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Home My WebLink AboutAgenda Packet 2005/10/04 i U8Cictle under penalty of pefJury that I alll employed by the City of Chula Vista in the Office of the City Clerk and that I posted this r document on the bulletin board ac'co rd '"' ~ ~~' fL. ct reqUirements. /J (- d1otJ5~ <-C~ 7{~ Signed. . . CllY <]~ . CHULA YISTA Stephen C. Padilla, Mayor I Pally Davis, Councilmember David D. Rowlands, Jr., CityiManager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Council member October 4, 2005 4:00 P.M. Council Chambers Public Services Building 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Armida Martin Del Campo - Housing Advisory Commission Rita Legaspi - International Friendship Commission · INTRODUCTION BY JIM SANDOV A T~, DIRECTOR OF PLANNING AND BUILDING, OF THE EMPLOYEE OF THE MONTH, JOAN SCHMID, CODE ENFORCEMENT OFFICER II · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO CHRIS REDO, CHAIRPERSON OF THE CHULA VISTA CULTURAL ARTS COMMISSION, PROCLAIMING OCTOBER AS NATIONAL ARTS & HUMANITIES MONTH · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO LYNN FRANCE ON BEHALF OF THE CITYWIDE SAFETY COMMITTEE, PROCLAIMING THE WEEK OF OCTOBER 3, 2005 THROUGH OCTOBER 7, 2005 AS DRIVE SAFELY TO WORK WEEK · ANNOUNCEMENT BY RYAN HALL, AIRPORT SYSTEM PLANNER II, SAN DIEGO REGIONAL AIRPORT AUTHORITY, OF A TOWN HALL MEETING REGARDING THE FUTURE OF AIR TRANSPORTATION IN THE REGION CONSENT CALENDAR (Items 1 through 15) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. APPROVAL OF MINUTES of the Regular Meeting of August 9, 2005. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from City Clerk Bigelow requesting excused absences for Councilmember Patty Davis. Staff recommendation: Council excuse the absences from the meetings of August 2, August 9, September 13, and September 20, 2005, as well as from meetings in the near future until her return. B. Letter of resignation from Edward J. Nagorski, member of the Board of Appeals and Advisors. 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 Gustavo Bidart, member of the Housing Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ESTABLISH THE UNCLASSIFIED POSITION OF COASTAL/ENVIRONMENTAL POLICY CONSULTANT TO THE MAYOR (4/5THS VOTE REQUIRED; SECOND READING) On September 20, 2005, the Council approved a resolution authorizing an additional support position in the Office of the Mayor and Council. Adoption of the ordinance adds the position to Municipal Code section 2.05.010, relating to unclassified positions, as required by City Charter. This ordinance was introduced on September 20, 2005. (City Manager) Staff recommendation: Council adopt the ordinance. Page 2 - Council Agenda http://www.chulavistaca.gov October 4, 2005 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REAL PROPERTY PURCHASE AGREEMENT WITH MARIA LUISA FONTI, TRUSTEE, ET AL., FOR THE ACQUISITION OF A PORTION OF THE PROPERTY COMMONLY KNOWN AS III COUNTRY CLUB DRIVE (APN 573-410-04) IN FEE; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND AUTHORIZING STAFF TO EXECUTE ALL OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION Adoption of the resolution approves an agreement to purchase a portion of III Country Club Drive, in fee. The majority of this land is within the Telegraph Canyon Creek and is unusable to the property owner. The remainder to the west of the channel is severed from the owner's property. (City Engineer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING A CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF EAST NAPLES STREET AND OLEANDER AVENUE (TF-324), TO T & M ELECTRIC, DBA PERRY ELECTRIC The traffic signal installation at the subject intersection was approved and budgeted as part of the Fiscal Year 2005 Capital Improvement Programs. The scope of the project includes the installation of a fully actuated traffic signal system and other necessary work to complete the project. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $6,000, AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) The Fire Department has received donations in the amount of $6,000 from various community businesses. These donations were made to the Fire Department in support of the First Annual Awards and Recognition Ceremony, scheduled to be held on October 28,2005. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE AGREEMENT WITH STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION FOR MUTUAL AID FIRE PROTECTION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Fire Department is a participant in Automatic Aid Agreements with other agencies within San Diego County. The department provides staff and equipment resources to these agencies in an emergency and/or reimbursement basis. Adoption of the resolution ratifies the agreement with the Department of Forestry and Fire Protection for mutual aid. (Fire Chief) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda http://www.chulavistaca.gov October 4, 2005 8 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $118,173 IN UNANTICPATED GRANT FUNDS FROM THE FISCAL YEAR 2005 FIREFIGHTER ASSISTANCE GRANT, AND AMENDING THE FISCAL YEAR 2006 FIRE DEPARTMENT BUDGET TO APPROPRIATE $147,716, WHICH INCLUDES A LOCAL MATCH OF $29,543 FROM THE GENERAL FUND (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND AWARDING THE PURCHASING AGREEMENT TO THE SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS CENTER FOR DEVELOPMENT OF A COMPREHENSIVE WELLNESS-FITNESS PROGRAM FOR CITY OF CHULA VISTA FIREFIGHTERS The Fire Department has been awarded a federal grant in the amount of $118,173 from the Fiscal Year 2005 Firefighter Assistance Grant. The grant will be used to develop a comprehensive wellness-fitness program for the City's firefighters. This program will be administered through services offered by the San Diego Firefighters Regional Wellness Center. (Fire Chief) Staff recommendation: Council adopt the resolutions. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER UP TO $200,000 FOR GRAFFITI REMOVAL ON THE INTERSTATE 80S/OLYMPIC PARKWAYIEAST ORANGE AVENUE INTERCHANGE PROJECT, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDER The Council previously awarded the construction contract for this project to Yeager- Skanska, Inc. for $14.9 million and authorized the Director of Public Works Operations to execute a change order up to $100,000. Costs for graffiti removal from the new sound walls and retaimng walls will exceed $100,000. Adoption ofthe resolution authorizes the Director of Public Warks Operations to execute a change order up to $200,000 for the removal of graffiti from the project's new walls. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BURKETT & WONG ENGINEERS (CONSULTANT), AND OTAY PROJECT, L.P. (APPLICANT), FOR THE PREPARATION OF A PUBLIC FACILITIES FINANCING PLAN AND FISCAL IMPACT ANALYSIS FOR OTAY RANCH VILLAGES TWO AND THREE, AND PLANNING AREA 18B, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 4 - Council Agenda http://www.chulavistaca.gov October 4, 2005 In May of2003, the Council approved a three-party agreement between the City ofChula Vista, Burkett & Wong Engineers, and Otay Ranch L.P. for the preparation of a Public Facilities Financing Plan for Villages Two and Three, and Planning Area 18B Sectional Planning Area (SPA) Plan. Adoption of the resolution approves the first amendment to the three-party agreement with Burkett & Wong, for consulting services. This amendment adds an additional $20,000 to the contract, for a total maximum agreement amount not to exceed $88,800. (Director of Planning & Building) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $11,009 FROM THE BUREAU OF JUSTICE ASSISTANCE, AND i APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2005/2006 PERSONNEL I BUDGET OF THE POLICE DEPARTMENT FOR BULLETPROOF VESTS (4/5THS . VOTE REQUIRED) The Chula Vista Police Department has received funding from the Bureau of Justice Assistance to pay for the costs of bulletproof vests. The Bulletproof Vest Partnership grant has awarded the Police Department $11,009 to pay for 50% of the cost of bulletproof vests. This grant will partially fund 35 vests; matching funds are included in the Police budget. (Police Chief) Staff recommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE POLICE DEPARTMENT'S PARTICIPATION IN THE CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK Since 1990, the Police Department has entered into agreements with the County of San Diego to participate in the California Identification System Remote Access Network, commonly known as Cal-ID/RAN. This system is maintained by the State Department of Justice, but the County is the responsible agency for system allocation and funding. Adoption of the resolution approves an agreement effective July 1, 2005 and terminating on June 30, 2010. (Police Chief) Staff recommendation: Council adopt the resolution. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES FOR THE COMMUNITY SERVICE PROGRAM Adoption of the resolution approves an agreement with South Bay Community Services for the Community Service Program. This program focuses on restitution services such as neighborhood cleanups, volunteering at schools or working at community events. The program's purpose is to hold juvenile offenders accountable for their actions and provide opportunities for them to connect in positive ways with their community. (Police Chief) Staff recommendation: Council adopt the resolution. Page 5 - Council Agenda http://www.chulavistaca.gov October 4, 2005 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND, IF AWARDED, ACCEPTANCE OF A RECREATIONAL TRAILS PROGRAM GRANT FROM THE STATE OF CALIFORNIA FOR THE REHABILITATION OF ROHR PARK RECREATIONAL TRAIL; AND AUTHORIZING THE COMMITMENT OF MATCHING FUNDS THEREFOR During Fiscal Year 200612007, the Federal Highway Administration will provide $2.2 million in local assistance funds through the Recreational Trails Program for the acquisition, development and rehabilitation of recreational trails in California. Through its Parks & Open Space Division, the City's Public Works Operations Department proposes applying for grant funding to rehabilitate Rohr Park Recreational Trail. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. IS. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2005 HOLIDAY DECOR PROGRAM; WAIVING THE FORMAL BIDDING PROCESS; APPROPRIATING $48,400 FROM THE AVAILABLE . BALANCE GENERAL FUND TO PAY FOR THE PROGRAM; AWARDING A i PURCHASE AGREEMENT TO DEKRA-LITE INDUSTRIES; AND DIRECTING I STAFF TO IMPLEMENT THE 2005 HOLIDAY DECORATION PROGRAM (4/5THS i VOTE REQUIRED) The Holiday Decor Program was initiated in 1998 to provide a festive enviromnent within the downtown core during the holiday season. At that time, a Request for Proposal was prepared to solicit bids from specialty lighting and decoration companies. Dekra-Lite was selected due to their qualifications and experience, the excitement and quality of their design, and project cost. Dekra-Lite has since worked diligently with the Citj' in implementing this popular program. Adoption of the resolution awards a I purchase agreement to Dekra-Lite to implement the program, with an option to renew for . subsequent holiday programs. (Director of Community Development) Staff recommendation: CounCil adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Page 6 - Council Agenda http://www.chulavistaca.gov October 4, 2005 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. 16. CONSIDERATION OF APPLICANT'S APPEAL OF CERTAIN CONDITIONS OF APPROVAL MADE BY THE CITY'S DESIGN REVIEW COMMITTEE FOR A I PLANNED SIGN PROGRAM FOR THE EASTLAKE DESIGN DISTRICT (APPLICANT: INTERNATIONAL REAL ESTATE) The applicant, International Real Estate, 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. This item was originally considered at the meeting of August 23, 2005, at which time the Council continued it to September 13. At the September 13, 2005 meeting, the Council continued the item to a future, unspecified date. (Director of Planning & 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 17. CONSIDERATION OF OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) AMENDMENT (PCM-04-18), OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT (PCM-04-19), ZONE CHANGE (PCZ-06-02), AND REVISED TENTATIVE MAP (pCS-05-16) FOR A MIXED-USE VILLAGE CORE LOCATED ON BOTH SIDES OF EAST PALOMAR ROAD, BETW EEN VIEW P ARK WAY AND MAGDALENA A VENUE (APPLICANT: OT A Y PROJECT, LP) Otay Project, LP (Otay Ranch Company) proposes a mixed-use project in the Village Six Core along both sides of East Palomar Street, providing approximately 20,000 sqare feet of ground floor commercial retail space on the south side, and 20 live/work shopkeeper units on the north side. The project includes 158 for-sale condominium units on both sides of East Palomar Street between View Park Way and Magdalena Avenue, including units reserved for low-income households. (Director of Planning & Building) Staff recommendation: Council conduct the public hearing, place the following ordinance on first reading and adopt the following resolutions: A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY (PC) DISTRICT REGULATIONS LAND USE DISTRICTS MAP (FIRST READING) Page 7 - Council Agenda http://www.chulavistaca.gov October 4, 2005 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) TO ALLOW ADDITIONAL RESIDENTIAL DEVELOPMENT IN OTA Y RANCH VILLAGE SIX C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA I APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) SITE UTILIZATION PLAN MAP D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATNE MAP TO SUBDNIDE A 3.0-ACRE AND A 3.7-ACRE PARCEL ON EACH SIDE OF EAST PALOMAR STREET IN VILLAGE SIX INTO A TWO-LOT CONDOMINIUM MAP FOR 158 RESIDENTIAL UNITS (OTAY RANCH, LP) 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 APPROVAL OF AN AGREEMENT WITH I LOVE A CLEAN SAN DIEGO, INC. FOR THE DEVELOPMENT AND IMPLEMENTATION OF STORM WATER PUBLIC EDUCATION AND OUTREACH PROGRAMS (Continued from August 9, 2005) The National Pollutant Discharge Elimination System (NPDES) Municipal Permit issued by the California Regional Water Quality Control Board requires Co-permittees to implement, among other things, public education and outreach programs with the goal of increasing public awareness regarding protection and improvement of regional and local water resources and preservation of their beneficial uses. Staff has determined that, in order to enhance existing activities and increase the overall effectiveness of the City's compliance program, the NPDES public education and outreach program must be broadened to include all stakeholders, including environmental groups, local water agencies, local schools, businesses, developers, community groups, the Nature Center, and others. (Director of Public Works Operations) Staffrecommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING 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 Page 8 - Council Agenda http://www.chulavistaca.gov October 4, 2005 ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 19. CITY MANAGER'S REPORTS 20. MAYOR'S REPORTS A. Ratification of appointment of Maria Moya to the Growth Management Oversight i Commission. B. Ratification of appointment of Patricia Chavez to the Resource Conservation Commission. 21. 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). 22 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . City ofChula Vista, et al. v. CPUC (Rulemaking Nos. R-03-10-003 and R-OI-lO- 024) ADJOURNMENT to an Adjourned Regular Meeting on October 4, 2005 at 6:00 p.m. in Conference Rooms 2 and 3, and thence to the Regular Meeting of October 11, 2005, at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WIlli DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk/or specific information at (619) 691-5041 or Telecommunications Devices for ihe Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 9 - Council Agenda http://www.chulavistaca.gov October 4, 2005 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 9, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 7:19 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLLCALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: Davis ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Assistant City Clerk Norris PLEDGE OF ALLEGlANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY MAYOR PADILLA OF THE EMPLOYEE OF THE MONTH, NATALIE FLORES, EXECUTIVE SECRETARY FOR THE MAYOR AND CITY COUNCIL Mayor Padilla read the proclamation and presented it to Ms. Flores. . OATHS OF OFFICE: Pamela Bensoussan, Planning Commission Gary Nordstrom, Planning Commission Tracey Abston, Child Care Commission Deputy City Clerk Bennett administered the oaths of office to Pamela Bensoussan, Gary Nordstrom, and Tracey Abston; and Councilmember McCann presented them with certificates of appointment. . Councilmember McCann recognized the Chu1a Vista North Pony-13 All-Star Team, Western Zone Champions, who recently participated in the Pony League World Series Tournament and came in third overall. League President Sol Corona and Coach Danny H=andez introduced the team members, and Councilmember McCann presented each with a pin. . PRESENTATION BY CHUCK COLE, PRESIDENT AND WES LUJAN, LEGISLATIVE ADVOCATE OF ADVOCATION, INe. ON THE STATE BUDGET, LEGISLATION AND EVENTS CURRENTLY AFFECTING CITY GOVERNMENT IN SACRAMENTO This item was postponed to a future date, and there was no discussion. Page 1 - Council Millutes Augost 9, 2005 -1- CONSENT CALENDAR (Items 1 through 7) Regarding Item 1, Councilmember Castaneda stated that he would abstain from voting on the minutes for July 12, 2005, as he was not present at the meeting. With reference to Item 6, Councilmember Castaneda expressed concern about waiving the consultant selection process, stating that the City needs to provide the opportunity for companies and individuals to compete for contracts. He also requested that staff provide a report to the Council on the proposed outreach methods for storm water education to limited English-speaking members of the community. ACTION: Councilmember Castaneda moved to continue Item 6 to the meeting of August 23,2005. Councilmember McCann seconded the motion, and it carried 4-0. L APPROVAL OF MINUTES of the Regular Meetings of July 12, July 19, and July 26, 2005, and the Adjourned Regular Meeting of August 2, 2005. Staff recommendation: Council approve the minutes. 2. ORDINANCE' NO. 3016, ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. l2-M (VILLAGE 7; SECOND READING)) Proceedings were previously initiated for the formation of Community Facilities District (CFD) l2-M. On July 19, 2005, a special tax election for CFD l2-M was conducted. Adoption of the ordinance authorizes the levy of special taxes within CFD l2-M. This district will fund the perpetual operation and maintenance of slopes, medians, parkways and storm water treatment facilities associated with Village 7. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. This ordinance was introduced on July 26, 2005. (City Engineer) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2005-274, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 200512006 LffiRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $6,000 FOR THE LOCAL HISTORY DIGITAL RESOURCES PROGRAM The Chula Vista Public Library recently received a one-time grant award from Library Services and Technology Act funds in the amount of $6,000 for Fiscal Year 2006 for the Local History Digital Resources Program. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes August 9,2005 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2005-275, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS AND DIRECTING THE CITY ENGINEER TO RE-ADVERTISE THE UPGRADE OF TRAFFIC SIGNAL AT SECOND AVENUE AND H STREET (pROJECT TF-326/TF-311) Sealed bids were received from three electrical contractors for this project on June 22, 2005. All bids were found to be incomplete and, per the City Attorney's recommendation, shall be rejected. (City Engineer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2005-276, RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO SET A PUBLIC HEARING FOR SEPTEMBER 13, 2005 TO CONSIDER VACATING A PEDESTRIAN ACCESS EASEMENT CONNECTING EAST RIENSTRA STREET AND THE APOLLO II CONDOMINIUM COMPLEX The City is considering vacating a pedestrian access easement connecting East Rienstra Street and the Apollo II Condominium Complex, located off Melrose Avenue, north of Orange Avenue. The Paul Miller Company, representative of the Apollo II Homeowners Association and the owner of the property located at 274 East Rienstra Street, has requested the vacation of the above-mentioned easement. In order to vacate this easement, Council must fIrst set a public hearing to consider the vacation. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND "I LOVE A CLEAN SAN DIEGO, INC." FOR THE DEVELOPMENT AND IMPLEMENTATION OF STORM WATER PUBLIC EDUCATION AND OUTREACH PROGRAMS, REQUIRED PURSUANT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY The National Pollutant Discharge Elimination System (NPDES) Municipal Permit (Order No. 2001-01), issued by the California Regional Water Quality Control Board (Regional Board), requires Co-permittees to implement, among other things, public education and outreach programs with the goal of increasing public awareness regarding protection and improvement of regional and local water resources and preservation of their benefIcial uses. Staff has determined that, in order to enhance existing activities and increase the overall effectiveness of the City's compliance program, the NPDES public education and outreach program must be broadened to include all stakeholders, including environmental groups, local water agencies, local schools, businesses, developers, community groups, the Nature Center, and others. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes August 9,2005 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2005-277, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2005 GMOC ANNUAL REPORT, APPROVING THE RECOMMENDATIONS CONTAINED THEREIN, AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT THOSE RECOMMENDATIONS AS PRESENTED IN THE "2005 GMOC RECOMMENDATIONS/PROPOSED IMPLEMENTING ACTIONS SUMMARY" On June 23, 2005 the Council held a public hearing on the GMOC 2005 annual report. The report evaluates the current status of the City's 11 quality-of-life threshold standards and identifies issues over the next five years. In addition, the GMOC has forwarded a set of reconunendations regarding the update of the growth management program. (Director of Planning and Building) Staffreconunendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs reconunendations on Items 1 through 5 and Item 7, headings read, texts waived. The motion carried 4-0, except on the minutes for July 12, 2005 in Item 1, which carried 3-0-1 with Councilmember Castaneda abstaining, as he was not present at the meeting. ORAL COMMUNICATIONS There were none. At 7:44 p.m., Mayor Padilla recessed the City Council meeting to convene the joint City Council/Redevelopment Agency meeting. Mayor Padilla reconvened the City Council meeting at 7 :58 p.m., with all members p:esent except Councilmember Davis. PUBLIC HEARINGS 8. CONSIDERATION OF MODIFYING AN EXISTING CONDITIONAL USE PERMIT FOR SOUTHWESTERN CHRISTIAN SCHOOL Adoption of the resolution approves expansion of existing school facilities at 482 L Street to include a new administration and classroom building and establishes operational requirements, including the use of the parking lot for supervised recreation classes. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing, and appointed Counci1member Rindone to preside over the meeting. He then left the meeting at 7:58 p.m. and did not return. Page 4 - Council Minutes August 9,2005 PUBLIC HEARINGS (Continued) Associate Planner Walker presented the proposed Conditional Use Permit. Councilmember Rindone noted for the record letters received from 1) Peggy Hupp, on behalf of the Westby Street residents, dated August 9, 2005, regarding PCC-OS-03l; and 2) Jack Rowe, President of Southwestern Christian Schools, received on August 4, 2005, regarding the Conditional Use Permit for the reconstruction of the Administrative Building at Southwestern Christian Schools. Victor Mendoza stated that the residents on Westby Street are not opposed to the building but do oppose the use of the parking lot as a playground because of the noise issue. He added that everyone is satisfied with the regulations as set forth in the original court order agreement tbat was brought forward in 1984. J olm Leppert, representing Leppert Engineering Corporation, reiterated that the proposed proj ect is not intended to change any of tbe current school operations. He stated tbat tbe school has operated in this location for over 20 years, with very few complaints received from residents. He stated that they have maintained compliance with all of the conditions that the City imposed. He asked tbat they not be burdened witb Condition 3B of tbe Planning Commission Resolution ("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") and that, if a condition is to be imposed, the Council consider limiting use to no more than two-hours per day for structured and supervised physical education activities and give the school the opportunity to work with the residents to mitigate their concerns. Peggy Hupp, representing the Westby Street residents, spoke regarding the document she submitted to the Council dated August 9, 2005 regarding PCC-OS-03l. She expressed concern about daily noise nuisances from the students, as well as complaints from neighbors regarding debris in tbeir yards. She request,::d tbat the school live up to tbe 1984 court order agre=ent witb tbe neighbors that tbe parking lot be used for "occasional" school functions only. Michael Jones, architect for Southwestern Christian School, explained tbat the proposed building would not face any of tbe neighbors. He commented tbat since all playtime activities are supervised, tbere should be no issues regarding debris from tbe students in neighborhood yards. He also stated tbat school hours are from 8:30 a.m. to 3:00 p.m., so tbe parking lot would only be utilized from approximately 9:00 a.m. to 2:00 p.m. each day, witb no evening activities. Hope Yamada, a computer teacher at Southwestern Christian School, stated that none of the neighbors have concerns regarding tbe proposed building; and, in the past two years, no complaints have been received by tbe school from the neighbors regarding noise issues. She stated tbat actual physical use oftbe back parking lot is less tban 10 percent oftbe year. Cynthia Alston, a teacher at Southwestern Christian School, stated that all activities in tbe parking lot are supervised and well-organized. She believed tbat Ms. Hupp would not be directly affected by any noise from the school since she does not live adjacent to the back parking lot. Page 5 - Council Minutes August 9,2005 PUBLIC HEARlNGS (Continued) Karen Graham, a substitute teacher at Southwestern Christian School, believed that the school should be able to continue with the proposed school modifications since nobody has a problem with the modifications. She stated that the school is doing its best to work with the neighbors. She asked the Council to keep in mind that the school was not intending to break any agreements and suggested that perhaps there needs to be further clarification of the definition of "occasional" uses. There being no further members of the public who wished to speak, Councilmember Rindone closed the public hearing. Councilmember Rindone commented that the current school administration was not aware of the court order until April 2005, and he questioned whether the school had received any complaints regarding playground use since that time. Associate Planner Walker responded that no complaints had been received. Councilmember Castaneda suggested that an addendum be added to the condition stating that should the school wish to exceed 12 events per calendar year, the request would be brought forward for Council approval and notification would be given to the neighbors. Councilmember McCann believed that the Council fmdings should be consistent with the those contained in the court order and that the City should not be the body to interpret the court order. He expressed the need for the school and church to work together with the neighborhood to seek a solution on the issues. Councilmember Rindone moved to accept the staff recommendation to issue the Conditional Use Permit, but not provide any other interpretation as to the definition of "occasional," with the hope that the community would work out the issues; and if not, that the condition as set forth in the court order remain in place. Councilmember Castaneda seconded the motion. Senior Assistant City Attorney Marshall asked for confirmation that Councilmember Rindone's motion was to accept the recommendation by staff on the Council Resolution, Items 1II A, B, C, D, and E, and to remove 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") from the Conditional Use Permit. Councilmember Rindone responded affirmatively. Councilmember Castaneda then withdrew his second to the motion. ACTION: Councilmember Castaneda moved to continue the item to the meeting of August 23, 2005 and directed staff to 1) meet with the school and neighbors to identify the annual needs of the school; and 2) work with both parties to define the meaning of "occasional." Councilmember McCann seconded the motion, and it carried 3-0. 9. CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A TEMPORARY, ONE-TIME EVENT FOR AN OFF-ROAD RACETRACK IN OTAY RANCH VILLAGES TWO AND FOUR (APPLICANT: JAMES BALDWIN, OWNER OF CHAMPIONSHIP OFF-ROAD RACING) Page 6 - Council Minutes August 9, 2005 PUBLIC HEARINGS (Continued) Adoption of the resolution approves a conditional use permit for a temporary off-road racetrack in Villages Two and Four, located south of Olympic Parkway, east of the Otay landfill, and west of La Media Road. The proposed off-road racing events are planned for two consecutive weekends, September 23 - 25 and September 30 - October 2, 2005, between 10:00 a.m. and 5 :00 p.m. Post-racing event activities include live entertainment between 5:00 p.m. and 7:00 p.m. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Councilmember Rindone opened the public hearing. Associate Planner Phelps presented the proposed off-road race event. Councilmember McCann was hopeful that "Chula Vista" would be incorporated in the race name. Lydia DeNecochea, representing Racelega1.com, spoke in favor of the proposed off-road race, stating that it would offer a safer racing venue, keep streets safer, and provide an opportunity to educate youth on street-racing awareness. Ranie Hunter stated that the event would be highlighted on the speed channels, with a focus on Chula Vista. She thanked City staff for their work on the project. Councilmember Castaneda asked whether there were plans to involve neighbors who would be directly impacted by the event. Ms. Hunter responded that race organizers are working with Otay Ranch High School to publicize the event in the school's local newsletter and are partnering with the school to obtain volunteers for the event. There being no further members of the public who wished to speak, Councilmember Rindone closed the public hearing. ACTION: Councilmember McCann moved to adopt Resolution No. 2005-279, heading read, text waived: RESOLUTION NO. 2005-279, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, IS-05-023, AND GRANTING A CONDITIONAL USE PERMIT, PCC-05-067, TO ALLOW A TEMPORARY OFF-ROAD RACE ON A PORTION OF THE OTAY RANCH VILLAGES TWO AND FOUR, LOCATED SOUTH OF OLYMPIC PARKWAY, EAST OF THE OTAY LANDFILL, AND WEST OF LA MEDIA ROAD Councilmember Castaneda seconded the motion, and it carried 3-0. Page 7 - Council Minutes August 9, 2005 OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Rowlands announced that the August 16, 2005 regular meeting would be cancelled. Additionally, meetings would not be held on August 30, 2005, as it was a fifth Tuesday of the month, or on September 6, 2005 due to Labor Day. 11. MAYOR'S REPORTS A. ACTION: Ratification of appointment of Jeanne Highhouse to the Childcare Commission. Councilmember McCann moved to ratify the appointment of Jeanne Highhouse to the Childcare Commission. Councilmember Castaneda seconded the motion, and it carried 3-0. B. Consideration of designation of a voting delegate for the 2005 League of California Cities Annual Conference to be held Thursday, October 6 through Saturday, October 8,2005, in San Francisco. ACTION: Councilmember Castaneda moved to designate Mayor Padilla as the voting delegate. Councilmember McCann seconded the motion, and it carried 3-0. 12. COUNCIL COMMENTS Councilmember McCann hoped to see everyone at the upcoming Lemon Festival on Third Avenue on August 14, 2005, from 10:00 a.m. to 5:00 p.m. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . City of Chula Vista v. Evanston (San Diego Superior Court Case No. mc 818513) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One case ADJOURNMENT At 9:45 p.m., Councilmember Rindone adjourned the meeting to the joint City Council/Planning Commission workshop to be held August 18, 2005 at 6:00 p.m., in the Council Chambers and thence to the Regular Meeting of August 23, 2005 at 6:00 p.m. J~~ Donna Norris, c'K1c, Assistant City Clerk Page 8 - Council Min\ltes A\lg\lst 9, 2005 ~~It- ~ ~5~~ - - -~ CllY OF CHUIA VISTA MEMORANDUM OFFICE OF THE CITY CLERK October 4, 2005 TO: Honorable Mayor and Members ofthe City Council liP FROM: Susan Bigelow, MMC, City Clerk RE: Excused Absences for Councilmember Patty Davis In accordance with Charter Section 303A, the Council may grant permission for absences by Councilmembers from regular meetings if the permission is expressed in the official minutes. This section also provides that "the permission of the Council shall be granted for any temporary illness of the requesting Councilmember disabling him or her from attendance. . .." Due to illness, Councilmember Patty Davis has been unable to attend recent meetings. The Council took action to officially excuse her absence from the regular meeting of August 23,2005; however, no action has been taken to excuse her absences from the meetings of August 2, August 9, September 13 and September 20. It is recommended that the Council officially excuse her absences from the above meetings, as well as meetings in the near future until she returns. "'lA --\fJ I -Fr, Edward J. Nagorski New Address as of9/18/05 Emerald Island 661 N Rose Drive #G204 Placentia, CA 92870 RECEIVED t6 SEP 21 P 3 :28 CITY OF CHULA VIS T t. CITY CLERK'S OFFICE September 19,2005 City of Chula Vista Attn: City Clerk Dear Sirs: I, Edward J. Nagorski, hereby tend my resignation from Board of Appeals and Advisors Committee. It was a real pleasure to work with all of you. Sincerely, {!L( J ~ Edward J. Nagorski 1925 Otay Lakes Road #80 Chula Vista, CA 91913 ;{o September 12, 2005 Leilani Hines City of Chula Vista Community Development 276 Fourth Ave. Chula Vista, CA 91910 Re: City of Chula Vista Housing Advisory Commission Dear Leilani, Please accept this letter as formal communication of my resignation, effective 9/12/05. My decision to step down from the City's Housing Advisory Commission came after long and careful consideration. I find that I cannot participate as actively as I would like nor extend the time necessary the advisory commission deserves. I wish the City's Housing Advisory Commission continued success and hope that perhaps in the future we can again collaborate. Should you have any questions, in the future, regarding community reinvestment or development, please do not hesitate to call me... Si"cerely, C-ae.-Cse ~ Gustavo Bidart 1462 Antioch Avenue Chula Vista, CA 91913 619.216.5334 "i. ," o(,L--- ORDINANCE NO. SECONO REf>,OING f>,NO f>,OOPI10N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO ESTABLISH THE UNCLASSIFIED POSITION OF COAST AUENVIRONMENT AL POLICY CONSULTANT TO THE MAYOR WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City's workforce; and WHEREAS, the Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the city, there are established the unclassified positions entitled deputy city manager, administrative services manager, deputy fire chief assistant fire chief, assistant chief of police, assistant director of finance, assistant director of budget and analysis, fiscal operations manager, funds development strategic planning manager, purchasing agent, treasury manager, assistant director of human resources, director of employee development, risk manager, assistant director of public works and operations, assistant director of building and housing, deputy building official, building services manager, building and park construction manager, parks and open space manager, assistant director of recreation, housing coordinator, real property manager, transit coordinator, assistant director of community development, community relations manager, western Chula Vista development manager, traffic engineer, deputy director of engineering, assistant library director, chief learning officer, director of communications, police captain, director of conservation and environmental services, deputy director of planning, assistant director of planning, special planning projects manager, general plan project manager, chief of staff, constituent services manager, community liaison (assigned to the office of the mayor and city council), California border alliance group deputy executive director, Califomia border alliance group budget manager, Califomia border alliance group meth. Strike force coordinator, Califomia border alliance group 3-1 network administrator, Califomia border alliance group operations/intelligence coordinator, Califomia border alliance group program analyst, Califomia border alliance group management assistant, California border alliance group network assistant and regional computer forensic laboratory network engineer, California border alliance group executive assistant, energy services manager, communications manager, office specialist (mayor's office), intergovernmental affairs coordinator, human resources operations manager, director of budget and analysis, deputy director of general Services; Coastal/Environmental Policy Consultant SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption. Submitted by: Approved as to form by: Marcia Raskin Human Resources Director ~UA /jdP An core I Attorney J:attomey/OrdinanceJClassification 2005 ordinance Consultant to Mayor 3-2 COUNCIL AGENDA STATEMENT Item Meeting Date 10/04/05 , ! Lf- ITEM TITLE: Resolution Approving a Real Property Purchase Agreement with Maria Luisa Fonti, Trustee, et ai, for the Acquisition of a Portion of the Property commonly known as III Country Club Drive (APN 573-410-04) in Fee; Authorizing the Mayor to execute the Agreement on behalf of the City; and Authorizing staff to execute all other documents necessary to complete the transaction. SUBMITTED BY: City Engineer ~ REVIEWED BY: City Manager f ~ pR (4/5ths Vote: Yes: _ No: l) The City of Chula Vista is considering entering into an agreement to purchase a portion of III Country Club Drive, in fee, from the owners. A copy of the proposed agreement is attached hereto as Exhibit "A". The majority of this land is within the Telegraph Canyon Creek and is unusable to the property owner. The remainder to the west of the channel is severed from the owner's property. RECOMMENDATION: That the Council Adopt the Resolution Approving Real Property Purchase Agreement with Maria Luisa Fonti, Trustee, et al., and authorizing staff to execute all documents necessary to complete the transaction. BOARDS/COMMISSIONS RECOMMENDATIONS: None. DISCUSSION: The land under consideration here is a portion of III Country Club Drive (APN 573-410-04). It is located near the intersection of Country Club Drive and First Avenue. This property is currently improved with a single-family residence on the easterly portion of the property. Immediately to the west of the house is a fence separating the residence from the Telegraph Canyon Creek. The channel is approximately 50 feet wide, open and in a natural state in this location. On the other side of the channel the remaining property is unimproved and prone to weed and trash accumulation. The City has an existing sewer easement through this portion of the property as well. Behind the subject property, on the other side of the channel, is St. Johns Church and School. This facility currently has only one point of ingress and egress. This is located on Kearney Street south of First Avenue. The Church does have a small access point on Country Club Drive but it is only large enough to accommodate access for trash disposal services. Over the past year staff, at the request of the Church and area residences, has looked at various ways to alleviate traffic congestion in the surrounding neighborhood when the school is in session. The problem is particularly acute when students are dropped off or picked up. Staff and the representatives of the Church agreed that a second access point from Country Club Drive would allow for better 4-1 Page 2, Item Meeting Date 10/04/05 4 circulation in the area as well as moving much of the auto "stacking" off City streets and onto church property. The Church and the owners of the subject property have had discussions in the past regarding the purchase of enough land to construct a driveway adjacent to Country Club Drive. These discussions were not successful. Because the City would probably need to purchase the all or most of the subject property at some point for drainage improvements, it was decided to approach the owner about a City purchase. The resident owner, Ms. Maria Luisa Fonti was contacted and was enthusiastic about selling the westerly portion of the property to the City. She indicated that it was difficult for her to keep the area clean and free of weeds. She further indicated that she no longer wished to pay taxes on a piece of land that she could not use. A staff estimate of the value of the parcel to be acquired was made, taking into account comparable land values in the area, the existing use restrictions created by the channel, the sewer easement and its irregular shape. Based upon this analysis, an offer in the amount of$22,325.00 was made to Ms. Fonti for the 3,149 square foot parcel. This offer was accepted and the property owners have executed the attached Real Property Agreement. This Agreement is subject to the approval of the City Council, which is sought by this item. Upon the close of escrow, Staff can designate that portion of the acquired property needed for drainage improvements and can process an encroachment permit in favor ofSt. Johns Church for access over a portion of the remaining land. This encroachment permit would be conditioned upon City approval of plans for the proposed driveway. A map showing the proposed configuration is attached as Exhibit "B" ENVIRONMENTAL DETERMINATION 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, once a project has been defined, environmental review will be required and a CEQA determination completed prior to commencing any development activities on the subject property. FISCAL IMPACT: Approval of this action will result in a one-time cost of $22,325 for the purchase of the parcel. This amount can be absorbed within the existing budget of the Telegraph Canyon Channel Project (DR-l 18). Attachment: Exhibit "A": Real Property Purchase Agreement Exhibit "B": Exhibit Map 4-2 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 Dated: Real Prope Purc ase Agreement And Escrow Instructions between the City of Chula Vista and Maria Luisa G. Fonti, Trustee 4-3 ~~ Escrow Company Escrow No. Title Order No. REAL PROPERTY PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS THIS REAL PROPERTY PURCHASE AGREEMENT ("Agreement") is entered into this_ day of 2005, by and between THE CITY OF CHULA VISTA, a charter city organized under the laws of the State of California ("City"), and MARIA LUISA G. FONTI TRUSTEE UNDER DEED OF TRUST DATED MAY 2,1996 and PAOLA H. CANADAY who acquired title as PAOLA HISAKO FUJI, hereinafter collectively referred to as "Seller", (collectively "Parties") for purchase by City of the hereinafter described real property. WHEREAS, City has offered to buy and Seller has agreed to sell to City a portion of Seller's real property, commonly known as 111 Country Club Dive located in the City of Chula Vista, County of San Diego, State of California, currently identified as San Diego County Assessors Parcel No. 573-410-04; and WHEREAS, City desires to purchase fee title in a portion of said real property as more particularly described in a Legal Description, designated as Exhibit "A" and as more particularly shown on a Map thereof designated as Exhibit "B," both attached hereto and by reference made a part hereof (the "Property"); and NOW THEREFORE, the Parties agree as follows: 1. AGREEMENT TO SELL AND PURCHASE City agrees to purchase from Seller and Seller agrees to sell to City, upon the terms and for the consideration set forth in this Agreement, fee title in and to the Property, as described herein City's agreement to purchase the property is contingent upon approval of the City Council. The parties hereto agree that the Property shall be conveyed in fee to City clear of all encumbrances except easements, assessments and Districts of record. 