf: Conditional Use Permit, 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 permit to allow insta1la.tion
and use of one 24' by 60' commercial coach trailer as temporary classroom space at 470 L S=t. The
proposed project is categorically exempt from environmental review as a Class.14 exemption.
After reviewing your proposed projcct, 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 limiteq. 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 scats, including the temporary classrooms, shall not exceed 250
scats.
4. Pre-school and after-school child care activities shall be limited to in-classrocm activities only.
5. SouthwestcIn 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 Depamnent and Fire
Department comments).
276 FOURTH AVEICHULA~ORNIA 9'(,a~:,~~'
l-JC-
Southwestern Christian Schools
August 17, 1993
Page 2
8. The temporary building structure shall maintain a 15 ft. front yam 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 pcnniti.
11. This pcnnit shall be subject to any and all new, modified, or deleted conditions imposed after
approval of this pcnnit to advance a legitimate govcmrnental 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 pcnnittee 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 Pcnnittee 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 ~onditioned, 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 arc
available from the Planning Department. In the absence of said appeal the decision of the Zoning
Administrator is final.
/7-~~
~..
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 permit 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 Oerk will mail three to us and we will forward one to you.
Steve Griffin, AICP
Principal Planner
cc: City Clerk
Code Enforcement
WPC. F:\HOMEflANNlNG\l17.9.93
g~ /7~5(
CI~C':;~ VISTA
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RESOLUTION NO. PCC-82-3 (Revised)
RESOLUTION OF. THE C lTY OF CHULA V ISTA PLANNING
COMMISSION GRANTING A CONDITIONAL USE PERMIT
WHEREAS, a 1 etter requesting an extensi on of time for temporary
classrooms was filed with the Planning COImnission on June 15, 1984, and, :
WHEREAS, a duly verified application for a.conditional use permit was
fil ed with the .Pl anni ng Department of the Ci ty of Chul a Vi sta on December 3,
1984, by Church of Chri st, 470 "L. Street, and . .
WHEREAS, sai d appl icati on requested 'permi ssi on 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 said conditional use permit application 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 least ten days prior to the. hearing,and
WHEREAS, the hearing was held at the time and place as adverti'sed,
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,
~d .
. .
WHEREAS, the Commission found that the extension of time and the new
master pl an woul d have no si gnifi cant en vi 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 acti vi ty from the church. The extensi on 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 health, safety or general welfare of
persons residing or working 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 adj acent nei ghborhood. The' 1 imi ted ~xtensi on for the
temporary buildings. will ensure their removal in a specified
time period.
.~~ /7'{;O.
.
.
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 aff~t 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.
--
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.
.
3. A revi sed 1 andscape and i rri gati on pl an for the northwest
portion of the site shall be submitted
-
4. The north wing addition shall be limited to church use only.
5. The required 6-foot high noise attenuation wall shall be
measured from the church side of the property. The wall
shaH extend from the southeast corner of the property 1 ine
along the entire length of the southern and westerly
property lines terminating at the Fifth Avenue setback line.
Thi s condi ti anal use permit shan become voi d 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
O'Neill
NOES: None
ABSENT: None
~c~
Mlchael A. Green, Chalrman
ATTEST:
- --;;z:=.re ,.--/ L". rz":..
Ruth M. Smith, Secretary
WPC l665P
2t:!
/7-/;)..
Monday, August 22, 2005 3'37 PM
Peggy Hupp e195858520
rlem 17
P 01
Attn: Michael Walker
Ml<:hacl.
I delivered "opies last Thursday to the "ily clerk's officc for enclosure in the normal weekly mn
tv the (,,;oum..:;il lJIt;nlhcrs.
Sorry I did nol get this to you sooner, bul r have b~en cxtremely busy. If you would see that the
Planning Commission membcrs get a eopy I waul 1 apprcciate it.
Thank you~
Peggy
('hula Visla Planning Commission:
Ch"ir V. Madrid
Member D. Horn
Member M. Corlcs
Mcmber B. Felhc:r
Mcmbcr B. Tripp
Ml:rnncr G Nordslrom
Memher 1'. 13cnsoussan
Project Manager
Michacl Walkcr
Monday Auaust 22. 20053'37 PM
Peggy Hupp 01 95858520
P 02
'10: City Council M"mh"rs
Rc: PCC-OS-OJ] Southw"st"nl Christian School
The Planning Commission made a recommendation of 12 Events per year for 'occasional school
functions'. I believe their reasoning was 12 months in .a year. one a !llonth. I belic:ve the City
Council was not certalTl that would be cnu'lgh sincc thcy were not fanllliar ",.ith the: opcndion~ or
a school. The City Council recommended that tht school and ncighhors try setting a reasonahle
nunlbcr by rnetLing logether.
1 talkcd with the neighbors and they thought 12 w~re too many as a school operates only <)
Illonlh!-; of the year. The Juajo);ly :-::alu h~twecn 7 :\nd 9. Concerned that they ah.:.o did not knoVv'
the school operations, I talkcd with 2 public scho(,ls and 2 private schools to see what
'occasional school functions' they had. Public schools 6 and 9. Private schools - 2 and ahDL,t
9. I attended the meeting with Michael Walker ,nd T .ee Mom1- comfOl1able WiTh the neighhors'
opinion ofthc numbers 7-9.
I."" Mol111- the school principal, said that thc school only had one event a ycar I'alll'cstival
and J mmindcd hcr of Child Link. That was two. Evcn 7 a year gave the sehoo[ ample flexibility
in CC1,':i(;: the)' ue:iil'vd an event she Wt1.::5 nc,)1. thinking about. ExftJnple - they want to hold 61h grode
graduation out"'ldt: or hold an 'cnd of the yeaT' sellon] party.
Ms. Moffit spent the whole time talking about her needs l'i.1r hcr physical education curneulum.
Physical cducations cla"es arc not 'occasional sc.1001 functions' in any stretch oflhe
lmagination. She said !;he would settle for 12 evel1ts that she could use for her physical
education classes and call them something else.
No matter what she ealls them. They are still physical education classes and are not an
"occasional school function ~. Her 'occasional school runctjons~ needs, by h~r own words, arc
only] or 2 a year. J taped the mceting with the consent orM. Walker and L. Mol'lit ir you arc
interested in verifying what I haye said.
I could not agree to what she wu~ aHk;ng for scvcJal reasons. 1 am listing just some. 1) She was
TJying to get around the agrccment by calling Phy; Ed something else_ 2) She has no binding
authority as she is not the Administrator of the corporation (school). 3) The Christian School
has not kept its word to the neighbors in the past. 4) TI1c school has not been good neighbors for
thc last 22 years. (And of high impol1anee) 5) There would bc no way to monitor what she is
'L,king and wc would be laken ady,mtagc of as in the past. 6) Our home lives would he
impacted.
PIca Sf;: Tf;:ad nurnbcr 2 on the stat.eOlent I SUbTTlittcd the day uftht: ]a...~l1nccting. These arc: our
hOIllCS and our lives and our invesUllents. Wt: arc not renters that can jusl up and move if
something is a slrain on our livcs.
Please feel free to call me i r you have any questions. My telephone number is 5RS-R520. I am
caring I()r H friend's child from 0930 Fdday till noon on Salurday. Any other tinlE is fine or 1
will retum the call.
Rcspectfully,
Peggy Hupp August I R, 2005
Ifem 17
Honorable Mayor Stephen Padilla
Members of the City Council
c/o City Clerk
,-'------
~ ~~~OW~ Ir\\I
AUG 22 2005 JJ;
August 22, 2005
PLANNING
Re:
Southwestern Christian Schools - CUP Amendment
Reconstruction of Administration Building
Dear Honorable Mayor and City Council:
The Southwestern Christian School, located on L Street, had their request for a CUP Amendment
continued for two weeks to your August 23'" agenda. As part of this continuance, the City
Council asked the School officials to meet with the neighbors to see if compromise language
could be drafted. This meeting was held on August 12, 2005. While the School proposed as
many as six different alternatives for the neighbors to consider, it was obvious that the neighbors
were not interested in entertaining any alternatives.
At the August 9th hearing, it was apparent that the Council was split on what thair involvement
should be with the issuance of this CUP Amendment. As you are aware, the primary purpose of
this Amendment is to permit the demolition and reconstruction of an administration building. And,
as demonstrated in the public hearing, no one has expressed opposition to the construction of
this building.
It was also obvious to the Council that the Settlement Agreement between the School and three
of the neighbors is a private matter. For the past 21 years, up to the present, the City has not
been involved with administering this Settlement Agreement or adjudicating any disputes
associated with the terms of the Agreement. Over the years, very few complaints have been
registered with the School and even fewer to City Staff.
It is our opinion and recommendation that, if the City Council determines that it is best to not
become involved with private matters, the project should be approved per the Planning
Commission's recommendations and omitting the portion pertaining to the 12 days of
use annually.
We believe that inclusion of this condition is unnecessary, as evidenced by the past 21 years of
actual experience. Even though the Settlement Agreement is a private matter, the omission of
the above condition does not relieve the School from complying with the terms of the Settlement
Agreement. In addition, should there be an opportunity in the future for the parties involved to
modify the terms of the Settlement Agreement, it could be accomplished without involving the
City.
However, if the City Council concludes that they want to further regulate the use of the south
parking lot, the School will reluctantly accept the Planning Commission's recommended
conditions, as stated, even though the Commission's recommendations are more stringent than
what is stated in the Settlement Agreement and, based on experiential data, a nexus to justify the
added restrictions has not been established.
We appreciate your desire to find an amicable solution to this matter. As before, we look forward
to answering any questions you might have at the hearing on August 23rd.
Respectfully submitted,
Southwestern Christian Schools
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~ August 10, 2005
ZW1~
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Chula Vista City Council
276 Fourth Avenue
Chula Vista, California 91910
Dear City Council:
I am a resident of Chula Vista. I was born and raised here. Last night I attended the City Council
meeting in regards to the issue of allowing Southwestern Christian School to replace an existing
office with a two-story office more appropriate to the school's design and needs. I was very
frustrated with the outcome of the meeting. The construction of this office has been delayed over
and over again due to the residents, who are presently compfuinihg about noise from P.E. classes in
the parking lot, continually changing their minds about what they want fromthe school as well as
the Council's rescheduling of meetings. The school has lost all of its potential summer income
because they did not offer their usual summer programs so that the construction of the office could
be done without worries of children being nearby. Last night, the construction was again delayed
because the City Council decided that they do need to put a condition on this new building that
specifies how the back parking lot of the school may be used. Granted, the City Council is trying
to do what is best to serve its constituents on Westby Street; however, the City Council has ignored
other constituents such as myself who could have sent their children to summer programs, who
could have had some employment from summer programs, and whose children Will now have
construction of the new office happening during the regular school year.
I have a proposal that I believe solves all of the issues brought up at last night's meeting. I will
first state that proposal, and then elaborate on how this solves the issues.
Proposal: The condition added to the permit to build the new office should be amended to read,
"Southwestern Christian School shall not make use of the back parking lot adjacent to homes on
Westby Street for the purpose of daily P.E. activities."