2. PURCHASE PRICE The total purchase price payable on the terms set forth herein shall be the sum of TWENTY TWO THOUSAND THREE HUNDRED TWENTY FIVE DOLLARS ($22,325.00) ("Purchase Price") to be paid in the manner set forth below. 3. ESCROW AND TITLE INSURANCE City agrees to open an escrow in accordance with this Agreement at Commonwealth Land Title Company, located at 750 "B" Street, Suite 2350, San Diego, and Ca. and deposit a fully executed copy of this Agreement no later than November 1,2005. City agrees to pay all usual and reasonable fees, charges C:\Documents and Settings\rickry\My Documents\Misc ROW\Stjohns access\Fonti purchase agr.fnI.docLast printed 09/21/2005 4:15 PM 4-4 and costs which arise in the escrow, upon demand of Escrow Holder. Seller shall not be liable for any costs or fees in connection with this escrow. This Agreement constitutes the joint escrow instructions of the Parties, and Escrow Holder to whom these instructions are delivered is hereby empowered to act under this Agreement. The Parties hereto agree to do all acts reasonably necessary to close escrow as soon as possible, but in all events no later than sixty days (60) days after a fully executed copy of this Agreement, is deposited into escrow. The terms "closing" and/or "close of escrow" as used herein shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance oftitle insurance pursuant to this Agreement. City shall, upon receipt of a statement of estimated closing cost trom escrow holder, deposit the Purchase Price together additional funds as set forth in said statement. Said deposit shall be made in accordance with the wire transfer instructions of the escrow holder and shall be made in sufficient time to allow for the timely close of escrow as set forth herein. Seller shall execute and deliver into escrow an executed Grant Deed conveying fee title to the Property to City in sufficient time to allow for the timely close of escrow as set forth herein. Seller and City agree to deposit with Escrow Holder any additional instruments as may be reasonable and necessary to complete this transaction in a timely manner as set forth herein. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by wire transfer trom such account, unless Seller requests another form of payment. If City requests a policy oftitle insurance when Escrow Holder holds for Seller the Grant Deed in favor of City, executed and acknowledged by Seller covering the Property, Escrow Holder shall cause to be issued and delivered to City at City's cost, a preliminary title report for City review. City shall have five days to review and approved said preliminary report. After City approval, escrow holder shall cause to be issued, as of the closing date, a CL T A standard coverage policy of title insurance ("Title Policy"), issued by Commonwealth Land Title, with liability in the amount of the Purchase Price, covering the Property and showing title vesting in City, tree of all recorded and unrecorded, liens, encumbrances, leases and taxes except easements, assessments and Districts of record, and: (a) All non-delinquent general and special real property taxes for the current fiscal year; (b) The standard printed exceptions and exclusions contained in the CL T A or AL T A fonn policy; (c) Public and Quasi-public utility, public alley, public street easements and rights of way of record; and Escrow Holder is authorized to and shall disburse funds and deliver the fully executed Grant Deed when City and Seller have fulfilled all conditions of the escrow and purchase agreement. C:\Documents and Settings\rickry\1vly Documents\rv1isc ROW\Stjohns access\Fonti purchase agr.fnl.docLast printed 09/21/2005 4:15 PM 4-5 4. RESPONSffiILITY OF ESCROW HOLDER. Responsibility of Escrow Holder under this Agreement is expressly limited to paragraph 3 herein and to its liability under any policy of title insurance issued in regard to this transaction. 5. CONVEYANCE OF INTEREST. Seller agrees to convey by Grant Deed to City, title in and to said Property as contemplated by this Agreement. 6. DEPOSIT OF FUNDS. City agrees to deposit the purchase price of the Property as contemplated by this Agreement. 7. REAL ESTATE COMMISSIONS. No brokers or finders have been employed for a fee or are entitled to a commission or compensation in connection with this transaction. Each party represents to the other that it has not had any contact, dealings or communications with a broker or finder in connection with the transaction contemplated by the Agreement or any other person who can claim a right to a commission or finder's fee. If any other broker, finder or other person makes a claim for commissions or finder's fee based upon any contract, dealing or communication with a party, then such party shall indemnifY, defend and hold the other party harmless from and against all damages, claims, losses and expenses, including attorneys' fees, arising out of the broker's, finder's or other person's claim. 8. TIME IS OF THE ESSENCE. Time is of the essence of each and every term, condition, obligation and provision of this Agreement. 9. COUNTERP ARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Facsimile signatures are acceptable provided they are followed by hard copy originals within five days. 10. SEVERABILITY. If any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts of this Agreement shall remain in full force and effect, as fully as though such invalid, illegal or unenforceable portion had never been part of this Agreement. II. GOVERNING LAW. This Agreement is executed and delivered in the State of California and shall be construed and enforced in accordance with, and governed by, the laws of the State ofCalifomia. 12. CAPACITY OF PARTIES. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity to enter into this Agreement, and that all actions have been taken so as to enable it to enter into this Agreement. C:\Documents and Settings\rickry\My Documents\Misc ROW\Stjohns access\Fonti purchase agr.fn1.docLast printed 09/21/2005 4: 15 PM 4-6 IN WITNESS WHEREOF, the duly authorized representative of each party has executed this Agreement. Dated: ,19_ City of Chula Vista By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Seller: Dated: By: MARIA LUISA G. FONT! , Trustee Under Deed Of Trust Dated May 2, 1996 Dated: By: P AOLA H. CANADAY Signed By: MARIA LUISA G. FONT!, Attorney-In Fact For PAOLA H. CANADAY C:\Documents and Settings\rickry\My Documents\Misc ROW\Stjohns access\Fonti purchase agr.fn1.docLast printed 09/2 t/2005 4: 15 PM 4-7 ... ... 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QI ~ 'Ii ~ &I ~ .~ f! ~ St5 J1 Ui -< :f ~I l;; '5J~!1. ~. 4Ii.~~ !it: .a1;1~ CII,d l:h~", ~(/) ;t;1g> 00) ~ .!I~'~ ~:!: 11= ';i.!i 01") I ..... ... ...~ ~ 0 1 .!. ~ ..c:I ... , ; RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REAL PROPERTY PURCHASE AGREEMENT WITH MARlA LUISA FONTI, TRUSTEE, ET AL., FOR THE ACQUISITION OF A PORTION OF THE PROPERTY COMMONLY KNOWN AS 111 COUNTRY CLUB DRIVE (APN 573-410-04) IN FEE; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND AUTHORIZING STAFF TO EXECUTE ALL OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION. WHEREAS Maria Luisa Fonti, Trustee, and Paola H. Canaday (collectively, the "Owners"), are the owners of the property commonly known as 111 Country Club Drive (APN 573-410-04) located in the City ofChula Vista (the "Property"); and WHEREAS, the Telegraph Canyon Channel bisects the Property, leaving the Westerly portion unusable to the Owners; and WHEARAS, the City intends to use a portion of the affected Property to construct drainage improvements at a future date for flood control purposes; and WHEREAS, The remaining portion of the Property could be utilized to assist in alleviating traffic congestion in the surrounding neighborhood; and WHEREAS, the Owners have offered to sell the Property to the City at this time; and WHEREAS, the City and the Owners have agreed upon a fair and reasonable price for the Property; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defmed under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060 (c)(3) ofthe State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, once a proj eet has been defined, environmental review will be required and a CEQA determination completed prior to commencing any development activities on the subject property. 4-9 NOW, THEREFORE, the City Council of the City Of Chula Vista does resolve that: I. The Real Property Purchase Agreement with Maria Luisa Fonti, Trustee, et al, for the Acquisition of a portion of the property commonly known as III Country Club Drive (APN 573-410-04) in Fee is approved. 2. The Mayor is authorized to execute the Agreement on behalf of the City. 3. City Staff is authorized to execute all other documents necessary to complete the transaction. Presented by Approved as to form by Alex AI-Agha City Engineer 4-10 COUNCIL AGENDA STATEMENT Item Meeting Date 6 10/04/05 ITEM TITLE: Resolution accepting bids and awarding a contract for the Traffic Signal Installation at East Naples Street and Oleander Avenue (TF-324), to T & M Electric dba Perry Electric SUBMITTED BY: City Engineer &J>< City Manager 11' t,,- F 'K (4/Sths Vote: Yes _ NolL) REVIEWED BY: The traffic signal installation at the subj ect intersection was approved and budgeted as part of the FY 2005 Capital Improvement Programs (CIP). The scope of the project includes the installation of a fully actuated traffic signal system and other necessary work to complete the project. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS: Not applicable. DISCUSSION: The intersection at East Naples Street and Oleander Avenue is a four-way intersection situated in the eastern part ofChula Vista. This intersection is adjacent to the Greg Rogers Elementary School (located on the southeast corner) and Bay View Orthodox Presbyterian Church (on the northeast corner). Bus stops are located at the corner for each approach with existing red curb markings. The rest ofthe proj ect area has frontage consisting of single-family residential homes. The scope of work is summarized in Attachment 1. During the design phase of the project, the Chula Vista Transit bus stops needed to be relocated away from the intersection. The relocation has been completed and will prevent the bus from blocking a through lane during a green signal indication. A letter dated September 29,2004 was mailed to residents within the project area to inform them of the traffic signal installation project. Staff also mentioned that the project would include street marking modifications, red curb installation, resulting to the removal of parking spaces. On August 17, 2005 bids were received from the following contractors: '.....'....'''..'...........-.....---.--.-----------....-.--..~-_...-....._.__._"..."'~..-..._-......-~.-.-...~."-"""-""'.1 I Contractor ! Bid Amount ! ,____..___._._. __m_~._______,______._._______.___....,_._.__.____+__-_ ~______._____ _ ______1 ) T & M Electric dba Perry Electric (Santee, CA) I $134,270 !i [ , " , . . . , " " --- .-- --, !.i-i~ko~.EI;;c-tri~:-fu~~~~rated (EI c~jon-,-CA)._--.-----T-----n--.-$i52,7~5~~_____.. J f---n -.-----.----..-----------..--....------..----.------. -.-.-.--------------.----,--------------------- -- .. .... ... 'I ii HMS Construction, Incorporated (San Marcos, CA)! $155,649 II "'m"'ro""mo'_"""~~=~m~=".......m~.._~~"""=..==~=_="_"""__,,.,.~~==.""==""m.._"~'"m'="'"'''''_~='".!..m.m=,~,~==~_ru,~~=.~'~~m~~.,...,~~="=_,.,..._"',.".",,.'"'''=m''''~'''''m'. The low bid, submitted by T & M Electric is below the engineer's estimate of$141,860 by $7,590 (5.4 %). T & M Electric has recently installed a traffic signal project at the intersection of Bonita Vista Middle School driveway and Otay Lakes Road in the City with satisfactory performance. 5-1 Page 2, Item Meeting Date 10/04/05 s Disclosure Statement: The Contractor's Disclosure Statement is provided as Attachment 2. 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 1 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus, no further environmental review is necessary. Conflict of Interest: None of the Council members owns a property within 500' of the intersection of East Naples Street and Oleander Avenue. FUNDS REQillRED FOR CONSTRUCTION , I 1-$134,270 I A. Contract Amount (T & M Electric dba Perry Electric) B. 10% Contingencies $ 13,4271 C. Staff Costs; Design; Inspection $ 32,303 :1 !I _'TOTAL FUNDS REQillRED FOR CONSTRUCTION i $ 180,000 i _....._........................ ........, _m ----..................,......-........._................-........_..'''''''''''..'i - , . ~ FUNDS A V AlLABLE FOR CONSTRUCTION ,i ~ A. Traffic Signal Fund I $ 180,000 :1 L TOT ~ FU~~~...~~!:;.\B~E FO~ C2~S!.RU_<;~!g_~_.__.____.__"..J..~_._~0,00Q.j FISCAL IMPACT: There is no impact to the General Fund for construction. Construction will be entirely funded !Tom Traffic Signal funds. Upon completion of construction, normal annual signal energy and maintenance costs are estimated to be $4,500 for the intersection. Attachments: Attachment 1: Scope of Work Summary for projects TF-324 Attachment 2: Contractor's Disclosure Statement J: IEngineerIA GENDA ICAS200511 0-04-05ITF324A I 13.m/em.doe 5-2 Attachment 1 Scope of Work Summary Proiects TF-324, Furnish and Install: . New Traffic Signal Standards on New Foundations . Mast Arms . Signal Light Emitting Diode (LED) Indications . Luminaires . Pedestrian Push Button . Video Detection System . Pull Boxes . Internally Illuminated Street Name Signs (IISNS) . Signs . Emergency Vehicle Pre-Emption (EVPE) System . Conduits . Wiring . Signal Controller and Cabinet . Meter Pedestal . Uninterruptible Power Supply (UPS) Unit . Striping . Traffic Control Other Work: . Grinding/Sandblasting and Resurfacing Pavement on Conflicting Striping and Legends . Removal and Salvage of Existing Street Light Mast Arms, Luminaires, Existing Signs . Protection, Restoration, Removal and Disposal of Existing Conflicting Improvements . Construction of all Appurtenances and other Miscellaneous Work Necessary to make the Traffic Signal Systems Complete and Operational. 5-3 ATTACHMENT 2. 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 a11 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 f0110wing information must be disclosed: I. List the names of a11 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. T~ ~'L., INc.. .l~... ~~ eer..71E:'tG 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. '"\...ot> PteRr'<f ~--'S1,.1.,eJ\ I -HV~~~'. ~CC.~ 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. N(A 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. t-It>~ 5. Has any person* associated with this contract had any financial dealings with an official** ofJ;he City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No~ 15 \ \Citywide2000\home\Engi neer\TRAFFl CIA CAD Dwgs\CI P P ROJECTS\ TF324\TF - 324Specsfinal.doc 5-4 If Yes, briefly describe the nature of the financial mterest 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? 7. Have you provided more than $340 (or an item of equivalent value) to an official*' of the City ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No ,/' If Yes, which official** and what was the nature of item provided? Date: g-I.>- 0 s-' Si ature of Contractor! Ap icant ~'"\ f'~ I t;e=. I7JL1ZS. Print or type name of Contractor! Applicant * Person is defmed as: any mdividual, firm, co-partnership, joint venture, association, social c1ub, 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 inc1udes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 16 I ICi tywide2000lhomelEngineerlTRAFFI CIA CAD DwgslCJP P ROJECTSI TF3241TF -3 24SpecsfinaI.doc 5-5 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF EAST NAPLES STREET AND OLEANDER AVENUE (TF-324), TO T & M ELECTRIC DBA PERRY ELECTRIC WHEREAS, on August 17, 2005, the City Engineer received sealed bids for the Installation of East Naples Street and Oleander Avenue (TF-324); and WHEREAS, three contractors submitted bids to perform the work as follows: II Contractor ! Bid Amount I ,_.___._..._..__________________..______.....____u._._.___._,..__ ..-.---.~----------'--..--.--r_----.--- .---------------~-ij 'I T & M Electric, (Santee, CA) '$134,270: ~--- .---.--.----;--.--..---.--.....-.-..--...-------:---.-.-----_._..._'---_._--~_._---------_. -'-~., I Lekos Electnc, Incorporated (El Cajon, CA) I $152,745 , L~~_S:onstr:uctioI1:.,m.:~~ ~arcos.s!>-) ___,._,__,.,_L.~,_,_,__.~~5,64.?_______,-' WHEREAS, staff has reviewed the low bid submittals and recommends awarding the contract to T & M Electric dba Perry Electric in the amount of $134,270; and WHEREAS, T & M Electric dba Perry Electric has recently installed a traffic signal project in the City with satisfactory performance; and WHEREAS, sufficient funds are available in the Traffic Signal Fund for the contract; 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 15303 of the State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, be it resolved the City Council of the City of Chula Vista does hereby accept bids and award the contract for the Traffic Signal Installation at the Intersection of East Naples Street and Oleander Avenue (TF-324) in the amount of $134,270 to T & M Electric dba Perry Electric. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by Sohaib Al-Agha City Engineer 5-6 COUNCIL AGENDA STATEMENT Item: Meeting Date: (/ 10/04/05 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $6,000 AND APPROPRIATING SAID DONATED FUNDS SUBMITTED BY: Fire Chief t)j'.,,(J City Manager -;(~ ]7~/5ths Vote: YeslLNo _> REVIEWED BY: The Fire Department has received donations in the amount of $6,000 from various community businesses. These donations were made to the Fire Department in support of the First Annual Awards and Recognition Ceremony that is scheduled to be held on October 28, 2005. RECOMMENDATION: That Council adopts the resolution accepting the donations in the amount of $6,000 and amending the FY06 Fire Department budget to appropriate said donated funds to services and supplies. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Fire Department has received donations in the amount of $6,000 from various community businesses that include: Dole & Sons Insurance, Erickson-Hall, North Island Federal Credit Union, The Otay Ranch Company, Patti & Jeff McKelvey, Rudolph and Sletton, and San Diego Gas and Electric. On October 28, 2005 the Fire Department will hold its First Annual Awards and Recognition Ceremony to honor and recognize the exemplary service of its department members and citizens. The donations will be used to offset the costs of hosting this event. FISCAL IMPACT: The total amount received is $6,000. There are no matching funds required or General Fund impact. 6-1 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $6,000 AND APPROPRIATING SAID DONA TED FUNDS WHEREAS, The Fire Department received donations in the amount of $6,000 from various community businesses; and, WHEREAS, The Fire Department will be hosting a ceremony honoring the exemplary service of its members and citizens; and, WHEREAS, The ceremony is scheduled to take place October 28, 2005; and, WHEREAS, The Fire Department appreciates the generosity and support of Dole & Sons Insurance, Erickson-Hall, North Island Federal Credit Union, The Otay Ranch Company, Patti & Jeff McKelvey, Rudolph and Sletton, and San Diego Gas and Electric for their donations to help host this event; and, WHEREAS, The donations in the amount of $6,000 will be used to offset the costs associated with hosting this event. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby accept donations in the amount of $6,000 from various City businesses; and appropriates said donated funds to the Fire Department FY 2006 services and supplies budget in order to offset the costs of the Fire Department's First Annual Awards and Recognition Ceremony scheduled to be held on October 28,2005. Approved as to form by: \ .'-- ~" Douglas A. Perry Fire Chief H:/shared/attorney/fire - donations $6,000 6-2 COUNCIL AGENDA STATEMENT 'I Item: / Meeting Date: 10/04/05 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CI1Y OF CHULA VISTA RATIFYING THE AGREEMENT WITH STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION FOR MUTUAL AID FIRE PROTECTION AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT SUBMITTED BY: Fire Chief '"D jI<. Q REVIEWED BY: . /i yR City Manager ;;1 r (4/5ths Vote: Yes_No X_I The Fire Department is a participant in Automatic Aid Agreements with other agencies within San Diego County. The Department provides staff and equipment resources to these agencies in an emergency and/or reimbursement basis. Staff is recommending that Council ratify the agreement with the Department of Forestry and Fire Protection for mutual aid. RECOMMENDATION: That Council ratifying the agreement for mutual aid fire protection, and authorize the mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Staff is recommending that the City Council ratify the mutual aid agreement with the California Department of Forestry and Fire Protection. This agreement enables the City and the Department of Forestry to assist each other in the event of a major fire. Both agencies mutually agree to furnish fire protection personnel and equipment to suppress a fire beyond the control of either of the agencies. Entering into this mutual Aid agreement would not impact the local jurisdiction negatively because neither party is required to reduce it's resources to the detriment of its normal fire protection capability. The remainder of the agreement provides and establishes specific protocols for smooth operation during an incident. The agreement is for the duration of five years unless terminated by either party with a fifteen-day notice. The Fire Department participates in mutual aid agreements with various agencies. The Cedar Fire is one of the most recent examples of agencies participating in mutual aid in an effort to suppress a fire. 7-1 Ratification of the agreement will also enable the Fire Department to receive reimbursement for staff and resources when available and appropriate. FISCAL IMPACT: There is no negative impact to the General Fund. Attachment A Agreement for Mutual Aid Fire Protection 7-2 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE AGREEMENT WITH STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION FOR MUTUAL AID FIRE PROTECTION AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, The Fire department is a participant in Automatic Aid Agreements with other agencies; and, WHEREAS, Staff is recommending that the City Council ratify the Mutual Aid Agreement with the California Department of Forestry and Fire Protection; and, WHEREAS, This agreement enables the City and the Department of Forestry to assist each other in the event of a major fue; and, WHEREAS, Both agencies mutually agree to furnish fue protection personnel and equipment to suppress a fue beyond the control of either of the agencies; and, WHEREAS, Entering into this Mutual Aid Agreement would not impact the local jurisdiction negatively because neither party is required to reduce it's resources to the detriment of its normal fire protection capability; and, WHEREAS, The remainder of the agreement provides and establishes specific protocols for smooth operation of fire services during an incident. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby ratify the Agreement with State of California, Department of Forestry and Fire Protection for Mutual Aid Fire Protection and authorize the Mayor to execute said Agreement. Presented by: Approved as to form by: .-=-), ~ ouglas A. Perry " ~ Fire Chief ~'j Ann Moore City Attorney H:/sharedlattomey/fire - Agreement CA Dept of Forestry 7-3 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 -y\~ ~ /Jh) ~ . Ann Moo e lfv' City Attorney d: d-OD{ The City of hula Vista ratifying the Agreement with State of Cali fomi a, Department of Forestry and Fire Protection for Mutual Aid Fire Protection Dated: 7-4 Attachment A AGREEMENT FOR MUTUAL AID FIRE PROTECTION THIS AGREEMENT, made this day of ,20_, by and between the State of California, hereinafter called STATE, and hereinafter called LOCAL AGENCY, through its duly authorized officers. WIT N E SSE T H: WHEREAS: 1. maintains and operates a fire protection organization in the area generally known as ; and 2. CDF maintains and operates a fire protection organization for the purpose of providing basic wildland fire protection to State Responsibility Area lands which are adjacent or proximate to the area protected by LOCAL AGENCY; and 3. It is the desire of the parties hereto to render aid, each to the other, to combat the effect of fire, when such aid is necessary as herein set forth; and 4. The parties hereto desire to affect the purpose of this agreement pursuant to the provisions of the "Joint Exercise of Power Act" (Gov. Code Section 6500-6547) and Health and Safety Code Section 13050. NOW THEREFORE, the parties hereto mutually agree as follows: 1. To furnish fire protection personnel and equipment and to render such fire protection services to each other as may be necessary to suppress fire of a size beyond the control of either of the parties hereto acting without the assistance of the other and control of which therefore requires assistance from the other. 2. Such mutual aid shall be provided within LOCAL AGENCY jurisdiction, provided, however, that neither party shall be required to reduce its own fire protection resources, personnel, services, and facilities to the detriment of its normal fire protection capability. 3. No response to a mutual aid request provided for in this agreement will be made by the parties hereto unless such request is received through the established communication channels common to each party and made by a responsible fire official of the party requesting such aid. Page 1 of 2 Rev. 1/18/05 7-5 4. That any mutual aid extended under this agreement will be extended with the express understanding that the fire offiCial in charge (in whose jurisdiction a fire requiring mutual aid occurs) shall remain in charge at such incident including the direction of personnel and equipment provided through the operation of this mutual aid agreement. 5. Except as may be provided by separate agreement between the parties hereto, the assurance of mutual aid set forth herein shall constitute the sole consideration for the performance hereof and neither party shall be obligated to reimburse the other for any action taken or aid rendered hereunder, or for any use of material, damage to equipment, or liability incurred which may occur in the course of rendering the firefighting assistance herein provided for. 6. That certain specialized types of fire protection resources may not be made available subject to the provisions of this agreement, and that such resources will be available only on a reimbursement basis. 7. This agreement shall remain infull force and effect for a period of five (5) years from the date hereinabove written unless sooner terminated by either of the parties giving to the other fifteen (15) days written notice of such termination. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE EXECUTED AS OF THE DAY AND YEAR FIRST HEREINABOVE WRITTEN. STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION By: By: (Signatu re) (Signature) (Printed Name) (Printed Name) (Title) (Title) (Date) (Date) Page 2 of 2 Rev. 1/18/05 7-6 COUNCIL AGENDA STATEMENT Item: S Meeting Date: 10/04/05 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $118,173 IN UNANTICIPATED GRANT FUNDS FROM THE FY 2005 FIREFIGHTER ASSISTANCE GRANT AND AMENDING THE FY 06 FIRE DEPARTMENT BUDGET TO APPROPRIATE $147,716 WHICH INCLUDES A LOCAL MATCH OF $29,543 FROM THE GENERAL FUND RESOLUTION OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND AWARDING THE PURCHASING AGREEMENT TO THE SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS CENTER FOR DEVELOPMENT OF A COMPREHENSIVE WELLNESS-FITNESS PROGRAM FOR CITY OF CHULA VISTA FIREFIGHTERS. SUBMITTED BY: Fire ChiefD~e City Manager f ~ rR. (4/5ths Vote: YeslLNo -> REVIEWED BY: The Fire Department has been awarded a federal grant in the amount of $118,173 from the FY 2005 Firefighter Assistance Grant. The grant will be used to develop a comprehensive well ness-fitness program for the City's firefighters. This program will be administered through services offered by the San Diego Firefighters Regional Wellness Center (SDFF-RWC). RECOMMENDATION: That Council accept $118,173 in unanticipated grant funds from the FY 2005 Firefighter Assistance Grant and amend the FY 2006 Fire Department budget to appropriate $147,716 including a local match of $29,543 from the General Fund. The funds will be appropriated in the following manner: $16,704 to personnel services and $131,012 to services and supplies. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Fire Department has been awarded federal funding in the amount of $118,173 from the FY 2005 Firefighter Assistance Grant. The grant 8-1 will be used to develop a comprehensive wellness-fitness program for the City's. firefighters. The federal grant will pay $118,173 of the program's cost and requires a 20% local cash match of $29,543 to be paid for by the General Fund. This program will be administered through services offered by the San Diego Firefighters Regional Wellness Center (SDFF-RWC). This investment will help the Fire Department increase safety and reduce firefighter injury rates as outlined in the Fire Department's Strategic Business Plan adopted by Council in concept on September 7,2004. Goal NO.5 - Traininq By FY'07-08, the Fire Department will have defined training priorities and have the facilities, equipment and technology for Fire Department training that: · Is delivered with minimal interruption to personnel and resource availability o Decrease % of time fire resources are out of service · Meets/exceeds Local, State and Federal established standards o % of all staff who meet and exceed standards · Increases safety while decreases injury rate The health and financial benefits of comprehensive well ness-fitness programs are extensive. Staff anticipates this program will have substantial benefits for wellness and fitness of the Chula Vista Fire Department firefighters and the safety of our community. This program will ensure that Chula Vista Fire Department firefighters are physically able to safely carry out their work responsibilities. The proposed program will help firefighters detect potentially catastrophic illnesses or high-risk health and fitness issues early. Follow up consultations will help reduce the number, severity, and frequency of firefighter illnesses, injuries, and fatalities. The potential decrease in injuries will lead to higher levels of service as well as a safer community for Chula Vista. It is anticipated that the program will also have numerous financial benefits, such as a decreased number of workers' compensation claims and associated costs, lower disability retirements, and lower over-time costs from sick-time usage. Sole Source Award Staff is recommending the formal consultant selection process be waived and that a purchasing agreement be awarded to the San Diego Firefighters Regional Wellness Center for development of a comprehensive well ness-fitness program. The SDFF-RWC is the only center offering a comprehensive wellness-fitness program certified by the Wellness Fitness Initiative (WFI). There is no known agency in San Diego County that has the capacity to conduct all five components of the WFI at the same facility. These five components include: fitness evaluation, medical evaluation, rehabilitation, behavioral health and data collection. The City would have to acquire these services on a fragmented basis from two or more agencies in order to achieve the desired results if this project 8-2 were to 90 out to bid. The SDFF-RWC has staff with a wide range of expertise in firefighter wellness and fitness and familiarity with the physical demands of firefighters. The SDFF-RWC team includes a wellness officer, physicians, physician assistants, a dietician/nutritionist, an athletic trainer, exercise physiologists, administrative personnel, and peer fitness trainers. The City will benefit from the economies of scale established by the SDFF-RWC and further benefit from foregoing the start-up and operating costs as well as saving on the developmental time required to initiate its own wellness program. The SDFF- RWC offers interoperable data collection and research services. A Ph.D. research supervisor, a full-time program analyst, a database specialist, and a research assistant to staff the center. Having access to the SDFF-RWC data management system will allow networking with other departments, creating an environment that permits firefighters' wellness-fitness data to be compared among departments. SOFF-RWC Staff explored several options including establishing our own well ness-fitness program for the City of Chula Vista. One of the most cost effective options was to enter into a collaborate partnership with the San Diego Firefighters Regional Wellness Center (SDFF-RWC) and apply for federal assistance. The SDFF- RWC was established as a result of a 2003 Firefighter's Assistance Grant and has extended their services to Fire Department's throughout the County. The SDFF-RWC currently services nearly 1,000 San Diego City firefighters and provides service to other cities in the County. The services offered include detailed periodic medical and fitness evaluations and related follow-up. The main focus of this program is to reduce work related injury and increase firefighter safety. Based on the specific findings of the annual evaluation, follow-up consultations with appropriate wellness specialists (e.9., exercise physiologist, athletic trainer, or nutritionist) will be conducted for each firefighter at the SDFF-RWC. The follow-up consultation will include a personal health profile, exercise prescriptions for individualized fitness training and injury prevention programs, and nutritional/dietary guidance. Each firefighter will also have access to the group fitness, nutrition, and injury prevention classes offered by the SDFF-RWC. The SDFF-RWC is located in Central San Diego County at 6699 Alvarado Road, Suite 101, San Diego, CA. The SDFF-RWC is a 7,500 square feet medical and fitness center. It is equipped with State of the Art equipment for well ness-fitness evaluations (treadmill, electrocardiogram, x-ray facility, strength and flexibility testing equipment, medical exam rooms and testing equipment). All evaluations are performed on site by professional staff. Conference rooms are also available for behavioral counseling sessions and injury prevention education classes. 8-3 Peer Fitness Trainers The grant also provides funds for certification of five Chula Vista Peer Fitness Trainers (PFT) and overtime to train and perform their duties. The Department's Peer Fitness Trainer will attend a one-week American Council on Exercise training seminar. At completion, the firefighters will be required to take a certification exam. Peer Fitness Trainers will help ensure compliance with the health and fitness recommendations made at the annual evaluation and help deliver customized fitness and injury prevention programs for uniformed personnel. This program component will enhance the Fire Department's ability to continue to provide fitness training after the grant has expired. Grant Reauirements The federal grant will pay $118,173 of the program's cost and requires a 20% local cash match of $29,543 to be paid for by the General Fund. The grant funds including local match must be expended within one-year of the award date. Additionally, the grant requires the Fire Department perform periodic program reporting. FISCAL IMPACT: The net impact to the General Fund is $29,543 in fiscal year 2006. Staff is recommending funds be appropriated from the available balance of the General Fund. Acceptance of this grant may result in cost savings associated with lower firefighter injuries. 8-4 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $118,173 IN UNANTICIPATED GRANT FUNDS FROM THE FY 2005 FIREFIGHTER ASSISTANCE GRANT AND AMENDING THE FY 06 FIRE DEPARTMENT BUDGET TO APPROPRIATE $147,716 WHICH INCLUDES A LOCAL MATCH OF $29,543 FROM THE GENERAL FUND WHEREAS, The Fire Department has been awarded a federal grant in the amount of $118, 173 from the FY 2005 Firefighter Assistance Grant; and, WHEREAS, the funds will be used to develop a comprehensive wellness- fitness program for the City's firefighters; and, WHEREAS, This program will be administered through services offered by the San Diego Firefighters Regional Wellness Center (SDFF-RWC); and, WHEREAS, The federal grant will pay $118,173 of the program's cost and requires a 20% local cash match of $29,543 to be paid for by the General Fund; and, WHEREAS, This investment will help the Fire Department increase safety and reduce firefighter injury rates as outlined in the Fire Department's Strategic Business Plan adopted by Council in concept on September 7,2004; and, WHEREAS, The health and financial benefits of comprehensive wellness- fitness programs are extensive; and, WHEREAS, The proposed program will help firefighters detect potentially catastrophic illnesses or high-risk health and fitness issues early; and, WHEREAS, Follow up consultations will help reduce the number, severity, and frequency of firefighter illnesses, injuries, and fatalities; and, NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby accept $118,173 in unanticipated grant funds from the FY 2005 Firefighter Assistance Grant and amending the FY 06 Fire Department budget to appropriate $147,716, which includes a local match of $29,543 from the general fund. The funds will be appropriated in the following manner: $16,704 to personnel services and $131,012 to services and supplies. resented by: Ap - ouglas A. P Fire Chief H:/shared/attomey/Fire-Wellness Grant 8-5 . RESOLUTION NO. 2005- RESOLUTION OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND AWARDING THE PURCHASING AGREEMENT TO THE SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS CENTER FOR DEVELOPMENT OF A COMPREHENSIVE WELLNESS-FITNESS PROGRAM FOR CITY OF CHULA VISTA FIREFIGHTERS WHEREAS, The Fire Department has been awarded a federal grant in the amount of $118, 173 from the FY 2005 Firefighter Assistance Grant; and, WHEREAS, the funds will be used to develop a comprehensive wellness- fitness program for the City's firefighters; and, WHEREAS, This program will be administered through services offered by the San Diego Firefighters Regional Wellness Center (SDFF-RWC); and, WHEREAS, The SDFF-RWC is the only center offering a comprehensive wellness-fitness program certified by the Wellness Fitness Initiative; and, WHEREAS, There is no known agency in San Diego County that has the capacity to conduct all five components of the WFI at the same facility; and, WHEREAS, The SDFF-RWC has staff with a wide range of expertise in firefighter wellness and fitness and familiarity with the physical demands of firefighters; and, WHEREAS, The SDFF-RWC team includes a wellness officer, physicians, physician assistants, a dietician/nutritionist, an athletic trainer, exercise physiologists, administrative personnel, and peer fitness trainers; and, WHEREAS, Substantial savings associated with start-up and operating costs as well as developmental time will be realized. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby waive the formal consultant selection process and award the purchasing agreement to the San Diego Firefighters Regional Wellness Center for development of a comprehensive wellness-fitness program for City of Chula Vista firefighters. ~' H:/shared/attonneylFire - Wellness Sole Source 8-6 COUNCIL AGENDA STATEMENT n IteDl ~I Meeting Date 10/04/2005 ITEM TITLE: SUBMITTED BY: Resolution Approving a Change Order up to $200,000 for Graffiti Removal on the Interstate-805/Olympic Parkway/East Orange Avenue Interchange Project and Authorizing the Director of Public Works Operations to Execute Said Change Order Director of Public Works Operation~ City Manager 11 ~ 1K. (4/5ths Vote: Yes_NoX) REVIEWED BY: On April 27, 2004, the City Council approved Resolution No. 2004-135 (Attachment A) awarding the construction contract for the "I-805/East Orange Avenue/Olympic Parkway Interchange Improvements" project to Yeager-Skanska, Inc. for $14.9 million and Resolution No. 2004-136 (Attachment B) increasing the Director of Public Works Operations' individual change order authority up to $100,000 for said project. Costs for graffiti removal from the project's new sound walls and retaining walls will exceed $100,000. Approval of the proposed resolution would authorize the Director of Public Works Operations to execute a change order up to $200,000 for the removal of graffiti from the project's new walls. RECOMMENDATION: That Council adopt the resolution approving a change order up to $200,000 for graffiti removal on the Interstate-805/0lympic Parkway/East Orange Avenue Interchange Project and authorizing the Director of Public Works Operations to execute said change order BOARDS/COMMISSIONS: N/A. DISCUSSION: When Resolution No. 2004-136 was approved by City Council on April 27, 2004, staff anticipated that some individual change orders on a proj ect the size of the I -805/East Orange Avenue/Olympic Parkway project would likely exceed the Director's individual change order authority under City Council Policy No. 574-01 of $50,000, but would not likely exceed $100,000. Therefore, staff requested, and City Council approved, an increase in the Director of Public Works Operations' individual change order authority from $50,000 to $100,000 for the project. Since that time, an ordinance was adopted requiring graffiti to be removed from public and private surfaces within 48 hours after being reported. Graffiti has been an on-going problem on the project from its start in early Summer 2004. Initially, temporary fencing was tagged. However, as the project progressed and the project's new sound walls and retaining walls were completed, the graffiti problem worsened and the overall cost to 9-1 Page 2, Item CJ Meeting Date 10/04/2005 remove graffiti has steadily increased. As of August, in order to comply with the City's Graffiti Ordinance, approximately $90,000 had been spent to remove graffiti from these walls. In addition, graffiti attacks have increased from an average of once per week to two (sometimes three) times per week. A large percentage of the graffiti has occurred along the highly visible and high volume freeway corridor between East Palomar Street and Main Street. Once Caltrans assumes maintenance responsibilities for these walls, the City will no longer be obligated to remove graffiti under its Encroachment Permit with Caltrans. It is anticipated that the cost for graffiti removal on the project's new walls will be on the order of about $150,000 prior to hand-over of maintenance for walls within Caltrans' right-of-way. However, staff is requesting that the City Council approve a change order up to $200,000 for graffiti removal because final costs cannot be accurately predicted due to the criminal nature of this problem. Further, project expenses for removal of graffiti from new walls within City right-of-way will be necessary until hand-over of maintenance responsibilities to City Public Works Operations forces. Sufficient funds remain in the project contingency fund to cover costs for graffiti removal through the project's completion. Further, it is anticipated that the cumulative total of all changes orders, excluding those change orders approved by the City Council on May 24, 2005 for northbound and southbound Main Street on-ramp improvements, will be within the Director's cumulative change order authority of$765, 951.77. FISCAL IMPACT: There will be no impact to the General Fund as a result of this action. Sufficient funds remain in the project contingency balance to cover the costs of additional graffiti removal. KP A/kpa Attachments: A. Resolution No. 2004-135 B. Resolution No. 2004-136 H:\Public Works OperationslAl13's 2006\STM-328 Graffiti CCO.doc 9-2 A--rr-~~ A RESOLUTION NO. 2004-135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT FOR THE I-805/EAST ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE IMPROVMENTS (STM-328) TO YEAGER-SKANSKA INC., IN THE AMOUNT OF $14,859,035.30 WHEREAS, the City desires to reconstruct the interchange at 1-805/East Orange Avenue/Olympic Parkway in order to accommodate additional lanes on the bridge deck and approaches between Melrose Avenue and Oleander Avenue; and WHEREAS, on January 2, 2004, the City Engineer advertised this project in confonnance with the City of Chula Vista's competitive bidding process; and WHEREAS, by 2:00 p.m. on March 30, 2004, the City Engineer received a total of five (5) bid proposals for this project as follows: Contractor Bid Amount Yeager-Skanska Inc., Riverside CA $14,859,035.30 Erreca'slHansenlSJH, Lakeside, CA $14,866,762.90 FCI Constructors Inc., Vista, CA $14,894,893.50 Diablo Contractors Inc., San Ramon, CA $15,181,366.00 Hazard Construction Companv, San Diell:o, CA $15,742,647.72 WHEREAS, the bid received by Yeager-Skanska Inc., in the amount of $14,859,035.30, is approximately 1.2% over the City Engineer's estimate of $14,682, 179; and WHEREAS, Engineering 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 a contract in the amount of$14,859,035.30 to Yeager-Skanska Inc. of Riverside, California; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA), and National Environmental Policy Act (NEPA) and the Mitigated Negative DeclarationlEnvironmental Assessment (MND/EA) and Mitigation Monitoring and Reporting Program which was issued and accepted by the City Council on May 6, 2003 (Resolution 2003-181); and WHEREAS, the Federal Highway Administration (FHW A) issued a Finding of No Significant Impact (FONS!) in accordance with NEPA on May 9, 2003; and WHEREAS, no further environmental review or documentation is necessary; and WHEREAS, a public hearing regarding the waiving of a defect in Yeager-Skanska Inc. 's bid was held at the 6:00pm, April 28th, 2004, City Council meeting. 9-3 Resolution 2004-135 Page 2 WHEREAS, Yeager-Skanska Inco's unit price for line item 133 in words and figures, along with the total bid amount, is consistent; and WHEREAS, the bid documents for this project state that if there is a disparity between the lump sum and unit bid price the unit bid price set forth in figures and words takes precedence; and WHEREAS, it is necessary for the benefit of the public to waive the defect because it is inconsequential, re-bidding the project would delay a $15 million dollar project for at least a month and a half, and re-bidding the project would also likely result in a significantly higher low bid. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby award the contract for the "I-805/East Orange Avenue/Olympic Parkway interchange improvements (Project STM-328)" to Yeager-Skanska Inc., in the amount of $14,859,035.30. BE IT FURTHER RESOLVED that the inconsequential defect in Yeager-Skanska Inco's bid is waived because it is necessary for the benefit of the public. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement for and on behalf of the City of ChuIa Vista. Presented by Approved as to form by irector rA-~~ Ann Moore City Attorney 9-4 Resolurion-135 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 27th day of April, 2004, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: NOlle ABSENT: Councilmembers: None /c?JlL il1a, Mayor ATTEST: -: --i..t..A..6. "J~}.I'I. -' Susan Bigelow, CMC, City elk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2004-135 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of April, 2004. Executed this 27th day of April, 2004. ;~Bi:e~o~~~~~ 9-5 hrrAC:ffI1~"'- f3, . RESOLUTION NO. 2004-136 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE DIRECTOR OF PUBLIC WORKS OPERATIONS' INDNIDUAL CHANGE ORDER AUTHORITY UP TO $100,000 AND CUMULATIVE CHANGE ORDERS UP TO $765,951.77 FOR I-805/EAST ORANGE AVENUE/OLYMPIC PARKWAY (pROJECT STM-328), PER COUNCIL POLICY 574-01 WHEREAS, the City desires to reconstruct the interchange at I~805/East Orange Avenue/Olympic Parkway (Project STM-328) in order to accommodate additional lanes on the bridge deck and approaches between Melrose Avenue and Oleander Avenue; and WHEREAS, on December 12, 2000, the City Council amended Council Policy 574-01 authorizing the Director of Public Works to approve individual change orders increasing or decreasing the original contract amount up to $50,000; and WHEREAS, the bid received from Yeager-Skanska Inc. for Project STM-328 is in the amount of $14,859,035.30; and WHEREAS, per Council Policy 574-01, the maximum aggregate amount of all change orders shall not increase the contract amount by more than $73,000 plus 5% of the contract amount over $1,000,000 equals $765,95].77 on project STM-328; and WHEREAS, due to the size and scope of the project staff anticipates that many change orders will exceed the $50,000 limit as compared to more typical public work projects; and WHEREAS, this proposed change will modify Council Policy 574-01 to allow the Director of Public Works Operations to approve individual change orders from a $50,000 lirni1 up to a maximum $100,000 on Project STM-328, bu1 will not change the allowed maximum aggregate amount. NOW, TIIEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend City Council Policy 574-01 to allow the Director of Public Works Operations to approve individual contract change orders, only for project STM-328, up to $100,000 and cumulative contract change orders up to a maximum aggregate amount of $765,951.77. BE IT FURTHER RESOLVED that the Mayor of the City of ChuJa Vista is hereby authorized to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~~~:j:w, G..~ Ann Moore City Attorney 9-6 Resolution 2004-136 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of April, 2004, by the following vote: AYES: Councilmembers: Dav1s, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None A TrEST: ~.l!;1. J"""=~'~ L"'>. Susan Bigelow, CMC, City lerk --' ST ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2004-136 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of April, 2004. Executed this 27th day of April, 2004. - i. / tL.t-:L ~~ ~ <0 ../ Susan Bigelow, CMC, City C erk 9-7 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER UP TO $200,000 FOR GRAFFITI REMOVAL ON THE INTERSTATE 805/0LYMIPC PARKWAYIEAST ORANGE AVENUE INTERCHANGE PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDER WHEREAS, on April 27, 2004, the City Council approved Resolution No. 2004-135 awarding the construction contract for the "I-805IEast Orange Avenue/Olympic Parkway Interchange Improvements" project to Yeager-Skanska, Inc. for $14.9 million and Resolution No. 2004-136 increasing the Director of Public Works Operations' individual change order authority up to $100,000 for said project. Costs for graffiti removal from the project's new sound walls and retaining walls will exceed $100,000; and WHEREAS, since that time, an ordinance was adopted requiring graffiti to be removed from public and private surfaces within 48 hours after being reported; and WHEREAS, as of August, in order to comply with the City's Graffiti Ordinance, approximately $90,000 had been spent to remove graffiti from these walls. In addition, graffiti attacks have increased from an average of once per week to two (sometimes three) times per week; and WHEREAS, once Caltrans assumes maintenance responsibilities for these walls, the City will no longer be obligated to remove graffiti under its Encroachment Permit with Caltrans. It is anticipated that the cost for graffiti removal on the project's new walls will be on the order of about $150,000 prior to hand-over of maintenance for walls within Caltrans' right-of-way; and WHEREAS, staff is requesting that the City Council approve a change order up to $200,000 for graffiti removal because final costs cannot be accurately predicted due to the criminal nature of this problem. Further, project expenses for removal of graffiti from new walls within City right-of-way will be necessary until hand-over of maintenance responsibilities to City Public Works Operations forces. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Change Order up to $200,000 for Graffiti Removal on the Interstate 80S/Olympic Parkway/East Orange Avenue Interchange Project and Authorizing the Director of Public Works Operations to execute said Change Order. Presented by Approved as to fo= by &x ~ \'\10.A\L\l\ Ann Moore City Attorney Dave Byers Director of Public Works Operations J:\attomey\reso\finance\Approve Otay change orders - Graffitti removal 9-8 COUNCIL AGENDA STATEMENT Item: / [) Meeting Date: 10/4/O"i SUBMITTED BY: Resolution of the City Council of the City ofChula Vista, approving the first amendment to an agreement between the City of Chula Vista; Burkett & Wong Engineers, Consultant; and Otay !~je:ct, L. P., for the preparation of a Public Facilities Financing Pfaiiand Fiscal Impact Analysis for Otay Ranch Village Two, Three and Planning Area 18B, and authorizing the Mayor to execute said agreement. Director of Planning and Building ~ City Manager i ~ ]7R, (4/5ths Vote: Yes~o--X-) ITEM TITLE: REVIEWED BY: In May of 2003, the City Council approved a three-party agreement between the City of Chula Vista, Burkett & Wong Engineers and Otay Ranch L.P. for the preparation of a Public Facilities Financing Plan for the Village Two, Three and Planning Area 18B Sectional Planning Area (SPA) Plan. The item before the City Council is a request to approve the first amendment to the three- party agreement with Burkett & Wong, for consulting services. This amendment would add an additional $20,000 to the contract, for a total maximum agreement amount not to exceed $88,800. RECOMMENDATION: That the City Council adopt a Resolution approving the first amendment to the original three-party agreement with Burkett & Wong Engineers for consultant services related to the preparation of a Public Facilities Financing Plan (pFFP) and Fiscal Impact Analysis (pIA) for the Sectional Planning Area (SPA) Plan for Village Two, Three and Planning Area 18B of Otay Ranch, and authorizing the Mayor to execute said amendment. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: R"dq~TOlJnci The Otay Ranch Company submitted an application to prepare a Sectional Planning Area (SPA) Plan for Village Two, Three and Planning Area 18B of Otay Ranch in January of 2003. Since that time, significant work and progress have been made on the project. Subsequent to the approval of the three party agreement in May of 2003, a variety of elements within the project have been modified by the applicant. These modifications have resulted in a revised project description, which requires additional work by Burkett & Wong and their sub consultants. 10-1 Page 2, Item: ( 0 Meeting Date: 10/4/05 The Otay Ranch General Development Plan and the City's Growth Management Ordinance require the preparation of a Public Facilities Financing Plan (PFFP) with each SPA Plan in order to evaluate the project under the City's Growth Management Threshold Standards. The Otay Ranch Company is the applicant in the SPA Plan and will assume the full cost of the PFFP document. rnn~lIlhmt S:ervi~es Selp.~tinT1 PTn~ess The City originally conducted a formal consultant selection process in 2002 and selected the consulting services of Burkett & Wong Engineers, for the preparation of the PFFP for the Otay Ranch Village Two, Three and Planning Area 18B because of their qualifications, proposed cost, knowledge of the project and past experience in PFFP preparation for Otay Ranch. The original contract total was not to exceed $66,800. The Planning Division staff negotiated the details of the original agreement in accordance with procedures set forth in Section 2.56.110 of the Chula Vista Municipal Code. For the past three years, Burkett & Wong Engineers has performed satisfactorily IUlder the existing agreement. It is staff's recommendation that it is in the City's best interest to retain Burkett & Wong Engineers due to their intimate knowledge and familiarity with the project that they have gained as a result of their work on the project to date. A copy of the proposed agreement is attached hereto. FISCAL IMPACT: The preparation of this PFFP will not result in an impact to the City' 5 General FlUld. Otay Ranch, L.P., will compensate the additional funds to the City ofChula Vista who will then compensate the consultant at the applicants' sole cost and expense. The amended total amount for the contract is $88,800.00 for Burkett & Wong's consultant services. A tt-::\{':nmt"J"1t~ 1. Locator Map 2. Agreement between the City of Cbula Vista, Burkett & Wong, Olay Project LP to Prepare Public Facilities Financing Plan for the Otay Raoch Village Two, Three andPlanoing Area l8B SPA Plan. J:\PL,\N.NING\OT A YR,\NCH\ VILL.-\GI\;Ol\ VILl.,\Gf: _ 2\ V2 _J)FFP\ V2PFFPJ STA;\lJ;:N[)M~;i'lT\ V2 _PFFP _CONTRACT _ AME;"jI)MENT _ STAI'fo'_ RE PORT.DOC 10-2 LOCATOR Q) (HULA VISTA PLANNING AND BULDING DEPARTMENT NORTH h:\planning\gabriel\ORV1\ORV1 ,2.pdf 08.23.05 10-3 ATTAalMe"" 2. Three-Party Agreement Between City of Chula Vista, Burkett & Wong Engineers, (Consultant), and Otay Project, L. P., (Applicant) For Consulting Work to be Rendered' in Preparation of a Public Facilities Financing Plan (PFFP) and Fiscal Impact Analysis for the Applicant's Gtay Ranch Village Two, Three and Planning Area 18B Sectional Planning Area (SPA) Plan Project 1. Parties. This Agreement is made as of the reference date set forth in "Exhibit A", attached hereto, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, the consulting firm of Burkett and Wong Engineers designated on the attached Exhibit A as "Consultant", whose business form and address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant," Gtay Project, L.P" whose business form and address is indicated on the attached Exhibit A, and is made with reference to the foIIowing facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or generaIIy located as described in Exhibit A, Paragraph I, or has an option or other entitlement to develop said Property . 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described in Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work of the generaJ nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4, City does not presently have the "in-house" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5, This Agreement proposes an arrangement by which Applicant sha11 retain, and be Dtay Ranch Village Two, Three and Planning Area 18B PFFP 5/6/03 Three Party Agreement Page I 10-4 'f) "l.. "';;- j ". "1 liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 2.6. Additional facts and circumstances regarding the background for this Agreement are set forth on "Exhibit B". 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT AND APPLICANT AS FOLLOWS: 3 .1. Employment of Consultant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described in the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services," ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope-of-Work," ("Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Scope-of- Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 7, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional 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, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set Otay Ranch Village Two, Three and Planning Area 18B PFFP 5/6/03 Three Party Agreement Page 2 10-5 forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within fifteen (15) days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than fifteen (15) days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services (" Additional Services ") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.1.1. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.2. Reductions in Scope-of-Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Applicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated in Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated in Exhibit C and as hereinbelow set forth: 3.3.1.1 Other Terms of Deposit Trust. Otay Ranch Village Two, Three and Planning Area 19B PFFP 05/13/03 Three Party Agreement Page 3 10-6 3.3.1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to compensation by law or under the tenns of this Agreement. 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than thirty (30) days after the tennination of this Agreement and any claims resulting therefrom. 3.3.1.1.4. Applicant shall be notified within thirty (30) days after the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably detennine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within thirty (30) days pays said amount (" Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same tenns of trust governing the original Deposit. 3.3.2. Withholdinj!; of Processinj!;. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this Agreement, City shall be entitled to withhold processing of Applicant's application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4 .1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A", Class "V. or better, or shall meet with the approval of the City: 4.1.1. Statutory Worker's Compensation Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. Otay Ranch Village Two, 'Three and Planning Area 19B PFFP 05/13/03 'Three Party Agreement Page 4 10-7 4.1.2. Commer~ial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant 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 and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. Proof of Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) ,days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverag~ required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City, Otay Project, L.P., demonstrating same and naming Otay Project, L.P., and the City of Chula Vista as additional insureds. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 4.4. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. Otay Ranch Village Two, Three and Planning Area 18B PFFP 05113/03 Three Party Agreement Page 5 10-8 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents. or copies of such documents requested by Applicant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property. provided that the applicant is given forty-eight (48) hours notice prior to the City or consultant entering the property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant hannless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 5.3. Conununication to Applicant. Consultant shall not conununicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals (" Administrators ") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this Agreement. 7. Conflicts of Interest. 7. I. Consultant is Desi~ated as an FPPC Filer. If Consultant is designated in Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Otay Ranch Village Two, Three and Planning Area 18B PFFP 05/13/03 Three Party Agreement Page 6 10-9 . Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. 7.4. Promise Not to Acquire Conflictin2 Interests. Regardless of whether Consultant is designated as a FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 7.5. Duty to Advise of Conflictin2 Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will imrnediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's, which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. Specific Warranties A2ainst Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise of future employment, Otay Ranch ViIlage Two, Three and Planning Area 19B PFFP 05/13/03 Three Party Agreement Page 7 10-10 remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve (12) months thereafter. Consultant agrees that Consultant shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve (12) months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This Agreement may be terminated by the City for default if the Consultant breaches this Agreement or if the Consultant refuses or fails to pursue the work under this Agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this Agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's Right to Terminate Agreement for Convenience, Documents. 9.1. Notwithstanding any other section or provision of this Agreement, the City shall have the absolute right at any time to terminate this Agreement or any work to be performed pursuant to this Agreement. 