This whole problem has stemmed from a 1984 civil agreement between the residents of Westby
Street and the church and school at 482 L Street which gave the ambiguous direction that the
parking lot would only be used for parking, regular church functions, and occasional use for
school activities. The point of contention today is the meaning of the word occasional. At the
time that the agreement was reached, it was intended to include occasional use for P .E. in the form
of activities such as volleyball because the nets for playing volleyball could be tied to poles in the
parking lot, which were not available on other parts of the property. (There is still no other place
to play volleyball on the property, and there is not a place to put up volleyball nets in the area of
the Chula Vista High School fields which we may use.) After last night's meeting, I can see why
the members of the Council and some city staff do not think that daily P.E. classes fit in the
definition of occasional. My proposal alleviates that problem.
The resident's of Westby that have been at the Commission meeting and City Council meeting
were quite agreeable when I spoke to them peacefully outside after the Commission meeting;
however, they continued to lie in front of Council at the meeting. These citizens have also
470 Jamul Court. Chula Vista, California 91911-2505
619-733-6616 karynlouise@yahoo.com
continuously changed their complaints. Each time the school tried to address a complaint, they
changed the complaint. Because of these reasons, I do think it is important for City Council to be
specific about what the condition placed on Southwestern Christian School will be. Being clear on
this matter will alleviate concerns about the matter being brought up again because of any other
ambiguities.
The citizens of Westby Street have decided that all they want at this point is for the P.E. classes in
the parking lot to stop. The Commission recommended limiting activities in the parking lot to 12
events per year. Councilrnember Castaneda was concerned about this number being appropriate
and the school having the means to add more events if necessary. My proposal would address the
specific complaint of the residents as well as alleviate any concern over this specific number. This
is good for the school as well because, while the residents have said in private conversations that
they have no problem with the school using the parking lot for goodie days, book fairs, and signing
children out at the end of the day, if this specific number of 12 events is accepted, I am confidant
that the residents will no longer allow these activities, I base this affirmation on the history of
interactions I have personally had with these people.
Please consider my proposal for the condition which you will place on the building permit It
addresses the specific concern of the citizens and Council without placing unnecessary restrictions
on the schooL It also alleviates the issue of anyone having to count howmany events the school
holds in the parking lot because it is very clear that no daily P.E. activities would be scheduled in
the parking lot Your timely adoption of this proposal would also show constituents such as me
that you do value us, too, and not just the vocal residents of Westby Street. I may only be vocal at
Council for an issue such as this that concerns me personally, but I have not missed one day at the
polls since! turned 18 in 1995. lam also an active member of the community, volunteering as the
Secretary of the PT A at Greg Rogers Elementary School, as a Rolling Reader, and with several
positions for the Girl Scouts. Please give me the same consideration that you have shown for the
citizens of Westby Stteet.
Sincerely,
,j{~ / A~
KarynL. Gr~
P.S. My husband says I should include how the residents have specifically lied. I will give two
examples to finish this, and if you'd like more, you can contact me. Last night, one of the ladies
said that the parking lot is used "constantly" for playground activity. It is not ever used as a
playground. It was used occasionally for P.E. prior to March of this year. When asked at a
meeting earlier this year if the noise had been better since March, they said no. When we told
them that we didn't know how we could reduce the noise, then, since there had been no extra use
of that parking lot since March, they changed their story to say that everything's been great since
March, which again conttadicts the statement that to this day it is "constantly" used for playground
activity and unbearably noisy.
470 Jarnul Court. Chula Vista. California 9191l-2S0S
619-733-6616 karynlouise@yahoo.com
i
.-'-------
Copies of enclosed to:
Chula Vista City Council Members:
Mayor Padilla
Member J.McCann
Member S. Castaneda
MemberJ.Rindone
Member P. Davis
Chula Vista Planning Commission:
Chair V. Madrid
Member D. Horn
Member M. Cortes
Member B. Felber
Member B. Tripp
Member G. Nordstrom
Member P. Bensoussan
Project Manager
Michael Walker
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r!-iry ~Ojer
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RECEIVED
'1!5 AIJi 18 P 2 :10
CITY OF CHULA ViS;;
CITY CLERK'S OFFICi"
Corre.r pcrd1~ }C!..
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fr./" tHnl .
I
To: City Council Member P. Davis
Re: PCC-05-031 Southwestern Christian School
The Plarming Commission made a recommendation of 12 Events per year for 'occasional school
functions'. I believe their reasoning was 12 months in a year, one a month. I believe the City
Council was not certain that would be enough since they were not familiar with the operations of
a school. The City Council recommended that the school and neighbors try setting a reasonable
number by meeting together.
I talked with the neighbors and they thought 12 were too many as a school operates only 9
months of the year. The majority said between 7 and 9. Concerned that they also did not know
the school operations, I talked with 2 public schools and 2 private schools to see what
'occasional school functions' they had. Public schools - 6 and 9. Private schools - 2 and about
9. I attended the meeting with Michael Walker and Lee Moffit, comfortable with the neighbors'
opinion of the numbers 7-9.
Lee Moffit, the school principal, said that the school only had one event a year - Fall Festival
and I reminded her of Child Link. That was two. Even 7 a year gave the school ample flexibility
in case they desired an event she was not thinking about. Example -they want to hold 6th grade
graduation outside or hold an 'end of the year' school party.
Ms. Moffit spent the whole time talking about her needs for her physical education curriculum.
Physical educations classes are not 'occasional school functions' in any stretch of the
imagination. She said she would settle for 12 events that she could use for her physical
education classes and call them something else.
No matter what she calls them, they are still physical education classes and are not an
'occasional school function'. Her 'occasional school functions' needs, by her own words, are
only 1 or 2 a year. I taped the meeting with the consent ofM. Walker and L. Moffit if you are
interested in verifying what I have said.
I could not agree to what she was asking for several reasons. I am listing just some. 1) She was
trying to get around the agreement by calling Phys Ed something else. 2) She has no binding
authority as she is not the Administrator of the corporation (school). 3) The Christian School
has not kept its word to the neighbors in the past. 4) The school has not been good neighbors for
the last 22 years. (And of high importance) 5) There would be no way to monitor what she is
asking and we would be taken advantage of as in the past. 6) Our home lives would be
impacted.
Please read number 2 on the statement I submitted the day of the last meeting. These are our
homes and our lives and our investments. We are not renters that can just up and move if
something is a strain on our lives.
Please feel free to call me if you have any questions. My telephone number is 585-8520. I am
caring for a friend's child from 0930 Friday till noon on Saturday. Any other time is fine or I
will return the call.
Respectfully,
Peggy Hupp August 18, 2005
COUNCIL AGENDA STATEMENT
Item (~
Meeting Date 8/23/05
SUBMITTED BY:
Resolution adopting a Council Policy regarding Adopt-A-Park
Program and establishing guidelines
Director of Public Works Operations f;
CityManager~
{4/5 Vote: Yes_ No...x.J
ITEM TITLE:
REVIEWED BY:
A resident and parent, Ms. Patricia Chavez, recommended to staff that the City create a program
whereby schools could adopt a park to assist with litter control. Her children currently attend Chula
Vista Hills Elementary. As they walk through Rancho Del Rey Park on their way to and from
school, she noticed the litter at this park. To address the litter control issue at this park and other
parks citywide, staff has designed an Adopt-A-Park program based on Ms. Chavez's
recommendation. This program is designed to promote civic responsibility, community spirit and
camaraderie, and give our school children an understanding of community responsibility and respect
for the environment.
RECOMMEDATION: That Council adopt the resolution adopting a Council Policy for the
establishment of an Adopt-A-Park Program for the City of Chula Vista.
BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission
Meeting scheduled for August 18th was cancelled. As a result, staffhas mailed a copy ofthe Adopt-
A-Park Program to the Commission members for their review. However, staff anticipates that the
Commission will approve the Adopt-A-Park program.
DISCUSSION:
The new Adopt-A-Park program will allow non-political organizations, corporations, schools, and
volunteer groups to participate in maintaining and enhancing City of Chula Vista's neighborhood
and community parks. This program will recognize participants with courtesy signs installed at each
park.
All participants will agree to pick up litter in a park for a two-year period. Litter must be picked up
on a weekly basis (52 times per year). For school groups, times may be adjusted to reflect periods
when schools aren't in session. Participants are required to have at least one adult supervisor for
every 10 minors in the park.
The Public Works Operations Department will provide free trash bags and will dispose of filled
bags.
/f-'/
i} ·
IC[
Page 2, Item_
Meeting Date 8/23/05
FISCAL IMPACT:
There is no direct fiscal impact from approving this resolution. Any funding required for supplies
will be included in the department's base budget.
C:\Documents and Settings\robertb\My Documents\Bob\Al13 Adopt-A-Park Program.doc
/i,..).
~~~
~
'-- - ---
~~~~
~~~~
CllY OF
CHUlA VISTA
PUBLIC WORKS OPERATIONS
DEPARTMENT
ADOPT-A-PARK
PROGRAM
Julv 28, 2005
/1--3
ADOPT-A-PARK PROGRAM
.:. Established in 2005 to allow non-political organizations, corporations, schools, and
groups to participate in maintaining and enhancing City of Chula Vista's neighborhood
and community parks.
.:. Recognizes participants with courtesy signs installed at each park. The Public Works
Operations Department (PWO) will provide and place signs at each park.
.:. Is designed to be fun and educational, to promote civic responsibility, community spirit
and camaraderie, and to provide an opportunity to accomplish something positive.
.:. Is designed to give our school children an understanding of community responsibility and
respect for the environment.
.:. Is designed to operate with a minimum of red tape and with minimum supervision by
PWO.
.:. Is designed to allow citizens to work responsibly at their own convenience.
PROGRAM DETAILS
.:. All participants agree to pick up litter in a park for a two-year period. Participants do all
the litter pickup at the park. However, to prevent damage to plants and shrubbery,
participants may not pick up litter in planter beds. PWO will conduct litter operations in
these areas.
.:. Litter must be picked up on a weekly basis (52 times per year). For school groups, times
may be adjusted to reflect periods when schools aren't in session.
.:. PWO will provide free trash bags and will dispose of filled bags if the adopter is unable to
dispose of them.
.:. Graffiti in the parks will be removed by PWO crews. Therefore, please call the graffiti
hotline at (619) 691-5198 so crews can be dispatched to remove said graffiti.
ADOPTABLE PARKS
The Adopt-A-Park Program applies to all types of parks - pocket (less than 2 acres),
neighborhood and community parks maintained by the City of Chula Vista. For information on
these parks, please contact the Parks & Open Space Manager at (619) 397-6013.
SAFETY
The safety of Adopt-A-Park participants is always the utmost consideration of PWO. The Adopt-
A-Park program is designed so common sense safety will prevail.
Participants bear individual responsibility for personal safety and appropriate behavior when
working within the boundaries of a City park.
2
/f---J(
Group liability waivers are required agreeing to hold the City of Chula Vista harmless for injuries
or property damage arising from any negligent action or nonconformance with these safety
requirements. Proof of Group insurance is also required.
Participants work without direct PWO supervision. However, groups are required to have at least
one adult supervisor for every 10 minors in the park.
Group leaders are responsible for conducting safety briefings for all participants prior to each
cleanup event.
Safety topics should include:
.:. Wearing proper safety gear and appropriate clothing;
.:. Staying away from traffic, and being alert at all times;
.:. Not working when weather is poor;
.:. Not touching potentially toxic substances;
.:. Staying away from jagged objects, snakes or other hazards.
COORDINATION
The Parks & Open Space Manager (Coordinator) will make arrangements for you to obtain safety
equipment such as gioves and iitter bags. The Coordinator will also arrange for placement of
recognition signs at your park site. Signs must be custom made for each project.
If you have any questions regarding the program, contact the Coordinator at (619) 397-6013
Monday through Friday between 7:00 AM and 3:30 PM. The Parks & Open Space Manager will
explain the details and answer any questions.
RECOGNITION SIGN DESIGN (RESTRICTIONS)
Although there is advertising value inherent in Adopt-A-Park signs, they are not intended to be an
advertising medium. The purpose of the sign is to recognize "who" is providing the adoption
service, not what they do or where they are located. Therefore, no product names, slogans,
phone or fax numbers, e-mail or internet addresses, radio IDs, or directions are permitted on
recognition signs.
APPLICATION
Adopt-A-Park requires an application, which will be processed by the Coordinator. If you decide
you want to participate in the Adopt-A-Park Program, simply fill out and sign the attached
appiication and send it in. No application fee is required, but the applicant is required to accept
severai conditions, including a liability/waiver agreement.
Expect the process to take two to three weeks to allow time for any necessary coordination.
3
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-:....;..""::';"-
OTYOF
CHULA VISTA
ADOPT -A-P ARK APPLICATION
City of Chula Vista and the volunteer group/organization:
recognizes the need and desirability of litter-free parks and this application is being submitted and
accepted to contribute toward this effort.
By signature the "Group" agrees to the foliowing terms and conditions:
1. Any group containing personnel under 18 years of age must have adequate adult
supervision. A minimum ratio of one adult for each 10 persons under 18 years of age is
required.
2. Litter pick up shali be restricted to park operating hours. No litter pick up shali be
performed under adverse weather conditions; (I.e. rain, wind, etc.)
3. Groups shali be required to adopt a park for a two-year period.
4. Groups shali pick up litter on a weekly basis (52 times per year).of the adopted park. For
school groups, times may be adjusted to reflect periods when schools aren't in session.
5. Groups shali not pick up litter in planted beds.
6. Groups shali notify the City of Chuia Vista 48 hours prior to conducting a clean up.
7. Groups shall piace filled trash bags at the adopted park for pick up and disposal.
8. Groups adopting a park wili receive acknowiedgement for their contribution on signs (at
no cost) that will identify the group's name.
9. Groups shall agree to sign a liability/waiver release and provide the required certificate of
insurance (see attachment).
10. Group ieaders are responsible for conducting safety briefings for all participants prior to
each cleanup event.
Name of Park you would like to adopt:
Date: Signature of Responsible Party:
Name (please print): Phone (work)
E-mail address: Phone (celi)
Group/Org. Mailing Address:
Please return the completed forms to:
Public Works Operations Department, 1800 Maxwell Road, Chula Vista, CA 91911 Fax: (619) 397-6259
4
/,f--t,
GROUP/ORGANIZATION/ EVENT
WAIVER AND RELEASE OF LIABILITY
ON BEHALF OF: ,
I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, its elected
officials, officers, agents, and employees or any other person from any and all
LIABILITY for any death, disability, personal injury, property damage, property theft or
actions, including any alleged or actual negligent acts or omissions, regardless of whether
such acts or omissions are active or passive, which may accrue to myself or members of
my organization/group or our heirs in connection with the Adopt-A-Park program.
I fully understand and acknowledge that the CITY OF CHULA VISTA is relying on my
representation that I have authorization to sign this document and that I will provide all
members of my organization/group a completed copy of this Waiver prior to our
participation. Further, my organization will provide a Certificate ofInsurance evidencing
a minimum General Liability Limit of $1 ,000,000 Per Occurrence under which "City of
Chula Vista" will be an Additional Insured.
We will expressly DEFEND, INDEMNIFY AND HOLD HARMLESS the City ofChula
Vista, its elected and appointed officers, agents and employees from any and all liabilities
or claims made by me or my organization/group, my lour heirs and any other individuals
or entities as a result of any of my/our acts or omissions arising from or in connection
with my/our participation in the event except for those claims arising from the sole
negligence or sole willful conduct of the City, its officers, employee, volunteers or other
representatives. Such indemnification includes liability settlements, judgments, damage
awards, fines, costs and attorney fees and expenses associated with any such claims or
lawsuits.
I hereby certify that I have read this document, understand it's content, and am authorized
to sign this document on behalf of all members of the group/organization I represent.
DATE:
ORGANIZA nON/
GROUP NAME:
SIGNATURE:
NAME:
(Please Print)
ADDRESS:
5
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SUBJECT: Adopt-A-Park Program
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: (Resolution No.)
AMENDED BY: Resolution No. (date of resolution)
ADOPT-A-PARK PROGRAM
I DATED:
.:. Established In 2005 to allow non-political organizations. corporations, schools, and groups to participate
in maintaining and enhancing City of Chula Vista's neighborhood and community parks.
.:. Recognizes participants with courtesy signs installed at each park. The Public Works Operations
Department (PWO) will provide and place signs at each park.
.:. Is designed to be fun and educational, to promote civic responsibility, community spirit and
camaraderie, and to provide an opportunity to accomplish something positive.
.:. Is designed to give our school children an understanding of community responsibility and respect for
the environment.
.:. Is designed to operate with a minimum of red tape and with minimum supervision by PWO.
.:. Is designed to allow citizens to work responsibly at their own convenience.
PROGRAM DETAILS
.:. All participants agree to pick up litter in a park for a two-year period. Participants do all the litter pickup
at the park. However, to prevent damage to plants and shrubbery, participants may not pick up litter in
planter beds. PWO will conduct litter operations in these areas.
.:. Litter must be picked up on a weekly basis (52 times per year). For school groups, times may be
adjusted to reflect periods when schools aren't in session.
.:. PWO will provide free trash bags and will dispose of filled bags if the adopter is unable to dispose of
them.
.:. Graffiti in the parks will be removed by PWO crews.
ADOPTABLE PARKS
The Adopt-A-Park Program applies to all types of parks - pocket (less than 2 acres), neighborhood and
community parks maintained by the City of Chula Vista.
SAFETY
The safety of Adopt-A-Park participants is always the utmost consideration of PWO. The Adopt-A-Park
program is designed so common sense safety will prevail.
/rf - 9
SUBJECT: Adopt-A-Park Program
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: (Resolution No.)
AMENDED BY: Resolution No. (date of resolution)
I DATED:
Participants bear individual responsibility for personal safety and appropriate behavior when working within the
boundaries of a City park.
Group liability waivers are required agreeing to hold the City of Chula Vista harmless for injuries or property
damage arising from any negligent action or nonconformance with these safety requirements. Proof of Group
insurance is also required.
Participants work without direct PWO supervision. However, groups are required to have at least one adult
supervisor for every 10 minors in the park.
Group leaders are responsible for conducting safety briefings for all participants prior to each cleanup event.
Safety topics should include:
.:. Wearing proper safety gear and appropriate clothing;
.:. Staying away from traffic, and being alert at all times;
.:. Not working when weather is poor;
.:. Not touching potentially toxic substances;
.:. Staying away from jagged objects, snakes or other hazards.
RECOGNITION SIGN DESIGN (RESTRICTIONS)
Although there is advertising value inherent in Adopt-A-Park signs, they are not intended to be an advertising
medium. The purpose of the sign is to recognize "who" is providing the adoption service, not what they do or
where they are located. Therefore, no product names, slogans, phone or fax numbers, e-mail or internet
addresses, radio IDs, or directions are permitted on recognition signs.
GUIDELINES
1. Adopt-a-Park requires an application.
2. Any group containing personnel under 18 years of age must have adequate adult supervision. A
minimum ratio of one adult for each 10 persons under 18 years of age is required.
3. Litter pick up shall be restricted to park operating hours. No litter pick up shall be performed under
adverse weather conditions; (i.e. rain, wind, etc.)
4. Groups shall be required to adopt a park for a two-year period.
,J". /.~
14"/'" /. .i
,jI '.} '" .....'"
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Adopt-A-Park Program POLICY EFFECTIVE
NUMBER DATE PAGE
ADOPTED BY: (Resolution No.) I DATED:
AMENDED BY: Resolution No. (date of resolution)
5. Groups shall pick up litter on a weekly basis (52 times per year).of the adopted park. For school
groups, times may be adjusted to reflect periods when schools aren't in session.
6. Groups shall not pick up litter in planted beds.
7. Groups shall notify the City of Chula Vista 48 hours prior to conducting a clean up.
8. Groups shall place filled trash bags at the adopted park for pick up and disposal.
9. Groups adopting a park will receive acknowledgement for their contribution on signs (at llil cost) that
will identify the group's name.
10. Groups shall agree to sign a liability/waiver release and provide the required certificate of insurance.
11. Group leaders are responsible for conducting safety briefings for all participants prior to each cleanup
event.
K:\Council Policy Updates\Adopt-A-Park Policy.doc
If. '
/J-".I-//
,
RESOLUTION 2005-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING A COUNCIL POLICY REGARDING ADOPT-A-
P ARK PROGRAM AND ESTABLISHING GUIDELINES
WHEREAS, to address the litter control issue at parks citywide, staff has
designed an Adopt-A-Park program designed to promote civic responsibility, community
spirit and camaraderie, and give our school children an understanding of community
responsibility and respect for the environment; and
WHEREAS, the new Adopt-A-Park program will allow non-political organizations,
corporations, schools, and volunteer groups to participate in maintaining and enhancing City
of Chula Vista's neighborhood and community parks; and
WHEREAS, this program will recognize participants with courtesy signs installed at
each park; and
WHEREAS, all participants will agree to pick up litter in a park for a two-year
period. Litter must be picked up on a weekly basis (52 times a year). For school groups,
times may be adjusted to reflect periods when schools aren't in session. Participants are
required to have at least one adult supervisor for every 10 minors in the park; and
WHEREAS, the Public Works Operations Department will provide free trash
bags and will dispose of filled bags.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby adopt a Council Policy regarding Adopt-A-Park Program and
establishing guidelines.
Presented by
Approved as to form by
~~f'ffi~V\~~\
Ann Moore
City Attorney
Dave Byers
Director of Public Works Operations
H:\attorney\reso\policy\Adopt a park Policy
11/1.2-.
GROUP/ORGANIZATION/ EVENT
WAIVER AND RELEASE OF LIABILITY
ON BEHALF OF: ,
I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, its elected
officials, officers, agents, and employees or any other person from any and all
LIABILITY for any death, disability, personal injury, property damage, property theft or
actions, including any alleged or actual negligent acts or omissions, regardless of whether
such acts or omissions are active or passive, which may accrue to myself or members of
my organization/group or our heirs in connection with the Adopt-A-Park program
I fully understand and acknowledge that the CITY OF CHULA VISTA is relying on my
representation that I have authorization to sign this document and that I will provide all
members of my organization/group a completed copy of this Waiver prior to our
participation. Further, my organization will provide a Certificate of Insurance evidencing
a minimum General Liability Limit of $1 ,000,000 Per Occurrence under which "City of
Chula Vista" will be an Additional Insured.
We will expressly DEFEND, INDEMNIFY AND HOLD HARMLESS the City of Chula
Vista, its elected and appointed officers, agents and employees from any and all liabilities
or claims made by me or my organization/group, my lour heirs and any other individuals
or entities as a result of any of my/our acts or omissions arising from or in connection
with my/our participation in the event except for those claims arising from the sole
negligence or sole willful conduct of the City, its officers, employee, volunteers or other
representatives. Such indemnification includes liability settlements, judgments, damage
awards, fines, costs and attorney fees and expenses associated with any such claims or
lawsuits.