9.2. In the event of termination of this Agreement by the City in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this Agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for darruige or compensation arising under this Agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this Agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this Agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. Otay Ranch Village Two, Three and Planning Area 18B PFFP 05/13/03 Three Party Agreement Page 8 10-11 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. . 10. Administrative Claims Requirement and Procedures. No suit 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 of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as ifset fully set forth herein. 11. Hold Harmless and Indemnification. 11.1. Consultant to Indemnify Citv and Applicant re Iniuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees and Applicant from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Applicant, defend any such suit or action brought against the City, its officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall not be limited by any prior or subsequent declaration by the Consultant. 11.2. Applicant to Indemnify City re Compensation of Consultant. Applicant agrees to defend, indemnify and hold the City harmless against and from any and all c1aims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. Otay Ranch Vi11age Two, Three and Planning Area 19B PFFP 05/13/03 Three Party Agreement Page 9 10-12 12. Business Licenses. Applicant agrees to obtain a business license from the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13. L Consultant not authorized to Represent City. UnJess specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. 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 for the parties in Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.5. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has Jegal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. Gtay Ranch Village Two, Three and Plamring ATea 18B PFFP 05/13/03 Three Party Agreement Page 10 10-13 13.6. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13 .8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13 .9. Severability . In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13 .Il. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. Three party Agreement Page 11 Otay Ranch Village Two, Three and Planning Area 18B PFFP 05/13/03 10-14 13.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary . 13.13. No Additional Beneficiaries. Despite the fact that the required performance under this Agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this Agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. (End of Page. Next Page is Signature Page.) Otay Ranch Village Two, Three and Planning AIea ISB PFFP 05/13/03 Three Party Agreement Page 12 10-15 Signature Page Three-Party Agreement Between City of Chula Vista, Burkett & Wong Engineers, (Consultant), and Otay Project, L. P., (Applicant) For Consulting Work to be Rendered in Preparation of a Public Facilities Financing Plan (PFFP) and Fiscal Impact Analysis for the Applicant's Otay Ranch Village Two, Three and Planning Area 18B Sectional Planning Area (SPA) Plan Project NOW THEREFORE, the 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 hand hereto on the date set forth adjacent thereto. Dated: ~. ~;:T City of / -' b Approved as to Form: bY:(~ 9/!1L~ Ann ,CCity Attorney Dated: S /1 I/)3 I I Dated: rs/ 7 JD?J Consultant: Bmk~ by: Applicant: Otay Project, L.P. a California iimited liability company Otay Ranch Village Two, Three and Planning Area 18B PFFP 05/13/03 Three Party Agreement Page 13 10-16 Exhibit A Reference Date of Agreement: Date Agreement signed by City of Chula Vista Effective Date of Agreement: Date Agreement signed by City of Chula Vista City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Burkett and Wong Engineers Associates Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 3434 Fourth Avenue, San Diego California 92103 Applicant: Otay Project, L.P., a California Limited Partnership Business Form of Applicant: ( ) Sole Proprietorship (X) Partnership ( ) Corporation Address: 350 West Ash Street, Suite 730, San Diego, CA 92101 1. Property (Commonly known address or General Description): The Village Two, Three and Planning Area 18B Sectional Planning Area (SPA), which consists of approximately 1,040.0 acres located in the Otay Valley Parcel ofOtay Ranch, south of Olympic Parkway, east of the Otay Landfill, west of the future extension of La media Road and north of Main StreetJOtay Valley Road. 2. Project Description ("Project"): Preparation of a new Poblic Facilities Financing Plan (PFFP) including a Fiscal Impact Analysis (FIA) for the 1,040.0-acre Village Two, Three and Planning Area 18B Property as required by the City's Growth Management Ordinance in conjunction with the concurrent processing of the requested amendments to the City's General Plan and the Otay Ranch General Development Plan, and the formulation of a new Sectional Planning Area (SPA) Plan for the Otay RJmch Village Two, Three and Planning Area 18B PPFP 05/13/03 Three Party Agreement Page 14 10-17 Village Two, Three and Planning Area l8B. 3. Entitlements applied for: a) New Sectional Planning Area (SPA) Plan and associated regulatory documents, including, but not limited to the following: 1) Village Design Plan; 2) Planned Community District Regulations; 3) Air Quality Improvement Plan; 4) Water Conservation Plan; 5) Affordable Housing Plan; 6) Public Facilities Financing Plan; b) Second Tier Environmental Impact Report c) Tentative Subdivision Map for Village Two, Three and Planning Area l8B . 4. General Nature of Consulting Services ("Services--General"): Prepare the Public Facilities Financing Plan (PFFP) and Fiscal Impact Analysis (PIA) for the Village Two, Three and Planning Area l8B SPA Plan to identify the amount, location, timing and financing mechanisms necessary to build and deliver required public facilities and services to the project, and to identify the overall, net fiscal impact that the project will have on the City in terms of revenues and expenditures and to meet the City of Chula Vista Municipal Code Requirements . The Village Two, Three and Planning Area l8B PFFP shall consist of an independent evaluation of the project's compliance with the City's adopted Growth Management Threshold Standards at buildout of the project, as well as during its phasing, and provide an assessment of the probable short- and long-term impacts on those standards, along with recommendations to mitigate the identified impacts, and the timing for installation/delivery of necessary facilities and services. The FIA component of the Village Two, Three and Planning Area 18B PFPP shall consist of an independent evaluation of the project's fiscal impacts on the operation and maintenance budgets of the City (General Fund). The FlA will address the costs and revenues to the City as a result of providing infrastructure and services to the Village Two, Three and Planning Area 18B Project. 5. Detailed Scope of Work ("Detailed Services"): The following tasks shall be performed by the consultant to the satisfaction of the Director of Planning and Building: Public Facilities Financing Plan (PFFP) - Task A: Preliminary Research/Data Gathering Gather and review all available data regarding the Village Two, Three and Planning Area Otay Ranch Village Two, Three and Planning Area 18B PFFP 05/13/03 Three Party Agreement Page 15 10-18 18B project, including the existing Otay Ranch General Development Plan, and related documents, and any conditions of approval; the technical studies prepared for the project; PFFP's for other eastern Chula Vista projects; Master Facilities plans; related tentative maps and associated conditions of approval; related City Resolutions; current environmental impact reports with all related back-up technical reports; and any other environmental documentation including prior EIR's. Hold meetings with City staff, the applicant or their consultants, and affected agencies as necessary to gather and review data. Task B: Identify and Describe Facilities and Services Impact. Following the review of the available data, identify in writing, (at first draft of the PFFP) facilities and services that may be impacted by the Village Two, Three and Planning Area 18B SPA pursuant to the adopted City Growth Management Threshold Standards; provide in writing, (at first draft of the PFFP) a preliminary cost estimate for the new and/or upgraded infrastructure and services required both on-site and off-site to support the Village Two, Three and Planning Area 18B SPA; and identify costs, (at first draft of the PFFP) and financing methods for that infrastructure and services. The cost estimate for the new and/or upgraded infrastructure and services analysis shall summarize the impact fees and any fee credits as applicable, and shall coordinate with and incorporate any other relevant fiscal impact data, evaluations or recommendations arising from the Fiscal Impact Analysis (FIA). The analysis described above shall consider both the amount of development within the Village Two, Three and Planning Area 18B SPA, as weB as that within other projects in eastern Chula Vista, which are forecast to develop within the same time frame as the Village Two, Three and Planning Area 18B SPA, and shall analyze conditions during the phasing of the Village Two, Three and Planning Area 18B SPA and at buildout of the project. Task C: Independent Evaluation and Recommendations to Mitigate Impacts. Conduct an independent evaluation of the Village Two, Three and Planning Area 18B project's compliance with the adopted City Threshold Standards and provide in writing, (at first draft of the PFFP) an assessment of the probable short-and long-term impacts as well as recommendations to mitigate impacts and maintain compliance with the City's Growth Management Threshold Standards. Task D: Attendance at meetings and other coordination The Consultant (and any of their subcontractors) shall attend one public forum, and up to two Planning Commission hearings and two City Council hearings. These are in addition to meetings with City staff, coordination with EIR consultant, or others as the Planning Department deems necessary to complete the work. Attendance at said meetings or other methods of Otay Ranch Village Two, Three and Planning Area 18B PFFP 05/13/03 Three Party Agreement Page 16 10-19 coordination is required of the Consultant on an as needed basis as determined by the City, given sufficient lead-time (minimum 5 days) for the Consultant to schedule such coordination. It is further anticipated that informal coordination will take place between the Consultant and the EIR consultant at various times throughout the process. Task E: Preparation of Draft and Final PFFP Documents Prepare a Preliminary Draft, Draft and Final Public Facilities Financing Plan (PFFP) for the Village Two, Three and Planning Area 18B project, including but not limited to the statistical tables, exhibits, text, public facilities and services phasing, methods of financing public facilities and services, and other pertinent items to ensure that the Village Two, Three and Planning Area 18B project would have the necessary infrastructure and services prior to or concurrent with need. The Consultant shall deliver the requisite number of copies, which will include incorporation of staff comments, of the Preliminary Draft, Draft and Final PFFP documents as set forth in Paragraph 6. Fiscal Impact Analvsis (FIA) - Task F: Preliminary Research Gather and review all available and relevant data regarding the Village Two, Three and Planning Area 18B SPA's impact upon the operation and maintenance budgets of the City and its General Fund, and considering the current information associated with the City's Fiscal Year 2003 -2004 budget. Gather and review information from the Applicant regarding the land uses, residential product types, and phasing and buildout schedules for the SPA. This shall include as many meetings with City staff and administrators, and the applicant or their consultants as are necessary to gather and review the data. Task G: Identify and Describe Fiscal Impacts Conduct an analysis utilizing CIC Research, Inc. 's fiscal impact model and methodology recently developed in conjunction with analyses for recent Otay Ranch projects. Update the noted model with Fiscal-Year 2002 data and customize it as necessary to fit the characteristics of the Village Two, Three and Planning Area 18B. Analyze and address the fiscal impacts that the Village Two, Three and Planning Area 18B SPA will have upon the City's operation and maintenance budgets considering the costs and revenues to the City in providing infrastructure and services to, and as a result of, the Village Two, Three and Planning Area 18B SPA. Contact City Department heads and staff as necessary to help identify any unique conditions or problems with providing infrastructure and services to the project, including those that may be associated with annexation. atay Ranch Village Two, Three and Planning Area 18B PFFP 05113103 Three Party Agreement Page 17 10-20 The analyses shall be presented (at first draft of the PFFP) in both written and tabular format, and shall present City revenues and expenditures annually based upon the project's development absorption schedule, and the according fiscal surpluses and deficits. Task H: Incorporation of FIA into Draft PFFP document Prepare a Draft Fiscal Impact Analysis Report for incorporation into the PFFP document for review by City staff and any affected agency in the requisite number of copies and per the schedule presented in Paragraph 6. Prepare a Final Fiscal Impact Analysis to be incorporated into the PFFP document. Task I: Revise Drafts as City Determines Necessary The consultant shall prepare revisions to the satisfaction of City Staff to PFFP document based upon comments received from City Staff, Planning Commission and City Council and any other comments from outside agencies or individuals. Said revisions shall be incorporated into the appropriate draft or final document as outlined in paragraph 6 below under "Dates or Time Limits for Delivery of Deliverables". TaskJ: Draft Tentative Map Conditions of Approval The Consultant shall prepare draft conditions of approval for the tentative map for Village Two, Three and Planning Area 18B based on the threshold analysis of the PFFP. . 6. Schedule, Milestone, Time-Limitations within which to Perform Services: Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Delivery of the First Draft PFFP (including the Fiscal Impact Analysis Report) for staff review and distribution in the form of thirty (30) copies. Due date: July 1,2003 or a minimum of6 weeks after City's notice to proceed, whichever is later. Deliverable No.2 Delivery of the revised Second Draft PFFP (including the Fiscal Olay Ranch Village Two, Three and Planning Area 1 8B PFFP 05/13/03 Three Party Agreement Page 18 1 0- 21 Impact Analysis Report) containing all staff comments on the First Draft PFFP in the form of ten (10) copies. Due date: October I, 2003, or three weeks after the consultant receives comments back from the City's review of fIrst draft, whichever is later. Deliverable No.3 Delivery of the revised Third Draft PFPP (including the Fiscal Impact Analysis Report) containing all staff comments in the form of ten (10) copies. Due date: December 1, 2003, or two week after the consultant receives comments back from City's review of second draft, whichever is later. Deliverable No.4: Delivery of pre-press (screencheck) copy of PFFP (including the Fiscal Impact Analysis Report) incorporating all of staff s comments in the form of three (3) copies. Due date: February 1, 2004 or 1 week after staff/consultant discuss staff comments on the third draft, whichever is later. Deliverable No.5: Delivery of the Final PFFP (including the Fiscal Impact Analysis Report) for public hearings in the form of twenty (20) copies and a computer diskette file formatted for Microsoft Word. Due date: May 15, 2004, or 1 week after City delivers pre-press (screencheck) comments to the Consultant. Deliverable No.6: Delivery of City Council approved PFFP (including the Fiscal Impact Analysis Report) to City Staff in the form of thirty (30) copies plus one (1) master copy set up to print additional copies to be incorporated into binders, plus draft conditions of approval for the tentative map. Due date: August I, 2004 or within two week following City Council hearing. Deliverable No.7: Delivery of draft conditions of approval for the tentative map. Due date: February 15,2004 or two weeks after the Olay Ranch Village Two, Three and Planning Area 18B PFFP 05/13/03 Three Party Agreement Page 19 10-22 consultant delivers pre-press (screencheck) copy ofPFFP (including the Fiscal Impact Analysis Report), whichever is later. Dates for completion of all Consultant services: Fourteen months from the effective date of agreement or as extended by the Director of Planning and Building in the Director's sole discretion. 7. Documents to be provided by Applicant to Consultant: (1) project description; (1) technical studies including water, wastewater, drainage, traffic; (1) site plans/draft SPA document; (I) phasing plan; (1) grading plans; (1) architectural elevations, design plan, etc. 8. Contract Administrators: City: Richard M. Rosaler, AICP Principal Planner City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 Applicant: Ranie L. Hunter, Vice President Dtay Project, L.P. 350 West Ash Street, Suite 730 San Diego, CA 92101 Consultant: Anthony G. Ambrose, AICP Burkett & Wong Engineers 3434 Fourth A venue San Diego, CA 92103 Otay Ranch Village Two, Three and Planning Area 18B PFFP 05113/03 Three Party Agreement Page 20 10-23 9. Statement of EconomicInterests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. () Category No. I. Investments and sources of income. ( ) Category NO.2. ( ) Category No.3. ( ) Category No.4. ( ) Category No.5. ( ) Category No.6. ( ) Category No.7. 10. Insurance Requirements: Interests in real property. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Investments in business entities and sources of income, which engage in land development, construction or the acquisition or sale of real property. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Business positions. (X) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). Otay Ranch Vmage Two, Three and Planning Area 18B PFFP 05113103 Three Party Agreement Page 21 10-24 Exhibit B Compensation Schedule and Deposit: Terms and Conditions (X) Single Fixed Fee Arrangement For performance of all general and detailed services of Consult ant prescribed in Exhibit" A", paragraphs 4 and 5, Applicant shall pay a single fixed fee, all of which is to be deposited upon execution of this agreement. The City shall pay Consultant in increments and at the times or milestones set forth below: (X) Single Fixed Fee Amount: $66,800.00 Milestone AmountJPercentage of Fixed Fee to be Paid I. Signing of this agreement by all parties and upon request by the Consultant $16,700/25% 2. Deliverable #1 First Draft PFFP (including the Piscallrnpact Analysis Report) $23,380/35% 3. Deliverable #4 Pre-press (Screencheck) Draft PPFP (including the Fiscal Impact Analysis Report) $10,020/15% 4. Deliverable #5 Final PFFP (including the Fiscal Impact Analysis Report) $10,020/15% 5. 10% retention amount $6,680/10% Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: ( ) Type: ( ) Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Even, listed below, has occurred: (X) Retention Percentage: 10% Otay Ranch Village Two, Three and Planning Area 19B PFFP 051\3/03 Three Party Agreement Page 22 10-25 () Retention Amount Retention Release Event: (X) Completion of All Consultant Services to the satisfaction of the Director of Planning and Building. ( ) Other: ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all ofthe General and Detailed Services herein required of Consultant for $66,800.00 including all Materials, and other "reimburseables" ("Maximum Compensation"). Rate Schedule Category of Employee of Consultant Hourly Rate Burkett and Wong Engineers: Principal Principal Associate Engineer Assistant Planner Technician Clerical $125 $ 95 $.95 $ 65 $60 $45 (X) Permitted Subconsultants: CIC Research, Inc. 8361 Vickers Street San Diego, CA 92111 (858) 637-4000 Linscott, Law and Greenspan 1565 Hotel Circle South, Suite 310 San Diego CA 92108 (619) 299-3090 Otay Ranch Village Two, Three and Planning Area 18B PFFP 05/13/03 Three Party Agreement Page 23 10-26 ************** Deposit (X) Deposit Amount: At execution of agreement - $66,800.00 (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is . checked " , upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. ( X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: Upon completion of each milestone B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: On the 10th day of each month following completion of each milestone C. City's Account Number: Otay Ranch Village Two, Three and Planning Area \8B PFFP 05/\3/03 Three Party Agreement Page 24 10-27 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG ENGINEERS, CONSULTANT; AND OTAY RANCH, L.P., APPLICANT; FOR THE PREPARATION OF A PUBLIC FACILITIES FINANCING PLAN AND FISCAL IMPACT ANALYSIS FOR VILLAGE TWO, THREE AND PLANNING AREA 18B IN THE OTAY RANCH GENERAL DEVELOPMENT PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the City of Chula Vista, by Resolution No. 2003-192 on May 13, 2003, approved an agreement between the City Of Chula Vista; Burkett & Wong Engineers, Consultant; and Otay Ranch, L.P., Applicant for the preparation of a Public Facilities Financing Plan (PFFP)/Fiscal Impact Analysis (FIA), for Otay Ranch Village Two, Three and Planning Area l8B ("Property"); and, WHEREAS, pursuant to Title 19 of the Chula Vista Municipal Code, Section 19.09.050, a Public Facilities Financing Plan is required for the Property; and, WHEREAS, the Applicant has modified the original Sectional Planning Area (SPA) Plan application and project description for the property requiring additional consultant services to evaluate the supply and demand of public inftastructure and services for the property; and, WHEREAS, Burkett & Wong Engineers has performed satisfactorily under the existing agreement and it is staffs recommendation that it is in the City's best interest to retain Burkett & Wong Engineers due to their intimate knowledge and familiarity of the project. WHEREAS, the Applicant will be responsible for all costs and expenses under the first amendment to the agreement; and, NOW, THERFORE, BE IT RESOVLED the parties agree to amend the original agreement as follows: I. Exhibit "B" to the original Agreement is hereby deleted and Exhibit B-1 IS inserted in its place. II. All other terms and conditions not modified by this First Amendment to the Original Agreement shall remain in full force and effect. 