I hereby certify that I have read this document, understand it's content, and am authorized
to sign this document on behalf of all members of the group/organization I represent.
DATE:
ORGANIZA TION/
GROUP NAME:
SIGNATURE:
NAME:
(Please Print)
ADDRESS:
5
/" '..
/ ,i . I:':;>
~~~
~
'------
~~~~
~~~~
CITY OF
CHULA VISTA
PUBLIC WORKS OPERATIONS
DEPARTMENT
ADOPT-A-PARK
PROGRAM
Julv 28. 2005
~ ;-- J' f /'
./ ,_ /J;..i--.
/ f/ ; i
, ,
ADOPT-A-PARK PROGRAM
.:. Established in 2005 to allow non-political organizations, corporations, schoois, and
groups to participate in maintaining and enhancing City of Chula Vista's neighborhood
and community parks.
.:. Recognizes participants with courtesy signs installed at each park. The Public Works
Operations Department (PWO) will provide and place signs at each park.
.:. Is designed to be fun and educational, to promote civic responsibility, community spirit
and camaraderie, and to provide an opportunity to accomplish something positive.
.:. Is designed to give our school children an understanding of community responsibility and
respect for the environment.
.:. Is designed to operate with a minimum of red tape and with minimum supervision by
PWO.
.:. Is designed to allow citizens to work responsibly at their own convenience.
PROGRAM DETAILS
.:. All participants agree to pick up litter in a park for a two-year period. Participants do all
the litter pickup at the park. However, to prevent damage to plants and shrubbery,
participants may not pick up litter in planter beds. PWO will conduct litter operations in
these areas.
.:. Litter must be picked up on a weekly basis (52 times per year). For school groups, times
may be adjusted to reflect periods when schools aren't in session.
.:. PWO will provide free trash bags and will dispose of filled bags if the adopter is unable to
dispose of them.
.:. Graffiti in the parks will be removed by PWO crews. Therefore, please call the graffiti
hotline at (619) 691-5198 so crews can be dispatched to remove said graffiti.
ADOPTABLE PARKS
The Adopt-A-Park Program applies to all types of parks - pocket (less than 2 acres),
neighborhood and community parks maintained by the City of Chula Vista. For information on
these parks, please contact the Parks & Open Space Manager at (619) 397-6013.
SAFETY
The safety of Adopt-A-Park participants is always the utmost consideration of PWO. The Adopt-
A-Park program is designed so common sense safety will prevail.
Participants bear individual responsibility for personal safety and appropriate behavior when
working within the boundaries of a City park.
2
/ ,""'" j.......
yo ""',
/':' ~ /"'-""
Group liability waivers are required agreeing to hold the City of Chula Vista harmless for injuries
or property damage arising from any negligent action or nonconformance with these safety
requirements. Proof of Group insurance is also required.
Participants work without direct PWO supervision. However, groups are required to have at least
one adult supervisor for every 10 minors in the park.
Group leaders are responsible for conducting safety briefings for all participants prior to each
cleanup event.
Safety topics should include:
.:. Wearing proper safety gear and appropriate clothing;
.:. Staying away from traffic, and being alert at all times;
.:. Not working when weather is poor;
.:. Not touching potentially toxic substances;
.:. Staying away from jagged objects, snakes or other hazards.
COORDINATION
The Parks & Open Space Manager (Coordinator) will make arrangements for you to obtain safety
equipment such as gloves and litter bags. The Coordinator will also arrange for placement of
recognition signs at your park site. Signs must be custom made for each project.
If you have any questions regarding the program, contact the Coordinator at (619) 397-6013
Monday through Friday between 7:00 AM and 3:30 PM. The Parks & Open Space Manager will
explain the details and answer any questions.
RECOGNITION SIGN DESIGN (RESTRICTIONS)
Although there is advertising value inherent in Adopt-A-Park signs, they are not intended to be an
advertising medium. The purpose of the sign is to recognize "who" is providing the adoption
service, not what they do or where they are located. Therefore, no product names, slogans,
phone or fax numbers, e-mail or internet addresses, radio IDs, or directions are permitted on
recognition signs.
APPLICATION
Adopt-A-Park requires an application, which will be processed by the Coordinator. If you decide
you want to participate in the Adopt-A-Park Program, simply fill out and sign the attached
application and send it in. No application fee is required, but the applicant is required to accept
several conditions, including a liability/waiver agreement.
Expect the process to take two to three weeks to allow time for any necessary coordination.
3
;/ /", ,~
,/ "+
~\f?
-.-
~ - -
--
---
OlY OF
CHUlA VISTA
ADOPT-A-PARK APPLICATION
City of Chula Vista and the volunteer group/organization:
recognizes the need and desirability of litter-free parks and this application is being submitted and
accepted to contribute toward this effort.
By signature the "Group" agrees to the following terms and conditions:
1. Any group containing personnel under 18 years of age must have adequate adult
supervision. A minimum ratio of one adult for each 10 persons under 18 years of age is
required.
2. Litter pick up shall be restricted to park operating hours. No litter pick up shall be
performed under adverse weather conditions; (i.e. rain, wind, etc.)
3. Groups shall be required to adopt a park for a two-year period.
4. Groups shall pick up litter on a weekly basis (52 times per year).of the adopted park. For
school groups, times may be adjusted to reflect periods when schools aren't in session.
5. Groups shall not pick up litter in planted beds.
6. Groups shall notify the City of Chula Vista 48 hours prior to conducting a clean up.
7. Groups shall place filled trash bags at the adopted park for pick up and disposal.
8. Groups adopting a park will receive acknowledgement for their contribution on signs (at
no cost) that will identify the group's name.
9. Groups shall agree to sign a liability/waiver release and provide the required certificate of
insurance (see attachment).
10. Group leaders are responsible for conducting safety briefings for all participants prior to
each cleanup event.
Name of Park you would like to adopt:
Date: Signature of Responsible Party:
Name (please print): Phone (work)
E-mail address: Phone (cell)
Group/Org. Mailing Address:
Please return the completed forms to:
Public Works Operations Department, 1800 Maxwell Road, Chula Vista, CA 91911 Fax: (619) 397-6259
4
/.f oj-;
SUBJECT: Adopt-A-Park Program
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: (Resolution No.)
AMENDED BY: Resolution No. (date ofresolution)
ADOPT-A-PARK PROGRAM
I DATED:
I
.:. Established in 2005 to allow non-political organizations, corporations, schools, and groups to participate
in maintaining and enhancing City of Chula Vista's neighborhood and community parks.
.:. Recognizes participants with courtesy signs installed at each park. The Public Works Operations
Department (PWO) will provide and place signs at each park.
.:. Is designed to be fun and educational, to promote civic responsibility, community spirit and I
camaraderie, and to provide an opportunity to accomplish something positive.
.:. Is designed to give our school children an understanding of community responsibility and respect for
the environment.
.:. Is designed to operate with a minimum of red tape and with minimum supervision by PWO.
.:. Is designed to allow citizens to work responsibly at their own convenience.
PROGRAM DETAILS
.:. All participants agree to pick up litter in a park for a two-year period. Participants do all the litter pickup
at the park. However, to prevent damage to plants and shrubbery, participants may not pick up litter in
planter beds. PWO will conduct litter operations in these areas.
.:. Litter must be picked up on a weekly basis (52 times per year). For school groups, times may be
adjusted to reflect periods when schools aren't in session.
.:. PWO will provide free trash bags and will dispose of filled bags if the adopter is .unable to dispose of
them.
.:. Graffiti in the parks will be removed by PWO crews.
ADOPTABLE PARKS
The Adopt-A-Park Program applies to all types of parks - pocket (less than 2 acres), neighborhood and
community parks maintained by the City of Chula Vista.
SAFETY
The safety of Adopt-A-Park participants is always the utmost consideration of PWO. The Adopt-A-Park
program is designed so common sense safety will prevail.
I!SJJB.JECT:
Adopt-A-Park Program
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: (Resolution No.)
T DATED:
II .\..c'\1ENDED BY: Resolution No. (date of resolution)
II Participants bear individual responsibility for personal safety and appropriate behavior when working within the
II boundaries of a City park.
Group leaders are responsible for conducting safety briefings for all participants prior to each cleanup event.
I! Safctv topics should include:
.:. Wearing proper safety gear and appropriate clothing;
.:. Staying away from traffic, and being alert at all times;
.:. Not working when weather is poor;
I( .:. Not touching potentially toxic substances;
.:. Staying away from jagged objects, snakes or other hazards.
RECOGNITION SIGN DESIGN (RESTRICTIONS)
Although there is advertising value inherent in Adopt-A-Park signs, they are not intended to be an advertising
medium. The purpose of the sign is to recognize "who" is providing the adoption service, not what they do or
II where they are located. Therefore, no product names, slogans, phone or fax numbers, e-mail or internet
I audresses, radio IDs, or directions are permitted on recognition signs.
GUIDELINES
'! , .o.dopt-a-Park requires an application.
2 Any group containing personnel under 18 years of age must have adequate adult supervision. A
minimum ratio of one adult for each 10 persons under 18 years of age is required.
3. Litter pick up shall be restricted to park operating hours. No litter pick up shall be performed under
adverse weather conditions; (i.e. rain, wind, etc.)
4. Groups shall be required to adopt a park for a two-year period.
/ff9
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Adopt-A-Park Program POLICY EFFECTIVE
NUMBER DATE PAGE I
ADOPTED BY: (Resolution No.) I DATED:
AMENDED BY: Resolution No. (date of resolution) II
5. Groups shall pick up lilter on a weekly basis (52 times per year).of the adopted park. For school
groups, times may be adjusted to reflect periods when schools aren't in session.
6. Groups shall not pick up lilter in planted beds. I
7. Groups shall notify the City of Chula Vista 48 hours prior to conducting a clean up.
8. Groups shall place filled trash bags at the adopted park for pick up and disposal.
9. Groups adopting a park will receive acknowledgement for their contribution on signs (at no cost) that
will identify the group's name.
10. Groups shall agree to sign a liability/waiver release and provide the required certificate of insurance.
11. Group leaders are responsible for conducting safety briefings for all participants prior to each cleanup
event.
K:\Council Policy Updates\Adopt-A-Park Policy.doc
II-cJ()
Item Noli
.
Meeting Date 08/23/2005
COUNCIL AGENDA STATEMENT
ITEM TITLE:
RESOLUTION APPROVING A CONTRACT FOR TRANSPORTATION
AND COURT SECURITY SERVICES WITH THE SAN DIEGO COUNTY
SHERIFFS DEPARTMENT AND AMENDING THE MASTER FEE SCHEDULE
TO UPDATE TH~lOOKING FEE DEFINITION.
Chief of POIiC~
City Manager f2J (4/5ths Vote: Yes_ No .lL)
SUBMITTED BY:
REVIEWED BY:
The Police Department and the San Diego County Sheriffs Department have reached a services
contract agreement for the provision of City inmate court related transportation and security services.
The contract allows the Chula Vista City Jail to begin operating as a Type 1 facility, retaining prisoners
until their scheduled arraignment and freeing officers from the majority of prisoner transportation
requirements. The contract is a standard two party agreement that has been approved as to form by
the City Attorney.
RECOMMENDATION:
That Council approves the contract for services with the San Diego County Sheriffs Department for
transportation and court security services for prisoners from the Chula Vista Police Department and
update the Master Fee Schedule for Booking Fee's.
The Police Department will return to Council at a later date with an additional resolution to appropriate
the funds required to facilitate the contract.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
BACKGROUND:
Prior to moving into the new police facility, the department operated a three-cell temporary holding
facility which could hold a maximum of 6 inmates, staffed with five Police Services Officers (civilian)
and a minimum of two Police Agents (depending upon coverage needs). This temporary holding
facility was used to detain prisoners for up to eight hours prior to booking into County jail. Officers
provided transportation of the prisoners to County jail. It has been estimated that the equivalent of four
Police Officers time at a cost of $415,000 was spent each year in transporting prisoners to the County
jail. The department received booking fee revenues based upon legislation dating to 1998 from the
State of California of $269,192 each year in order to offset booking costs. The actual booking fees
averaged over the last three fiscal years has been $408,000 which has been paid to the County. As
the San Diego County Sheriff's Office was under court order to reduce crowding in their jail facilities,
only felony and high-risk misdemeanants are eligible to be booked into County jail.
When the design for the new police facility was taking place, department staff saw an opportunity to
build an on-site jail facility that would allow the department to not only hold felons and high-risk
misdemeanants, but also other misdemeanants who were involved in lesser crimes which affected the
quality of life in Chula Vista. The concept behind the design of the new jailing facility would be to
operate a Type I holding facility which would allow the department to book these lesser
misdemeanants into the facility and hold them for up to 96 hours prior to arraignment in court.
Although this would be the only facility of this nature in San Diego County, most agencies in Los
Angeles and Orange County operate Type I holding facilities very successfully.
Page 1 of 7
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Item No !Cf
Meeting Date 08/23/2005
Based upon these successful models, the Police Department moved ahead with the design of a 46
bed holding facility which would allow the department increased enforcement opportunities and
greater access to prisoners by department detectives. The department also received inquiries from
both State and Federal law enforcement officials as to the possibility of contracting out bed space to
house State and Federal prisoners as well.
BOOKING PROCESS
In the old facility, when an officer made an arrest, the prisoner was brought into the police station and
placed into one of the three cells. While the prisoner was in the holding facility, officers would
complete the crime reports and a PSO or Police Agent would complete all the booking paperwork
required prior to transport to County jail. Once the paperwork was completed, the officer would then
place the prisoner in the back of his/her police car and transport the prisoner to one of the County jails
(Central Detention Facility in downtown San Diego for males, and Las Colinas in the City of Santee for
females). As was mentioned previously, it was estimated that the time required to transport prisoners
to County jail equated to approximately four Police Officers. This time was captured in the award
winning Patrol Staffing Model which is used to determine the appropriate number of officers needed
based upon a complicated formula capturing call-for-service data and a ratio of committed time to
proactive time.
The new facility was designed to eliminate the need for transporting most prisoners to County jail and
thus saving $415,000 in salary and benefits associated with the transport needs (violent felons and
those prisoners with medical problems would still be booked into County jail). The concept is to book
the prisoners into our Type I Holding facility where they would be held until their arraignment (up to 96
hours). On the day of arraignment, the San Diego County Sheriff's prisoner transport bus would pick
up the prisoners and transport them to South Bay Court. This would allow officers to quickly place the
prisoner into our facility and then return to the street. This saves approximately 90 minutes of officer
time per prisoner as compared with the old facility.
BOOKING FEES
The County of San Diego charges each law enforcement agency $154 per prisoner that is booked into
County jail. The State of California partially reimbursed law enforcement agencies with a booking fee
subvention each year. The City of Chula Vista's average booking fees paid to the County for the last
three fiscal years was $408,000 per year and the State reimbursement was $269,192 each year.
After the City's budget deliberations were held this year, the Police Department learned that the State
of California has suspended the booking fee subvention to law enforcement agencies. This means
that the City will no longer receive the booking fee reimbursement from the State. This will result in the
loss of $269,192 in anticipated revenues for this and each fiscal year in the future. The State did enact
legislation that limited Counties from charging more than half of what is the actual cost of booking
prisoners. The County will continue to charge the $154 per prisoner booking fee this fiscal year, but
they may increase that amount next fiscal year to realize the full amount of half of the their cost of
booking prisoners into their jails.
As part of the department's original proposal to Council, authorization was given to charge individuals
a booking fee upon conviction to offset the cost of being booked in our holding facility. A fee of $175
was established that would be charged to all individuals who are subsequently convicted of a crime
associated with the original arrest and booking in our facility.
Page 2 of 7
I~. ,
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q
Item No I
Meeting Date 08/23/2005
BENEFITS OF A TYPE I HOLDING FACILITY
Operating a Type I holding facility is beneficial to both the police department and the Chula Vista
community. First, there are significant savings in officer time spent transporting prisoners to County
jail. It is estimated that the City would save $415,000 each year in officer salary/benefits by not having
to transport prisoners to County jail. This equates to four officers being able to devote time to fighting
crime rather than transporting prisoners each year. The Patrol Staffing Model has been modified in
anticipation of operating a Type I holding facility. This will mean four fewer officers required as a result
of the staffing model results. Under the proposed contract, the San Diego County Sheriff's department
would handle almost all transportation of prisoners from our facility to South Bay court. CVPD would
still transport the small number of violent felons and prisoners with medical conditions to County jail.
Second, the new facility is designed to allow greater access to prisoners by detectives while in our
custody. Currently, if a detective wants to inteNiew a prisoner once they have left our facility (usually
after four to six hours), they are required to go to the location that the prisoner is being held and
oftentimes wait long periods of time to actually talk with the prisoner. Further, the facilities available to
detectives at any of the County jail facilities are inadequate for effective prisoner inteNiews. The new
facility has eleven inteNiew rooms designed specifically for detectives to be able to effectively
inteNiew prisoners while in our custody. And since the prisoners are here for up to 96 hours (72 hours
on average), detectives can inteNiew the prisoners multiple times within the convenience of the
station. In addition, each inteNiew room is equipped with state-of-the-art video and audio recording
equipment allowing other detectives to obseNe the inteNiews in another room. This allows a team of
investigators to work together to effectively inteNiew a suspect.
Third, this facility will allow for better utilization of Problem Oriented Policing strategy. State law allows
police to arrest and hold individuals who have committed misdemeanors and are likely to continue
their behavior after being cited. An example of this would be prostitution. Currently, if an officer stops
an individual for prostitution, they are most often cited and released because the offense does not rise
to the level for booking into County jail. The public can reasonably expect the arrestee to return to
their former criminal conduct in a short timeframe. It is not unusual for officers to repeat this cycle of
arrest-cite-release-arrest during their shift. With a Type I holding facility, the department can hold
individuais up to 96 hours then cite and release. This will have a significant impact on offender
sweeps and will allow officers the ability to make substantial impacts on key "quality of life" crimes.
JAIL SERVICES CONTRACTS
During construction of the new building, the department was approached by both Federal and State
law enforcement representatives regarding housing their prisoners in our facility. Based upon our
negotiations with these different agencies, the department estimated that upwards of $700,000 in
revenue could be generated from contracts to house these prisoners. However, the State
representatives have been delayed in their ability to contract with the department in light of the the
State budget. Federal agency representatives were also deterred due to significant reorganization
issues resulting from the creation of the Department of Homeland Security. Recent discussions with
representatives at the federal level indicate that they are ready to move ahead with the original plans
to house prisoners at our facility. According to these representatives, they are merely "waiting for
Washington to release the funds."
Page 3 of 7
//
/
DISCUSSION:
J.'-;'
Item No 1 ~!
Meeting Date 08/23/2005
The department began negotiations with the County of San Diego for prisoner transport and security
at the South Bay Courthouse over a year and a half ago. One of the most significant sticking points
during the negotiations was the booking and transport of misdemeanants. Both the County and the
South Bay Court had serious concerns as to the number of misdemeanants that would be processed
through the system. For that reason, it was agreed that the City would not book misdemeanants into
the system for the initial six months of the contract. Because of this, the City will not be able to realize
the levels of revenues as was initially proposed. The following table details the change in revenue
projections based upon the new contract.
1960
2007 2200 2156
1 Conviction rate based upon County totai conviction rates.
2Collection rate based upon State average of booking fee collection rates.
Under the current contract proposal, the City will continue to book only felony and certain serious
misdemeanants (e.g. domestic violence) during the first six months of the contract. Since this is a new
way of doing business for both the County and the Courts, the department will be analyzing detailed
arrest statistics which we believe will show that there will not be a significant increase in the daily
workload based upon the department booking misdemeanants. After the initial six months of the
contract have passed, the department will meet again with the County to further discuss introducing
misdemeanants into the system as was originally proposed.
The department will continue to book misdemeanants who are expected to return to their former
criminal conduct into the holding facility, but will not hold them over for arraignment. They will be
booked into the facility and will be released on their own recognizance after receiving a citation for
their criminal activity. This will assist officers in removing the suspect from the scene of the crime, and
will also more effectively document individuals into the criminal justice system. The following table
details the estimated number of these types of bookings for the next two fiscal years.
The contract sets out an annual fee of $53,911 for transportation services and an $80 per prisoner
court security services charge. This averages out to $110 per booking in comparison to the $154 that
we currently pay for direct booking into County facilities. This would equate to an estimated $198,000
charge to the City for these services rather than the average booking expense of $408,000. This is an
estimated $206,000 savings to the City in booking related fees. As was noted above, coupled with the
salary/benefit savings from not having to have officers transport prisoners to County jail, the total
savings is $621,000 each year to the City under this proposal.
Page 4 of 7
"
-......
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Item No I-!
Meeting Date 08/23/2005
The table below details the revenues and expenditures (in FY 2006 dollars) associated with the jail
facility based upon four scenarios:
. The initial proposal presented to Council on January 13, 2004
. The modified proposal as a result of contract negotiations with the County
. What the cost to the City would be if the department had maintained a three jail cell facility and
same staffing as was in the old police facility
. What the cost to the City is if the department maintains the jail facility "as is" with a reduction in
staff (eliminate Jail Lieutenant, Sr. Office Specialist and four Police Service Officers).
Initial Modified Previous No
Concept Proposal Facility Contract
New Jail New Jail New Jail
~;li:H:'j'I::'iilic;tE'~~,'",:-:,-,':;IZ:,'i,?,':jiPil~7p\::"7i::~~ ~~ <7~~-;~: {: H -,,~ ~ '" : ~ q.-~~.- ~_v~; ~~. :~:-
~-"~""",~~_~"",,,,___:;.w:~..:;;;....".~-,.
CV Bookin Fee $382,375 $325,850 $0 $0
Jail Contracts $700,000 $866,875 $0 $0
Net Revenue $1,082,375 $1,192,725 $0 $0
$1,163,817 $1,163,817 $651,663 $658,475
$105,000 $195,000 $30,000 $50,000
$50,000 $50,000 $0 $0
$61,600 $92,400 $408,000 $408,000
$0 $198,000 $0 $0
$1,380,417 $1,699,217 $1,089,663 $1,116,475
N/A N/A $415,000 $415,000
Although the modified proposal does not meet the anticipated revenue generation of the original
proposal, it continues to be a more fiscally sound method as well as provides a much higher level of
service to the community than if the department were to revert back to how the jail service was
previously conducted.