10-28 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. James D. Sandoval Director of Planning and Building 2roVed as to form by . ~V\ F ~ v Ann Moore City Attorney Presented by 10-29 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 ;;J "l1 ? Ann Moore City Attorney Dated: 7/2- f,/DS First Amendment to the Three-Party Agreement Between City ofChula Vista, Burkett & Wong Engineers and Otay Project L.P. for Consultant work to be Rendered in preparation of a Public Facilities Financing plan 10-30 TIRSTAMENDMENTTOTHE Three-Party Agreement Between City of Chula Vista, Burkett & Wong Engineers, (Consultant), and Otay Project L.P., (Applicant) For Consulting Work to be Rendered In Preparation of a Public Facilities Financing Plan (pFFP) And Fiscal Analysis for the Applicant's Otay Ranch Village Two, Three and Planning Area 18B Sectional Planning Area (SPA) Plan Project Recitals The First Amendment is entered into effective as of September 20, 2005 between the City of Chula Vista ("City"); Burkett & Wong Engineers, Consultant, and Otay Project, L.P., Applicant with reference to the following Facts: WHEREAS, the City issued a Request For Proposals and received responses in 2002 for an Engineering Consultant for the preparation of an Public Facilities and Financing Plan for the Project; and WHEREAS, on May 13, 2003 the City Council approved Resolution 2003-192 for a $68,800 agreement with Burkett & Wong Engineers for engineering consulting services for the preparation of a Public Facilities Financing Plan (PFFP) for Otay Ranch Village Two, Three and Planning Area 18B; and WHEREAS, the parties have determined that it is necessary and appropriate to amend the original Sectional Planning Area (SPA) Plan application and project description for the property requiring additional consultant services to evaluate the supply and demand of public infrastructure and services for the property; and WHEREAS, the parties negotiated the expanded Scope of Work; and WHEREAS, the parties now desire to amend the Agreement to expand the Scope of Work required of Burkett & Wong Engineers to adequately prepare a Public Facilities and Financing Plan (pFFP); and NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City, Burkett & Wong Engineers, and Otay Project L.P., agree as follows: I. That Exhibit "B" to the original agreement is deleted and Exhibit "B-1" is substituted in place and stead and reads as attached. 9/20/05 Three-Party Agreement, First Amendment Page 1 10-31 2. All other tenns and conditions of the Original Agreement shall remain in full force and effect. Next Page is Signature Page(s) 9/20/05 three-Party Agreement, First Amendment Page 2 10-32 Signature Page To The First Amendment To The Three-Party Agreement Between City of Chula Vista, Burkett & Wong Engineers, (Consultant), and Otay Project, L.P., (Applicant) For Consulting Work to be Rendered In Preparation of a Public Facilities Financing Plan (pFFP) And Fiscal Impact Analysis for the Applicant's Otay Ranch Village Two, Three and Planning Area 18B Sectional Planning Area (SPA) Plan Proj ect (page I of 2) NOW THEREFORE, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereofby setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to Form: Ann Moore, City Attorney 9/20/05 Three-Party Agreement, First Amendment Page 3 10-33 Signature Page To The First Amendment To The Three-Party Agreement Between City of Chula Vista, Burkett & Wong Engineers, (Consultant), and Otay Project, L.P., (Applicant) For Consulting Work to be Rendered In Preparation of a Public Facilities Financing Plan (pFFP) And Fiscal Impact Analysis for the Applicant's Otay Ranch Village Two, Three and Planning Area 18B Sectional Planning Area (SPA) Plan Project (page 2 of2) Dated: Consultant: Burkett & Wong Engineers By: Dated: Applicant: OtayPro.~ectL.P. ~, --b-- By: ~li <L-~ Title: _Vd..l rre~/de/~ By: Title: Three-Party Agreement, First Amendment 9/20/05 Page 4 10-34 Exhibit B-t Compensation Schedule and Deposit: Terms and Conditions (X) Single Fixed Fee Arrangement For perfonnance of all general and detailed services of Consultant prescribed in Exhibit AA@, paragraphs 4 and 5, Applicant shall pay a single fixed fee, all of which is to be deposited upon execution of this agreement. The City shall pay Consultant in increments and at the times or milestones set forth below: ( X ) Single Fixed Fee Amount: $88,800.00 Milestone Amount/Percentage * of Fixed Fee to be Paid 1. Signing of this agreement by all parties and upon request by the Consultant $16,700/25%* 2. Deliverable #1 First Draft PFFP (including the Fiscal Impact Analysis Report) $23,380/35%* 3. Deliverable #4 Pre-press (Screencheck) Draft PFFP (including the Fiscal Impact Analysis Report) $10,020/15%* 3a. Preliminary Final PFFP $20,000 4. Deliverable #5 Final PFFP (including the Fiscal Impact Analysis Report) $10,020/15%* 5. 10% retention amount $6,680/10%* . percentages based on original $68,800 contract amount Security for Perfonnance ( ) Perfonnance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: ( ) Type: ( ) Amount: $ ( X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" 9/20/05 Three-Party Agreement, First Amendment Page 5 10-35 COUNCIL AGENDA STATEMENT Item: I) Meeting Date: 10/04/05 ITEM TITLE: RESOLUTION ACCEPTING $11,009 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE FY 2005/2006 PERSONNEL BUDGET OF THE POLICE DEPARTMENT FOR BULLETPROOF VESTS. SUBMITTED BY: Chief of pOlice\)\}\%-p~ . REVIEWED BY: City Manager f ~ 77/\ (4/5ths Vote: YeslLNo _) The Chula Vista Police Department has received funding from the Bureau of Justice Assistance to pay for the costs of bulletproof vests. The Bulletproof Vest Partnership grant has awarded the Police Department $11,009 to pay for 50% of the cost of bulletproof vests. This grant will partially fund 35 vests; matching funds are included in the Police budget. RECOMMENDATION: That Council adopts the resolution accepting $11,009 from the Bureau of Justice Assistance and appropriating said funds to the FY 2005/2006 personnel budget of the Police Department for bulletproof vests. BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: On June 16, 1998, the Bulletproof Vest Partnership Grant Act of 1998 was signed as law. The purpose of the Act is to save the lives of law enforcement officers by helping States and units of local government equip their law enforcement officers with armor vests. The Bulletproof Vest Partnership (BVP) is a program of the U.S. Department of Justice administered by the Bureau of Justice Assistance (BJA). The program is designed to pay for up to 50% of bulletproof vests for law enforcement officers. BJA announces BVP funding opportunities on an annual basis. DISCUSSION: In December 2004, the Bureau of Justice Assistance (BJA) announced the new Bulletproof Vest Program funding opportunity for FY 2005. The Police Department applied for funding and was recently notified by BJA that the application was approved. The grant award, in the amount of $11,009, will pay for 50% of the cost of bulletproof vests. This grant will partially fund 35 vests; matching funds are included in the Police budget. 11-1 Page 2,ltem: , j Meeting Date: 10/04/05 The Bulletproof Vest Partnership is a non-competitive program. The BVP Act of 2000 requires that BJA give funding priority to jurisdictions with populations under 100,000 residents by awarding those jurisdictions the full 50% of the application total. For jurisdictions over 100,000 residents, the 2004 funds were sufficient to support 10% of the application values. Based on the same criteria, the Department received 14% of the application request in 2005. Staff submitted an application for funding of 120 vests, reflecting both the need for new officers and for routine replacement. Vests have a life span of five years. The Department has developed a replacement cycle for expired vests and has identified funds for this need. LOCAL MATCH: The BVP program is designed to pay for up to 50% of the cost of National Institute of Justice approved vests. A local match is required to pay for the remaining costs of the vests. Sufficient funds have been identified in the Police budget to meet the local match requirement. FISCAL IMPACT: Approval of this resolution will result in the appropriation of $11,009 to the personnel services budget of the Police Department. Sufficient funds have been identified in the Police budget to meet the 50% local match requirement. The funding from the Bureau of Justice Assistance will offset the $11,009 appropriation, resulting in no net fiscal impact to the General Fund. 11-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $11,009 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE FY 2005/2006 PERSONNEL BUDGET OF THE POLICE DEPARTMENT FOR BULLETPROOF VESTS. WHEREAS, the Bulletproof Vest Partnership is a program of the U.S. Department of Justice (administered by the Bureau of Justice Assistance) designed to pay up to 50% of bulletproof vests for law enforcement officers; and WHEREAS, the Police Department requested funding via the Bulletproof Vest Partnership program; and WHEREAS, the Police Department was awarded $11,009 for the purchase of bulletproof vests; and WHEREAS, the grant requires a 50% local match which has been identified in the Police Department budget; and WHEREAS, acceptance of the Bulletproof Vest Partnership grant will allow the Department to purchase thirty-five vests. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $11,009 from Bureau of Justice Assistance and appropriate said funds to the FY 2005/2006 personnel services budget of the Police Department for bulletproof vests. Presented by: Approved as to form by: b w l~ l.~b,,- Richard P. 'Emerson Police Chief 1cn:. P,PE 1101A ~ ~: Ann Moore . City Attorney 11-3 COUNCIL AGENDA STATEMENT Item: ' Meeting Date: 10/04/05 ITEM TITLE: RESOLUTION APPROVING AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE POLICE DEPARTMENT'S PARTICIPATION IN THE CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK REVIEWED BY: \A~ Chief of Police'\) ~\l-~ ( City Manager f~ llR (4/5ths Vote: Yes _ No .XJ SUBMITTED BY: Since 1990, the Police Department has been entering into five-year agreements with the County of San Diego to participate in the California Identification System Remote Access Network, commonly known as Cal-ID/RAN. This system is maintained by the State Department of Justice, but the County is the responsible agency for system allocation and funding. This new agreement is effective July 1, 2005 and terminates on June 30, 2010. RECOMMENDATION: That Council adopts the resolution approving the agreement with the County of San Diego for the Police Department's participation in the California Identification System Remote Access Network. BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: The State of California Department of Justice maintains an automated system for retaining and identifying fingerprints, palm prints, and photos called the California Identification System and Cal-Photo (hereinafter referred to as "Cal-ID". The California Penal Code, Section 1112.1 provides for the establishment of a Remote Access Network ("RAN"), consisting of a statewide network of equipment and procedures allowing local enforcement agencies direct access to Cal-ID. The San Diego County Sheriffs Department is the County's proprietary agency for San Diego County's Cal-ID/RAN. DISCUSSION: Since 1990, the Police Department has been entering into five- year agreements with the County of San Diego to participate in the California Identification System Remote Access Network, commonly known as Cal-ID/RAN. This system is maintained by the State Department of Justice, but the County is the responsible agency for system allocation and funding. The previous agreement expired on June 30, 2005, and the Police Department requests to approve the new agreement with the County of San Diego to continue 12-1 Page 2,ltem: I G- Meeting Date: 10/04/05 participating in the Cal-ID/RAN program. This new agreement is effective July 1, 2005 and terminates on June 30, 2010. FISCAL IMPACT: The City of Chula Vista will reimburse the County of San Diego for its proportional share of the net operational costs associated with Cal- ID/RAN based on the city's percentage of total county population and the city's percentage of FBI. crimes. These associated costs, approximately $50,000 annually, have already been incorporated in the Police Department's budget. Approval of this resolution will require no appropriations, resulting in no net fiscal impact to the General Fund. 12-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE POLICE DEPARTMENT'S PARTICIPATION IN THE CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK WHEREAS, since 1990, the Police Department has been entering into five-year agreements with the County of San Diego to participate in the California Identification System Remote Access Network (hereinafter referred to as "Cal- ID/RAN"; and WHEREAS, this system is maintained by the State Department of Justice, but the County of San Diego is the responsible agency for system allocation and funding; and WHEREAS, the Police Department requests to approve the agreement with the County of San Diego to continue participating in the Cal-ID/RAN program; and WHEREAS, the said agreement is effective July 1, 2005 and terminates on June 30, 2010. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the agreement with the County of San Diego for the Police Department's participation in the California Identification System Remote Access Network. Presented by: Approved as to form by: D uJ ;Ju~~ Richard P. Emerson Police Chief fi;c- fi ~ Y1~ ~ ~'. Ann Moore City Attorney 12-3 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 11~ ~frov Ann oore City Attorney Dated: Agreement for participation in San Diego's County's California Identification System Remote Access Network 12-4 AGREEMENT FOR PARTICIPATION IN SAN DIEGO COUNTY'S CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK THIS AGREEMENT ("Agreement") is made and entered into this first day of July, 2005, is by and between the County of San Diego, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the City of Chula Vista a municipal corporation, hereinafter referred to as "CITY". RECITALS A. The state of California Department of Justice maintains an automated system for retaining and identifying fingerprints, palm prints, and photos, said system being known as the California Identification System and Cal-Photo, and hereinafter referred to as "Cal-ID". B. The California Penal Code, Section 11112.1 et seq. provides for the establishment of a Remote Access Network ("RAN"), consisting of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to Cal-ID. C. The San Diego County Sheriffs Department, hereinafter referred to as "SDSD", is the COUNTY'S proprietary agency for San Diego County's California Identification SystemlRemote Access Network, hereinafter referred to as "Cal-ID/RAN". D. San Diego County's Cal-ID/RAN is governed by San Diego County Local Cal-ID/RAN Board, established pursuant to Section 11112.4 of the California Penal Code, and hereinafter referred to as "RAN BOARD". E. Cal-IDIRAN provides both tenprint identification, latent identification, and photo identification through the use of Local Input Terminals, hereinafter referred to as "LIT's. F. CITY desires to participate in Cal-IDIRAN. NOW, THEREFORE, the parties hereto agree that COUNTY shall provide Cal- ID/RAN services for CITY through the SDSD's LIT site subject to the following terms and conditions. 1. SCOPE OF SERVICE SDSD shall provide Cal-IDIRAN services for CITY, including all tenprint and latent inquiries and photo inquiries. 12!.S 2. CALCULATION AND PAYMENT OF CAL-ID OPERATIONAL COSTS 2.1. Ongoing Cal-ill operational costs shall include those costs needed to maintain theCal-ill Program. This includes but is not limited to: 2.1. 1. Support personnel costs 2.1.2. Equipment costs 2.1.3. Equipment maintenance 2.1.4. Vehicle costs 2.1.5. Information technology telecommunication maintenance 2.1.6. Services and supplies 2.1.7. Overhead 2.1.8. The cost for replacing the equipment amortized over ten years 2.1.9. Funding for system enhancements authorized by the RAN Board 2.1.1 O. Other costs necessary for the operation for Cal-ill as authorized by the RAN Board. 2.2. The COUNTY will adjust the Cal-ill operations cost annually and advise the CITY of the amount by March 31 of each year. 2.3. The COUNTY may make a General Fund Contribution to offset Cal-ill Operational Costs. The CITY will be advised of this contribution by March 31 of each year. 2.4. The RAN Board may authorize the transfer of funds from the Cal-ill Trust Fund to offset Cal-ill Operational Costs. The RAN Board will advise the CITY of this contribution by March 31 of each year. 2.5. Cal-ill's annual operations costs minus any Cal ill Trust Fund and County General Fund contributions equals the annual Cal-ill Net Operational Costs. 3. CITY COST CITY shall reimburse COUNTY for its proportional share of the annual net operational costs associated with Cal-ill/RAN, based upon the following formula: 3.1. The CITY'S percentage of total county population plus the CITY'S percentage of Number of FBI Crimes divided by 2 equals the CITY'S Cal-ill Cost Allocation Percentage. 3.1.1. CITY'S percentage of total County population shall be based on the San Diego Association of Governments (SANDAG) most recent "Population and Housing Estimates," which are revised annually. 3.1.2. CITY'S percentage of Number of FBI Crimes shall be based on SANDAG'S most recent issue of "Crime in San Diego Region," which is published annually 12~6 3.2. This percentage shall be adjusted annually using the previous year's SANDAG data. The data for the first year of this Agreement has been set forth as Attachment A hereto. 3.3. The annual Cal-ID Net Operational Costs times the CITY'S Cal-ID Cost Allocation Percentage equals the CITY'S Annual Cal-ID costs. 3.4. CITY'S estimated Cal-ID costs for the first year of this Agreement are calculated on Attachment B, which is hereby made a part of this Agreement. 3.5. The Sheriff of the County of San Diego may, on behalf of COUNTY, annually revise CITY'S estimated Cal-ID costs (Attachment B), based upon the most recent SANDAG population and FBI Crime Statistics in accordance with Section 3.1 and current operational costs specified in 2.1 above. Such estimate, when approved by CITY and the Sheriff, acting on behalf of the COUNTY, shall be made a part of this Agreement as Attachment B. 3.6. CITY shall be billed semi-annually based on its proportional share of the estimated ongoing net operational costs and shall pay COUNTY for the aforementioned costs within thirty days from the date of the invoice for such costs. 3.7. Actual ongoing costs will be calculated at the end of each fiscal year. Any shortages or overages based on actual costs will be transferred to or from the Sheriff's "Fingerprint Trust Fund." 3.8. COUNTY shall maintain a separate accountability for purposes of funding Cal- IDIRAN and shall provide a financial report at the end of each fiscal year. 4. SYSTEM OPERATING POLICIES AND PROCEDURES 4.1. The primary purpose ofCal-IDIRAN shall be to serve all law enforcement agencies in the COUNTY. 4.2. From time-to-time, the RAN Board may add and remove law enforcement agencies from Cal-ID. 4.3. Participating CITIES and COUNTY shall abide by all State and Federal statutes, as well as all policies adopted by COUNTY and State or Local RAN BOARD conceming the security, privacy and dissemination of any and all fingerprint and photo identification data contained in Cal-IDIRAN. 4.4. The COUNTY, in its discretion, may enter into one or more agreements ("Vendor Contracts") with third-party providers of hardware and software to obtain CAL-ill services for the COUNTY, and to provide such services to CITY 1'1-7 pursuant to this Agreement. COUNTY shall provide to CITY, and CITY hereby acknowledges receipt of, any such Vendor Contracts pertaining to the services COUNTY provides to CITY under this Agreement. CITY shall observe and abide by all of the contractual duties of COUNTY under any such relevant Vendor Contract. Notwithstanding such undertaking, however, CITY shall have no rights to enforce such a Vendor Contract against the County or any third-party provider, nor may CITY seek damages against any such third-party provider under any theory of contract, including, without limitation, third-party beneficiary principles. 4.5. Operational policy shall be established and modified as deemed appropriate by the RAN BOARD. This policy shall ensure that each user is treated equitably, with primary consideration based on each user agency's service population and crime rate. 4.6. The RAN Board shall resolve any dispute between users over operational policies established by the RAN BOARD. 4.7. COUNTY shall ensure the proper and effective operation and maintenance of equipment used to participate in Cal-ID/RAN. 4.8. COUNTY shall continue forwarding electronic prints submitted via lives cans for arrests to the Department of Justice as required by law. 4.9. This Agreement incorporates by reference: California Penal Code Section 11112.1 et seq. and any related legislation enacted thereto; State Department of Justice Cal-ID/RAN Master Plan and any changes thereto; State Departmentof Justice Cal-ID/RAN Policy Manual and any changes thereto; and the San Diego County Local RAN Board Operating Policies. 