The original estimate for food service to the jail was obtained from a vendor who ultimately could not
meet the stringent requirements for food preparation and delivery times needed for the jail facility. The
department's best estimate for food service will require additional appropriations in order to obtain an
effective food service contract for the jail. A slight modification to the Booking Fee expenditure (to the
County for violent felons and prisoners with medical issues) will also be needed to meet the expected
number of direct bookings to County jail.
Page 5 of 7
/9- ::;
BOOKING FEE
Item No 19
Meeting Date 08/23/2005
The definition in the Master Fee Schedule of the Booking Fee needs to be modified to reflect the true
intent of the booking fee. As currently written, the definition requires incarceration in the facility in
order to be charged the booking fee. The booking fee is based upon the act of "booking" a prisoner
and not the subsequent housing of the prisoner. State law only allows for the recovery of costs
associated with the booking of the prisoner. Hence, the definition needs to reflect this requirement:
Chapter II, Section C.2.c.
In accordance with California Government Code 29550.3, those individuals who are arrested
by the Chula Vista Police Department and booked detaiFled in the Chula Vista Police Department
Holding Facility shall be subject to a $175 Booking Fee if convicted of a crime as a result of the arrest
by the Chula Vista Police Department.
FISCAL IMPACT
There will be no net impact to the general fund reserves based upon the modified proposal. This
proposal will allow the department to operate as a Type I Holding Facility and start charging the $175
booking fee. Upon approval from the City Council, this contract would take effect September 6, 2005
and can be extended in one year increments through 2010.
FY 06 Current Modified Proposal Change
Budget New Jail
!&ii:i'_/r=-i:iJij:.::..1~C':~::; --~;:?; ,.7~~;- -~-:;"'~ F~"2':;\~:~~.;,:-. - ': - ~ ,- . -,- )=-'~
~~_."~-""'~~"",,,,,,~~...,,,,-,,,,.a..,_...._~~....._~~,,,-~-=~~ _
Net Revenue
f~,,!j: ~l'L
$119,938
$350,000
$469,938
$1,163,817
$52,500
$25,000
$61,600
$0
Net Ex enditures $1,380,417
Booking Fee Subvention eliminated by State of California
CV Bookln Fee
Jail Contracts
$325,850
$427,500
$753,350
$1,163,817
$136,500
$42,000
$92,400
$198,000
$1,632,717
$205,912
$77,500
$283,412
$0
$84,000
$17,000
$30,800
$198,000
$329,800
FY 07 Adopted Modified Proposal Change
Plan New Jail
FiiCtIE..,"fl ,.. ^' - ._~. ','" .-,~. - ~7FF~--- " - -, - .. . _-
~~'1'~~~~~.ti1~,j~f~_~,~L~~~ ~..,.,_L....-~~~~~~...",",.__
CV Bookln Fee
Jail Contracts
$212,136
$721,000
$933,136
$1,208,662
$105,000
$50,000
$61,600
$0
$360,150
$866,875
$1,227,025
$1,208,662
$202,800
$50,000
$92,400
$198,000
$1,751,862
$148,014
$145,875
$293,889
$0
$97,800
$0
$30,800
$198,000
$326,600
Page 6 of 7
//51
. I
Item No I q
Meeting Date 08/23/2005
Through the use of unanticipated asset seizure revenues, there is no net impact to the
General Fund to implement this proposal.
Additional Revenues
Additional Expenditures
Asset Seizure Revenue Offset
NET IMPACT TO GENERAL FUND RES.
$283,412
$329,800
$46,388
$0
$293,889
$326,600
$32,711
$0
In comparison, the net cost to the General Fund Reserves for not implementing this proposal is
significant.
Additional Revenues
Additional Expenditures
Anticipated Net Impact To Gen. Fund
Reserves
($469,938)
$317,658
($787,596)
($933.136)
$359,958
($1,293,094)
Due to the urgency to begin the recently negotiated contract with the County of San Diego
Sheriff's Department, the Police Department is seeking approval for the general terms of the
contract. The Department will return to Council at a later date to approve funding for this
proposal as a four-fifths vote required for all budget appropriations.
Attachment: San Diego County Sheriff's Contract
Page 7 of 7
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A CONTRACT FOR TRANSPORTATION AND COURT
SECURITY SERVICES WITH THE SAN DIEGO COUNTY SHERIFFS
DEPARTMENT AND AMENDING THE MASTER FEE SCHEDULE TO UPDATE
THE BOOKING FEE DEFINITION.
WHEREAS, on January 13, 2004 the City Council approved the operation of a
Type I Holding Facility in the Chula Vista Police Department; and
WHEREAS, there are significant benefits to the citizens of Chula Vista for the
Police Department to operate a Type I Holding Facility; and
WHEREAS, the Police Department recently completed negotiations with the
County of San Diego for prisoner transport and court security services; and
WHEREAS, the Police Department is scheduled to begin operations as a Type I
Holding Facility on September 6, 2005; and
WHEREAS, the Police Department will return to Council at a later date to
appropriate additional funds for the prisoner transport and court security services
contract; and
WHEREAS, the Police Department is also requesting to amend the Master Fee
Schedule to update the definition of a Booking Fee;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the contract with the County of San Diego Sheriff's
Department and does hereby amend the Master Fee Schedule (Chapter II, Section C-2-
C) to update the definition of Booking Fee.
pre,ell
R;~P. Eme",,"
Police Chief
Approved as to form by:
.:>
. tlC'Ut ~~ ~
Ann Moore
City Attorney
/.;).
/ /
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Y1~ b~
City Attorney
Dated: (l ,l~ . \ ~ I ':JOG r;
Agreement among the City 0 Chula VIsta, the County of San DIego,
And the San Diego County Sherifffor City Inmate
Court Related Security Services
/'
,:'./ .
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
AGREEMENT AMONG
THE CITY OF CHULA VISTA,
THE COUNTY OF SAN DIEGO,
AND THE SAN DIEGO COUNTY SHERIFF
CITY INMATE COURT RELATED SECURITY SERVICES
This Agreement is between THE CITY OF CHULA VISTA (CITY), THE COUNTY OF SAN
DIEGO (COUNTY), for services to be provided by THE SAN DIEGO COUNTY SHERIFF
(SHERIFF).
RECITALS
WHEREAS, CITY is a municipal corporation of the State of California within the
County of San Diego and desires to obtain law enforcement services in the form of remote
booking into COUNTY's Jail Information Management System (JIMS), transporting CITY
inmates to and from Court as well as guarding and moving inmates within the courthouse
facility; and
WHEREAS, COUNTY, through SHERIFF, desires to provide these transportation and
. courthouse related services; and
WHEREAS, COUNTY, SHERIFF and CITY understand that this Agreement concerns
only those services provided by SHERIFF, and does not address the impact on other departments
within or outside COUNTY; and
WHEREAS, Section 54980 et seq. of the California Government Code authorizes
COUNTY and CITY to contract for performance of SHERIFF's services within CITY; and
WHEREAS, Section 51350 of the California Government Code specifies the costs that
may be recovered in such a County - City contractual relationship;
NOW THEREFORE, COUNTY and CITY jointly intend that CITY will fund and
COUNTY will provide a level of Court Related Inmate Security services as set forth in this
Agreement.
Page 1 of 15
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AGREEMENT
I. PURPOSE AND INTENT
A. The purpose of this Agreement is to provide Court related inmate security
services to include the remote booking of CITY inmates into the COUNTY's Jail
Information Management System (JIMS), transportation of CITY inmates to and
from Court, provision for CITY inmate court holding services, and presentation of
CITY inmates in Court. Nothing in this Agreement is intended to or shall be deemed
to limit, expand, or otherwise change the definition of costs that are recoverable as
specified in Section 51350 of the California Government Code.
B. Inmates transported and handled by COUNTY through SHERlFF remain CITY
inmates until remanded into the custody of the Sheriff s Department by the Court.
C. Transportation shall include the return of inmates not remanded into SHERlFF's
custody to CITY and the transportation of inmates remanded into SHERIFF's custody
to the appropriate detention facility.
D. This Agreement and Exhibits represent the service level requested by CITY,
provided by COUNTY through SHERIFF.
ll. SCOPE OF SERVICE
A. CITY inmates shall remain CITY responsibility until inmates are remanded into
SHERlFF's custody by the Court.
B. CITY shall be responsible for medical screening/evaluation from the point of
arrest up to the point the Court remands the inmate into SHERlFF's custody. CITY
shall be responsible for the transportation and supervision of CITY inmates requiring
hospitalization or emergency medical care. COUNTY shall be responsible for inmate
Page 2 of 15
/'-7../
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medical expenses following the court remand of the inmate into SHERIFF's custody.
The liability for medical expenses shall conform to Penal Code 94015 (c) and (d).
C. CITY shall retain all bulk property of inmate to include such things as bicycles,
radios, or any bulk item not normally nor readily stored in a SHERIFF inmate
personal property envelope or clothing bag. CITY shall be responsible for retention
and disposition of such property even after an inmate is remanded into SHERIFF's
custody.
D. CITY shall be responsible for fingerprinting and Live Scan of inmates and shall
send the prints to Sheriff s Records for identification purposes.
E. CITY shall fax Standard Sheriffs Intake Form with San Diego Sheriffs
Department Records System number to the San Diego Central Jail Inmate Processing
Staff.
F. In order to maintain continuity of medical care, CITY shall provide a copy of all
medical records for inmate(s) being transferred from CITY custody to SHERIFF's
custody. Medical records will be delivered to SHERIFF in conjunction with the
transfer of the inmate's personal pocket property. Medical records will include:
1. Intake screening;
2. Treatment performed;
3. Medication administered;
4. Treatment provided by outside provider (hospital, clinic, etc.).
CITY shall notify SHERIFF's facility receiving Charge Nurse by telephone of
any unusual circumstances involving the inmate's health or care. Unusual
circumstances include, but are not limited to, inmate's placement in a safety or
Page 3 of15
/ "/ /;1...
sobering cell, restraints other than handcuffs, or if the inmate has not been eating or
drinking fluids normally.
G. CITY shall purchase a printer and wristband sealer. In keeping with SHERlFF
procedures, CITY shall provide, print, and place wristband on inmate for inmate
identification purposes.
H. CITY shall reimburse COUNTY for costs associated with transportation, support
personnel and supplies and equipment necessary to provide this service as specified in
Exhibit A of this Agreement. Costs shall include necessary relief personnel to ensure
delivery of service to CITY by COUNTY through SHERlFF.
I. CITY may request additional sworn or professional positions over and above
existing service level units. Costs for additional positions will be based on actual
"average" base salary plus appropriate benefits. Provision of additional personnel is
subject to availability and authorization by SHERlFF, or SHERlFF's designee.
J. CITY shall ensure that CITY inmates meet SHERlFF's existing booking
acceptance criteria as specified in Exhibit B.
K. CITY shall collect DNA samples and palm prints pursuant to the arrestee
provisions of Penal Code Section 296. CITY shall forward samples and prints to the
State and notify SHERlFF's Classification Unit of the completed collection.
SHERlFF shall update the JIMS record to reflect the collection.
L. CITY shall participate with SHERlFF in a daily reconciliation of CITY inmate
count in the SHERlFF's JIMS.
M. CITY shall notify SHERlFF' s Department of CITY inmate releases within two
hours of actual release to ensure accuracy of booking records in JIMS.
Page 4 of 15
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/ ,-",'
N. COUNTY through SHERIFF shall provide for the collection of CITY inmates at
the Chula Vista Police Department, transportation of CITY inmates to Court,
guarding inmates in court holding areas, presentation of inmates in Court, and
disposition of CITY inmates based on Court direction.
O. COUNTY through SHERIFF, shall transport CITY inmates back to the Chula
Vista Police Department for processing and release if release is ordered by Court.
CITY shall be responsible for processing release of inmate and for the return, to
inmate, of any personal property of inmate held by CITY.
P. COUNTY through SHERIFF, shall return to the Chula Vista Police Department
to retrieve small personal property normally carried within the pockets of or jewelry
worn by an inmate whom the Court remands into SHERIFF's custody. CITY shall
sign such personal property over to COUNTY through SHERIFF to be retained at
SHERlFF's facility until inmate is released or transferred to another facility.
Q. COUNTY through SHERlFF may provide supplemental or special services or
additional related supplies and equipment or increase the level of existing services
beyond what is covered in this Agreement and Exhibit A. If CITY and COUNTY
through SHERlFF agree that changes to services and service level are needed, CITY
and COUNTY through SHERIFF shall execute and sign an amendment to this
Agreement and Exhibit A. COUNTY shall delegate the authority to SHERlFF to sign
amendments to Agreement and Exhibit A, consistent with the intent of this provision
after review and approval by County Counsel. CITY shall compensate COUNTY for
the additional services and change in service level with costs based on SHERIFF's
actual "average" base salary plus appropriate benefits.
Page 5 of1.5 .
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III. LEVEL OF SERVICE
A. By April I of each year, CITY shall determine if a change in service level is
required by CITY for the following fiscal year.
B. By April I of each year, CITY shall determine whether or not to continue any
agreed to supplemental or special services, increase in service level, or additional
supplies and equipment defmed in accordance with Section II. Q.
C. Requests for a change in service level, continuance of supplemental or special
services, or additional supplies and equipment may be made to COUNTY through
SHERIFF by CITY, and shall be made in writing, or, if made in person or by
telephone, be confirmed in writing by the requestor within forty-eight (48) hours of
the request. Written requests may include e-mail correspondence.
IV. JOINT OPERATING AND FINANCIAL PLAN
A. COUNTY through SHERIFF and CITY shall prepare on an annual basis, a
written Joint Operating and Fitlancial Plan ("Plan") specifying the services referred to
in Section III, and the total cost for such services in accordance with Section VI. Plan
shall be approved by CITY, COUNTY, and SHERIFF and shall be effective August 2
and shall be made a part of this Agreement as Exhibit C.
B. Notwithstanding Section IV. A., in subsequent contract years, ifno changes or
minimal changes in the service level do not require additional COUNTY personnel,
additional COUNTY fixed assets and, does not exceed fifty thousand dollars
($50,000) in the aggregate, COUNTY through SHERIFF, may enter into a new Plan
with CITY specifying the total cost of services determined in accordance with Section
Page 6 of 15
",.....~
VI. Plan shall be approved by CITY, COUNTY, and SHERIFF and shall be made a
part of this Agreement as Exhibit C.
V. CONTRACT ADMINISTRATION
A. COUNTY shall designate SHERIFF, or his/her designee, to represent COUNTY
in all matters pertaining to the administration of this Agreement.
B. CITY shall designate its Chief of Police, or his/her designee, to represent CITY in
all matters pertaining to the administration of this Agreement.
C. SHERIFF shall be available at all times to confer with Chief of Police and,
wherever feasible, practical, and not in conflict with mandated duties and
responsibilities, shall provide services agreed upon herein in accordance with the
intent of the CITY. CITY, COUNTY, and SHERIFF shall provide the full
cooperation and assistance of its officers, agents, and employees to each other in the
performance of this contract.
D. With mutual consent of SHERIFF and CITY, changes to operational procedures
may be effective when incorporated in written amendments to this Agreement in the
manner prescribed in Section XII.
E. Any notice or notices provided for by this Agreement or by law to be given or
served upon COUNTY and not within the purview of Section IV. B. or Section V. A.
of this Agreement, may be given or served by letter deposited in the United States
mail, postage prepaid, and addressed to:
Chairperson
San Diego County Board of Supervisors
1600 Pacific Highway
San Diego, CA 92101
Page 7 of 15 .
/
The Board Chairperson shall provide copies of all notices received to the
COUNTY Chief Administrative Officer and to SHERIFF.
Any notice or notices provided for by this Agreement or by law to be given or
served upon CITY may be given or served by letter deposited in the United States
mail, postage prepaid and addressed to:
City Manager
City of Chula Vista
276 4th Avenue
Chula Vista, CA 91910
The City Manager will provide copies of all notices received to the Chief of
Police for CITY.
VI. CONTRACT COST
A. Contract cost for services provided by COUNTY through SHERIFF shall be
based upon SHERIFF's cost of such services as developed in accordance with
Sections VI. B. - D. and reflected in Exhibit A with costs to be updated annually.
B. Vehicle operating costs shall be based on current actual fleet operating costs and
shall be adjusted in subsequent contract years for anticipated increases.
C. All other costs (excluding salary, benefits and liability costs) shall be based upon
SHERIFF's established budgetary standard costs necessary to support a staff person
in service and/or other costs identifiable and allocable based on accounting records.
D. COUNTY shall outfit any vehicle required for this service with the standard
equipment used for such inmate transport vehicles within the Sheriff's Department.
E. COUNTY shall provide all labor, supplies, equipment, services, and materials
required for its performance of the foregoing law enforcement services; except that
Page 8 of1S
/).//
CITY shall, at its own expense, supply any special stationary, supplies, notices, or
forms which are to be issued in the name of CITY.
F. All terms and conditions of this Agreement are subject to the continued
appropriations and availability of funds for each party for the performance of the
services stated herein, and either party may terminate the contract for lack of
appropriations andlor availability of funds pursuant to Section XIII.
Vll. METHOD OF PAYMENT
A. COUNTY through SHERIFF shall invoice CITY monthly for services rendered.
CITY, within thirty (30) days from date of invoice, shall pay to the County Treasurer
through the Sheriffs Department at 9621 Ridgehaven Court, San Diego, CA 92123,
for the services provided under this Agreement.
B. In the event that SHERIFF performs other services not herein described, at the
request of CITY, such services shall be billed in addition to the amount of payments
set forth above. CITY shall pay the allowable cost of such services so requested.
CITY shall not be obligated to pay for any services provided at no charge to
non-contract agencies (i.e., regional services).
VIII. (RESERVED)
IX. (RESERVED)
X. AUDIT AND INSPECTION OF RECORDS
A. COUNTY agrees that records generated under this contract shaJ.l be made
available to CITY to audit and examine. CITY agrees that any such audit will be
Page 9 of 15
arranged by contacting COUNTY Board Chairperson or designated representative at
'least ten (10) business days prior to the connencement of the audit which shall be
conducted at any time during normal working hours.
B. CITY, through its City Manager, shall have access to reports and other documents
pertaining to this Agreement.
XI. INDEMNIFICATION
A. Salaries, Workers Compensation, Employment
1. All personnel provided by SHERIFF in the performance of the services and
functions of this contract for said CITY shall be COUNTY officers and
employees. CITY shall have no liability for any direct payment of salaries, wages
or other compensation to any COUNTY officers and employees engaged in such
performance. CITY shall not be liable for compensation or indemnity to any
COUNTY employee for expenses or damages incurred from injury or sickness
arising out of employment.
B. . Indemnification For Negligent Acts Or Omissions
1. Claims Arising From Sole Acts or Omissions of County
COUNTY hereby agrees to defend and indemnify CITY, its agents, officers
and employees, from any claim, action or proceeding against CITY, arising solely
out of the acts or omissions of COUNTY in the performance of this Agreement.
At its sole discretion, CITY may participate at its own expense in the defense of
any claim, action or proceeding, but such participation shall not relieve COUNTY
of any obligation imposed by this Agreement. CITY shall notify COUNTY
promptly of any claim, action or proceeding and cooperate fully in the defense.
Page 10 ofl.?
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, I .'
2. Claims Arising From Sole Acts or Omissions of City
CITY hereby agrees to defend and indemnify COUNTY, its agents, officers
and employees from any claim, action or proceeding against COUNTY, arising
solely out of the acts or omissions of CITY in the performance of this Agreement.
At its sole discretion, COUNTY may participate at its own expense in the defense
of any such claim, action or proceeding, but such participation shall not relieve
CITY of any obligation imposed by this Agreement. COUNTY shall notify CITY
promptly of any claim, action or proceeding and cooperate fully in the defense.
3. Claims Arising From Concurrent Acts or Omissions
COUNTY hereby agrees to defend itself, and CITY hereby agrees to defend
itself, from any claim, action or proceeding arising out of the concurrent acts or
omissions of COUNTY and CITY. In such cases, COUNTY and CITY agree to
retain their own legal counsel, bear their own defense costs, and waive their right
to seek reimbursement of such costs, except as provided in paragraph 5 below.
4. Joint Defense
Notwithstanding paragraph 3 above, in cases where COUNTY and CITY
agree in writing to a joint defense, COUNTY and CITY may appoint joint defense
counsel to defend the claim, action or proceeding arising out of the concurrent
acts or omissions of CITY and COUNTY. Joint defense counsel shall be selected
by mutual agreement of COUNTY and CITY. COUNTY and CITY agree to
share the costs of such j oint defense and any agreed settlement in equal amounts,
except as provided in paragraph 5 below. COUNTY and CITY further agree that
Page 11 of 15, .
/<".1-': .)
I / ~-: -
neither party may bind the other to a settlement agreement without the written
consent of both COUNTY and CITY.
5. Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the
comparative fault of the parties, COUNTY and CITY may seek reimbursement
and/or reallocation of defense costs, settlement payments, judgments and awards,
consistent with such comparative fault.
XII. AMENDMENTS OR MODIFICATIONS
Either party may propose amendments or modifications to this Agreement. Such
changes, including any increase or decrease in the level of service which are mutually
agreed upon by and between COUNTY, SHERIFF and CITY, shall be effective when
incorporated in written amendments to this Agreement and approved by both COUNTY,
SHERlFF and CITY.
XIII. TERMINATION FOR CONVENIENCE
Notwithstanding any other section or provision of this Agreement, either party
hereto may terminate this Agreement by giving ninety (90) days advance written notice
of intention to terminate for convenience, pursuant to the notice provisions of Section V.
of this Agreement.
XIV. ASSET OWNERSIDP
A. Upon termination of Agreement, asset ownership is determined as follows:
1. Vehicle ownership will be retained by the entity (CITY or COUNTY) that
purchased the vehicle and currently carries the vehicle registration. Vehicles
Page 12 ofl5
/'~ 1/
/ ;/ '<I
purchased by CITY to effectuate this Agreement for which CITY is reimbursed
by COUNTY are considered purchased and owned by COUNTY.
2. Ownership of office equipment (desks, chairs, computers, etc.) will be
retained by the entity (CITY or COUNTY) that purchased the equipment and
currently carries ownership on the entity's inventory. Office equipment
purchased by CITY for which CITY was given credit on law enforcement service
billings are considered purchased and owned by COUNTY.
a. Radios for the 800MHz Regional Communications System are
purchased by COUNTY and owned by COUNTY.
b. Ownership of s"afety equipment (firearms, uniforms, leather gear, etc.)
will be retained by COUNTY.
XV. OTHER PROVISIONS AND MATTERS
For booking record purposes, CITY and COUNTY agree that a booking resulting
from a field arrest is considered a CITY booking when entered into the JIMS system,
regardless of the disposition of the inmate's custody status.
XVI. TERM OF AGREEMENT
A. This Agreement shall be effective on August 2, 2005 with the option to extend the
Agreement in accordance as listed below but shall not extend beyond June 30, 2010.
B. The initial term of this Agreement shall take effect August 2, 2005 and expire on
December 31, 2005 unless terminated sooner as provided for herein. Renewal or
extension of the Agreement into the second term is automatic unless either party
Page 13 of 15
/
).
--~-~".
-'
notifies the other of termination by written notice within ninety (90) days of the close
of this term.
1. CITY, COUNTY and SHERIFF agree that COUNTY through SHERIFF shall
reassess the cost of providing the services during the initial term of this
Agreement and cost shall be subject to review and revision.
2. COUNTY through SHERIFF shall revise invoicing to reflect any increase in
costs identified and apply the change to the invoices processed in the second term
of this Agreement.
C. The second term of this Agreement shall take effect January I, 2006 and expire
on June 30, 2006 unless terminated sooner as provided for herein. Renewal or
extension of this Agreement into the third term is automatic unless either party
notifies the other of termination by written notice within ninety (90) days of the close
of this term.
1. CITY, COUNTY and SHERIFF agree that COUNTY through SHERIFF shall
reassess the cost of providing the services during the second term of this
Agreement and cost shall be subject to review and revision.
2. COUNTY through SHERIFF shall revise invoicing to reflect any increase in
costs identified and apply the change to the invoices processed in the third term of
this Agreement.
D. Subsequent to the end of the second term ofthe Agreement, the third term of the
Agreement shall start July 1,2006 and expire on June 30, 2007, with three
incremental one (1) year extensions not to go beyond the term of the Agreement as
indicated in Section XVI. A. Renewal or extension of the Agreement into subsequent
Page 14 of1S
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annual terms is automatic unless either party notifies the other of termination by
written notice one (1) year in advance of desired date of termination.
XVII. RENEGOTIATION
Notwithstanding any other provision of this Agreement, COUNTY and SHERlFF
may open negotiations with CITY concerning the provisions of this Agreement at any
time during the term of this Agreement. In the event that agreement among the parties is
not achieved in any such renegotiation, COUNTY may terminate this Agreement for
convenience upon written notice one (1) year in advance of desired date of termination in
accordance with the provisions of Section XIII.
IN WITNESS WHEREOF, the CITY, by resolution duly adopted by its City Council, has
approved the execution of this contract by its Mayor, and the COUNTY, by order of its Board of
Supervisors, have approved the execution of this contract this _ day of -,2005.
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO
Mayor
~~~
Chief Administrative Officer
Approved by City Council
Approved by Board of Supervisors
Action
$
Action
Date
,2005
Date
~u.Cj.:2 , 2005
t(~ J 'PV) --
By:
By:
'.. t1,{"Of" .,;~/;:;.k..
.,; ij;~'~~:1~T"-'
Page IS of IS
/'-',"':1'
Thomas J. Pastuszka
C1eik of the Board at SuperviSOrs
~~QVED AS TO FO~, At AND LEGALITY,
~COUN '-7
" '~~
';;; .,
ll,(. .It
,_. . _, ....,.'nr.I"'lr"ICOlliV
EXHIBIT A
Chula Vista Police Department
Cost of Inmate Transportation and Processing
FY 2005/2006
Inmate Transportation Cost
Deputy Sheriff or Deputy Sheriff IDetention
(based on 2x runs at 20 min stop 2x day 5 days a week)
Average Overtime
Support Staff
Total Salary & Benefit
Overhead 16.00%
Vehicle Operating Cost Bus
Total Annual Transportation Cost (Fixed)
Inmate Processing Cost
Detention Salary and Benefits
Detention Service & Supplies
Detention Overhead 12.7665%
Total Detention Cost
Records Salary and Benefits
Records Service & Supplies
Records Overhead 12.7665%
Total Records Cost
Processing Cost per Inmate
/
$34,615.36
1,311.74 '
3,858.38
$45.58
$24.74
---
0.20
5.82
0.55
3.16
$39,785.48
6,155.80
7,970.00
$51.59
$28.45
$80.04
$53,911.28
$80.04
EXHIBIT A
Chula Vista Police Department
Cost of Inmate Transportation and Processing (Estimate)
FY 2006/2007
Inmate Transportation Cost
Deputy Sheriff or Deputy Sheriff /Detention
(based on 2x runs at 20 min stop 2x day 5 days a week)
Average Overtime
Support Staff
Total Salary & Benefit
Overhead 16.00%
Vehicle Operating Cost Bus
Total Annual Transportation Cost (Fixed)
Inmate Processing Cost
Detention Salary and Benefits
. Detention Service & Supplies
Detention Overhead 12.7665%
Total Detention Cost
Records Salary and Benefits
Records Service & Supplies
Records Overhead 12.7665%
Total Records Cost
Processing Cost per Inmate
//-.>,
$35,999.97
1,364.21
4,012.72
$47.40
0.21
6.05
$25.73
0.58
3.28
$41,376.90
6,402.03
8,448.20
$53.66
$29.60
$83.26
$56,227.13
$83.26
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EXHIBIT D
OPERATIONAL PROCEDURES
AND
PROTOCOLS
PURPOSE
To establish operational procedures and protocols concerning the transfer of inmates
between the Chula Vista Police Department (CITY) and the San Diego County Sheriffs
Department's Court Services and Detention Services Bureau (SHERIFF). Adherence to
these protocols by both agencies will reduce potential conflicts and create a safer and
more harmonious relationship.
CLASSIFICATION PROCEDURES
CITY agrees to utilize the classification procedure developed and utilized by SHERIFF.
CITY will adopt any modification of the classification coding or procedures as soon as
practicable after notification by SHERIFF of the change(s).
INMATE CLOTHING
All civilian clothing shall be taken from incoming inmates and stored out of their control.
Clothing will remain in CITY custody untiVunless the inmate is remanded to SHERIFF's
custody by the Court. CITY agrees to purchase and maintain sufficient quantities of jail
uniforms and underwear to ensure that all inmates transferred to SHERIFF's custody are
so attired. Jail uniforms shall be orange colored with "CVPD" stenciled prominently on
the shirt and pants. All personal footwear belonging to inmates shall be replaced with
footwear that is compatible with what is currently issued to SHERIFF's inmates.
Underwear (briefs/panties and tee shirts) should be distinctively marked to facilitate their
return to CITY.
CITY agrees to provide personnel to travel to San Diego Central Jail (SDCJ) and Las
Colinas Detention Facility (LCDF) to collect CITY uniforms taken from former CITY
inmates upon their arrival at SHERIFF's detention facilities. SHERIFF agrees to
implement a plan to collect and separate all CITY uniforms until collected by CITY.
INMATE PROPERTY
Inmates transferred to SHERIFF's custody should not have any property on their person
or have access to this property. The following property will remain in CITY custody
untiVunless the inmate is released or remanded to SHERIFF's custody by the Court.
1
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Personal- Jewelry, identification card, money, combs and other property
typically kept on one's person.
Personal property of inmates transferred to SHERIFF's custody shall be
stored in a clear plastic bag, heat sealed and inventoried in the same manner as
property accepted from field arrests at any of the SHERIFF's booking
facilities.
Clothing - All civilian clothing.
Clothing shall be kept in a brown paper bag, labeled with the inmate's
name and transferred with the inmate to SHERIFF if they have been
remanded.
Other Property - Property typically in the possession of inmate, including
but not limited to paperwork from booking, hygiene items, materials for letter
writing and other similar items.
Bulk property or other property that does not fall into these categories should be retained
by CITY.
CONTRABAND
Contraband shall not be kept in inmate's property or on their person. In the SHERIFF's
jail system, contraband includes, but is not limited to:
Ink pens;
Any pencils except shortened "golf' pencils with the metal eraser
attachment removed;
Metal clasps on envelopes;
Paper clips or staples;
Shaving razors (collected immediately after use);
Nail clippers;
Food;
Jewelry;
Full size toothbrushes;
Silverware or plastic ware; and,
Hardcover books.
/Ci.. ~? )
I ( ---~
2
HYGIENE AND PERSONAL SUPPLIES
SHERIFF shall issue the following hygiene supplies to all new inmates:
Modified plastic toothbrush (cut to Y2 length);
Small tube of toothpaste;
Two bars of soap;
One small bottle of shampoo (hotel size); and,
Black plastic comb 'is size.
To ease the housing transition from CITY jail to SHERIFF's custody, CITY should use
the same or similar supplies when possible.
TRANSPORTATION PROCEDURES
CITY agrees to have the inmates being transported by COUNTY through SHERIFF
ready for transportation at an agreed upon time each day. Every inmate shall be searched
by CITY personnel and shall have all property removed from their possession prior to
being transported. The only exception to this policy will be prescribed medications
which shall be provided to SHERIFF's personnel and accompany the inmate to Court.
CITY shall have a list of the inmates to be transported that will include the name,
SHERIFF booking number and charges.
SHERIFF personnel shall be responsible for providing the chains and cuffs required to
secure the inmates and for applying and removing the restraints. Male and female
inmates shall be transported separately in different SHERIFF transportation vehicles, the
schedules of which shall be communicated to CITY.
The inmates' property should be kept by CITY. When SHERIFF returns the inmates to
CITY each afternoon, all non-remanded inmates will be returned to CITY for release.
CITY shall provide all inmate property belonging to remanded inmates to SHERIFF's
Transportation deputies at that time. CITY shall maintain all bulk property and shall be
responsible for its return to the inmate when they are released from SHERIFF's custody.
INVESTIGATIONS
All administrative and criminal investigations conducted regarding actions of CITY or
SHERIFF employees and their interactions with inmates shall be handled by the
employing agency of the staff involved, regardless of the custody status (CITY or
SHERIFF) of the inmate at the time.
3
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USE OF FORCE
All use of force by CITY or SHERIFF employees, or other incidents requiring
documentation (such as crime reports), will be handled in accordance with the employing
agency's policies and procedures, regardless of the custody status (CITY or SHERIFF) of
the inmate at the time.
PHYSICAL DISABILITIES
SHERIFF is responsible for the transportation of inmates who are physically able to
board the transportation vehicles under their own power. CITY agrees to provide
transportation to Court for inmates confmed to wheelchairs or otherwise unable to board
a SHERIFF transportation vehicle due to a physical disability or medical condition.
COOPERATION
COUNTY through SHERIFF and CITY will cooperate in good faith to implement this
Exhibit.
AMENDMENT: ASSIGNMENT
This Exhibit may be modified or amended only by a written document executed by both
parties. No party shall assign any of its rights or delegate any of its obligations hereunder
without the prior written consent of the other party,
/;~ ~.,'
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista. Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CllY Of
CHULA VISTA
Thursday, August 04, 2005
TO:
Lorraine Bennett, Deputy City Clerk
FROM:
Natalie D. Flores, Executive Secretary
RE:
Appointment to Civil Service Commission
Mayor Stephen Padilla would like to recommend the following community member to
fill a vacancy on the Civil Service Commission:
Stacey Stevenson
Please place this on the August 16, 2005 Council agenda for ratification.
~a%/!{J/d~!;fd/
./"t:'Tatahe D. Flores
Executive Secretary
8'-4-05
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