5. AMENDMENTS OR MODIFICATIONS This Agreement may only be modified, amended, or otherwise changed by an amendment in writing executed by the CITY and COUNTY. 6. TERMINATION Notwithstanding any other section or provision of this Agreement, either party hereto may terminate this Agreement by giving a one-year advance written notice of intention to terminate. 7. TERM OF AGREEMENT This Agreement shall take effect July I, 2005 and unless sooner terminated as provided for herein, shall terminate on June 30, 2010. 12~8 8. INDEMNIFICATION COUNTY shall not be liable for, and CITY shall defend, indemnify and hold COUNTY, its officers, agents and employees, harmless from, any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to the perfo=ance of this Agreement, arising either directly or indirectly from any act, error, omission or negligence of Contractor or its contractors, licensees, agents, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of County, its officers, agents, employees and contractors. IN WITNESS WHEREOF, the COUNTY OF SAN DIEGO executes this AGREEMENT pursuant to action taken by its Board of Supervisors, and the City ofChula Vista executes this AGREEMENT, pursuant to action taken by the City Council. COUNTY OF SAN DIEGO By Clerk, Board of Supervisors By City Manager APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY By Deputy County Counsel By City Attorney 5 12-9 Attachement A Cal-ID Cost Allocation Based on Population and Crime Fiscal Year 2005-2006 %Of % of County FBI Number County City Population Population of Crimes Crime Mean of %'s Carlsbad 92,995 3.08% 2,433 2.22% 2.65% Chula Visa 209,436 6.94% 8,Q52 7.36% 7.15% Coronado 26,459 0.88% 699 0.64% 0.76% Del Mar 4,555 0.15% 210 0.19% 0.17% EI Cajon 97,643 3.24% 4,804 4.39% 3.81% Encinitas 62,586 2.07% 1,401 1.28% 1.68% Escondido 140,671 4.66% 6,331 5.79% 5.22% Imperial Beach 27,779 0.92% 1,085 0.99% 0.96% La Mesa 56,050 1.86% 2,412 2.20% 2.03% Lemon Grove 25,592 0.85% 1,084 0.99% 0.92% National City 57,047 1.89% 3,255 2.97% 2.43% Oceanside 173,307 5.74% 7,138 6.52% 6.13% Poway 50,632 1.68% 924 0.84% 1.26% San Diego 1,294,032 42.89% 52,217 47.72% 45.31 % San Marcos 67,426 2.23% 1,745 1.59% 1.91% Santee 54,022 1.79% 1,397 1.28% 1.53% Solana Beach 13,431 0.45% 370 0.34% 0.39% Vista 94,048 3.12% 3,361 3.07% 3.09% Unincorporated 469,493 15.56% 1 0,499 9.60% 12.58% 3,017,204 100.00% 109,417 100.00% 100.00% Population and Crime FBI Crime Numbers based on tables contained in San Diego Association Governments "Crime in the San Diego Regi09'2"!:!9Ljj1I2004" Published in April 2005 Attachement B Cal-ID Contract Projections by Agency - FY 2005-2006 Revenue County General Fund Contribution Transfer from Trust Fund User Fees Total Funding Expenses County Salaries and Benefits Allocated Overhead On County Salaries and Benefits Services and Supplies Equipment Replacement Fund San Diego PD In Kind Services Fixed Assets Expense Total Expenses User Fee Allocation City/Jurisdiction Carlsbad Chula Visa Coronado' Del Mar EI Cajon Encinitas Escondido Imperial Beach La Mesa Lemon Grove National City Oceanside Poway San Diego San Marcos Santee Solana Beach Vista Unincorporated Total User Fees 12-11 Allocation Percentage 2.65% 7.15% 0.76% 0.17% 3.81% 1.68% 5.22% 0.96% 2.03% 0.92% 2.43% 6.13% 1.26% 45.31 % 1.91% 1.53% 0.39% 3.09% 12.58% 100.00% $716,000 $1,161,432 $716,000 $2,593,432 $1,059,962 $165,354 $716,442 $325,000 $122,374 $204,300 $2,593,432 Estimated FY 2005/06 Cost $18,995 $51,195 $5,426 $1,228 $27,304 $12,010 $37,405 $6,846 $14,542 $6,583 $17,419 $43,918 $9,031 $324,389 $13,710 $10,981 $2,804 $22,156 $90,058 $716,000.00 COUNCIL AGENDA STATEMENT Item: 13 Meeting Date: 10/04/05 ITEM TITLE: RESOLUTION WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES FOR THE COMMUNITY SERVICE PROGRAM REVIEWED BY: Chief of pOlice'Yv~pe; . City Manager 11 ~f...llR (4/5ths Vote: Yes_NolL) SUBMITTED BY: Since 1985, the City of Chula Vista has contracted with South Bay Community Services on a Community Service Program that focused on graffiti eradication. This program allowed juvenile offenders to perform restitution by cleaning graffiti in the neighborhood. With the purchase of the new graffiti abatement van earlier this year, the Public Works Department now performs graffiti eradication services for the City. The Community Service Program now focuses on other restitution services such as neighborhood cleanups, volunteering at schools or working at community events. The program's purpose is to hold juvenile offenders accountable for their actions and provide opportunities for them to connect in positive ways with their community. The attached agreement formally outlines the services to be provided by South Bay Community Services for the Community Service Program. RECOMMENDATION: That Council adopts the resolution waiving the consultant selection process and approving a contractual agreement with South Bay Community Services for the Community Service Program. BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: The Community Service Program operates at the Chula Vista Police Facility and is a joint venture of the Police Department and South Bay Community Services. The program incorporates first time offender youth and probation referrals into work crews with staff and volunteers. These crews provide various community services such as volunteering at a non-profit or school, working with seniors, cleaning up neighborhoods, or working at community events, thus performing restitution to the community. First time offenders can be assigned up to 100 hours of community service time. Some Probation and Court referrals have up to 200 hours of required community 13-1 Page 2,ltem: Meeting Date: 10/04/05 service hours. Youth are transported from the main agency site to areas where community service projects will take place. DISCUSSION: South Bay Community Services (SBCS), in partnership with the Police Department Community Relations Unit, operates the Community Service Program. The program's purpose is to hold juvenile offenders accountable for their actions, provide immediate and effective intervention as part of graduated sanctions, and to provide opportunities for them to connect in positive ways with their community. South Bay Community Services provides the staffing to run the program and supervise the community projects. The Police Department provides office space, furniture, office supplies, telephones, a hot line number, and a community service van to transport the youth. Staff has evaluated the cost of providing this program in-house and determined that at this time, it is more cost effective to contract for this service. Because of the established working relationship with SBCS, the Police Department is seeking to waive the consultant selection process and approve the contractual agreement with SBCS to provide services for the Community Service Program. SBCS provides juvenile diversion services for the community, and diversion counselors are stationed at the Police Department. With this existing partnership, the diversion counselors are able to link first-time offenders to the Community Service Program and therefore occupy a unique position to find youth to perform the community services. The attached contract formally outlines the services for the Community Service Program. The contract is a standard two-party agreement that has been approved as to form by the City Attorney. The proposed contract will expire June 30, 2006, and may be extended an additional three years upon mutual agreement. FISCAL IMPACT: The City of Chula Vista will pay South Bay Community Services $42,504 annually to provide services for the Community Service Program. These costs have already been incorporated in the Police Department's budget. Approval of this resolution will require no appropriations, resulting in no net fiscal impact to the General Fund. 13-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES FOR THE COMMUNITY SERVICE PROGRAM WHEREAS, the Community Service Program operates at the Chula Vista Police Facility and is a joint venture of the Police Department and South Bay Community Services; and WHEREAS, the program incorporates first time offender youth and probation referrals into work crews with volunteers and staff to perform restitution to the community; and WHEREAS, the program's purpose is to hold juvenile offenders accountable for their actions, provide immediate and effective intervention as part of graduated sanctions, and to provide opportunities for them to connect in positive ways with their community; and WHEREAS, South Bay Community Services provides an Associate to run the program and supervise the community projects; and WHEREAS, the annual cost of operating the Community Service Program is $42,504, and this cost has already been incorporated in the Police Department budget; and WHEREAS, the proposed contract will expire June 30, 2006, and may be extended an additional three years upon mutual agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the agreement with South Bay Community Services for the Community Service Program. Presented by: Approved as to form by: 'Y)~ ~\M~L Od\\ " Ann Moore O~ ~ v City Attorney 'b {)J !I~ Richard P. Emerson ~ Police Chief ru .... fvP( 13-3 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~J!,~r: City Attorney Dated: Agreement between the City of Chula Vista and South Bay Community Services for Community Service Program 13-4 Agreement between City of Chula Vista and South Bay Community Services for Community Service Program This agreement ("Agreement"), dated 10/04/2005 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, since FY 1985/1986, the City has contracted with South Bay Community Services to provide community-related services; and Whereas, the Community Service Program (formerly the Graffiti Eradication Program) incorporates first time offender youth and probation referrals into work crews with volunteers and staff to perform restitution to the community; and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and Whereas, South Bay Community Services has juvenile diversion counselors stationed at the Police Department who are able to link first-time offenders to the Community Service Program, and therefore occupies a unique position within the community to find youth to perform the community services. Page 1 13-5 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The Genera! Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, ifthey are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care Page 2 13-6 and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and sub consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance 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: Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) in the amount set forth in Exhibit A, Paragraph 9. 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto) in the amount set forth in Exhibit A, Paragraph 9. 3. Workers' Compensation insurance as required by the State of California and Employer's Liability I nsurance in the amount set forth in the attached Exhibit A, Paragraph 9. 4. Professional Liability or Errors & Omissions Liability insurance appropriate to the consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability in the amount set forth in Exhibit A, Paragraph 9. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self- insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers Page 3 13-7 are to be named as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf ofthe consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the consultant's including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the consultant's insurance using ISO CG 20 10 11 85 or its equivalent. 2. The consultant's insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If Errors & Omissions coverage are written on a claims-made form: 1. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. 4. A copy of the claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A-V. If the insurance is placed with a surplus lines insurer, insurer must be listed on the State of California list of Eligible Surplus Lines Insurers (LESLI) and be A.M. Best's rated A-V. Page 4 13-8 Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the rightto require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Consultants must include all sub-consultants as insured under its policies or furnish separate certificates and endorsements for each sub-consultant. All coverage for sub- consultants is subject to all of the requirements included in these specifications. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In orderto demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.Qov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so Page 5 13-9 required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attomey which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that ExhibitA, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto. City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than Page 6 13-10 monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This agreement shall terminate on June 30, 2006 and may be extended an additional three years, upon mutual agreement of both parties based upon a market assessment of no other qualified service providers; provided however (a) the effectiveness of this Agreement for the fiscal year commencing July 1, 2005 shall be contingent upon City's appropriation, in its sole discretion, of the necessary funds therefore; and (b) Consultant's obligations under Section 7 hereof shall survive such termination. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or Page 7 13-11 designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict Page 8 13-12 of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the neg ligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising Page 9 13-13 from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: 1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 2. Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such Page 10 13-14 termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the sub consultants identified thereat as "Permitted Sub consultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent Page 11 13-15 of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as iffully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. Page 12 13-16 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. Page 13 13-17 Signature Page to Agreement between City of Chula Vista and South Bay Community Services for Community Service Program IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2005 City of Chula Vista by: Stephen Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Exhibit List to Agreement (X) Exhibit A (X) Exhibit B Page 14 13-18 Exhibit A to Agreement between City of Chula Vista and South Bay Community Services 1. Effective Date of Agreement: 07/01/2005 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: South Bay Community Services 5. Business Form of Consultant: (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1124 Bay Blvd, Suite 0 Chula Vista, California 91911 Voice Phone (619) 420-3620 Fax Phone (619) 420-8722 7. General Duties: Operate the Community Service Program 8. Scope of Work and Schedule: A. Detailed Scope of Work: The Community Service Program is a joint venture of South Bay Community Services and the Chula Vista Police Department. The program incorporates first time offender youth and probation referrals into work crews with staff and volunteers. These crews provide various community services such as volunteering at a non-profit or school, working with seniors, cleaning up neighborhoods or working at community events, thus performing restitution to the community. First time offenders can be assigned up to 100 hours of community Page 15 13-19 service time. Some Probation and Court referrals have up to 200 hours of required community service hours. Youth are transported to community service sites in a City-provided van. The Chula Vista Police Department provides to the South Bay Community Services staff: office space, furniture, office supplies, telephones, and a hot line number, in addition to the van. For additional information on the Scope of Work, refer to the attached Community Service Program Policies (Exhibit B). B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: N/A D. Date for completion of all Consultant services: Upon compliance with all executory provisions herein. 9. Insurance Requirements: 1. General Liability: (Including operations, products and completed operations, as applicable.) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: 4. Professional Liability or Errors & Omissions Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the . general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $ 500,000 each occurrence $1,000,000 policy aggregate Page 16 13-20 10. Materials Required to be Supplied by City to Consultant: None. 11. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $42,504 per year, payable as follows: Monthlv installments of $3,542.00 per month. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. 13. Contract Administrators: City: Edward Chew, Administrative Services Manager Chula Vista Police Department 315 4th Avenue Chula Vista, CA 91910 (619) 691-5013 Consultant: Kathryn Lembo, Executive Director South Bay Community Services 1124 Bay Blvd, Suite D Chula Vista, CA 91911 (619) 420-3620 14. Liquidated Damages Rate: None. 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. 16. ( ) Consultant is Real Estate Broker and/or Salesman Not Applicable Page 17 13-21 17. Permitted Sub Consultants: None. 18. Bill Processing: A. Consultant's billing to be submitted for the following period of time: (X) Monthly B. Day of the period for submission of Consultant's billing: (X) First of the Month C. City's Account Number: 100-14257-6401 19. Security for Performance None Required. 13-22 Page 18 Exhibit B COMMUNITY SERVICE PROGRAM POLICIES 1.1 COMMUNITY SERVICE PROGRAM INTRODUCTION The Community Service Program is a joint venture of South Bay Community Services and the Chula Vista Police Department. The program incorporates first time offender youth and probation referrals into work crews with staff and volunteers. These crews go out to different sites and complete volunteer hours at a nonprofit or a school; working with seniors; specialized neighborhood cleanups; and work at community events, thus performing restitution to the community. First time offenders can be assigned up to 100 hours of community service time. Some Probation and Court referrals have up to 200 hours ofrequired community service hours. Youth are transported from the main agency site to areas where community service projects will take place. The Chula Vista Police Department is a partner in this program, providing in-kind services and support, including a desk at the Chula Vista Police Department and space for the Associate, office supplies, telephone reporting hotline costs, and the van to transport the youth. 1.2 PROGRAM PURPOSE AND BACKGROUND The Community Service program's purpose is to hold juvenile offenders accountable for their actions, provide immediate and effective intervention as part of graduated sanctions, and to provide opportunities for them to connect in positive ways with their community. Juvenile crime referrals to South Bay Community Services' (SBCS) first tiine offender program from the Chula Vista Police Department (CVPD) have remained steady, and increased slightly. Additionally, Probation and the Courts are requiring increased hours of community service for youth. All this combined with the efforts of SBCS and CVPD to participate with San Diego County in offering a comprehensive approach to juvenile offenders has made this program a perfect fit for this community. These type of projects not only hold youth accountable for their actions by having them repay the community in real work for a number of hours, they also help teach young people the value of community service. Many of the young people have gained valuable experiences. 1.3 PROGRAM GOAL The program goal is to provide neighborhood revitalization services to the community of Chula Vista through community service projects. The obiective is to increase the ability of youth to take responsibility for their actions and perform restitution to the community by providing community service. 13-23 Exhibit B 1.4 TARGET POPULATION First time offender youth and probation youth referred to the program provide the community service to the residents, schools and businesses ofChula Vista. 1.5 SITE DESCRIPTION, SERVICE LOCATIONS & OPERATION HOURS The Community Service Program operates out of the Chula Vista Police Department and provides community services Saturdays from 8:00 a.m. to 4:00 p.m. and two afternoons a week. 13-24 COUNCIL AGENDA STATEMENT ! I),,; Item Meeting Date: 10/04/05 ITEM TITLE: SUBMITTED BY: RESOLUTION AUTHORIZING THE APPLICATION AND, IF AWARDED, ACCEPTANCE OF A RECREATIONAL TRAILS PROGRAM GRANT FROM THE STATE OF CALIFORNIA FOR THE REHABILITATION OF ROHR PARK RECREATIONAL TRAIL; AND AUTHORIZING THE COMMITMENT OF MATCHING FUNDS THEREFOR. Director of Public Works operations' City Manager f,~ 7l~ (4/5ths Vote Required: Yes _ No-L) REVIEWED BY: BACKGROUND: In fiscal year 2006-07, the Federal Highway Administration will provide $2.2 million in Federal local assistance funds through the Recreational Trails Program for the acquisition, development and rehabilitation of recreational trails in California. Through its Parks & Open Space Division, the City's Public Works Operations Department proposes applying to this program for grant funding to rehabilitate Rohr Park Recreational Trail. RECOMMENDATION: That Council adopt the resolution: . Authorizing the application and, if awarded, acceptance of a Recreational Trails Program grant; and . Authorizing the commitment of matching funds therefor; and . Naming the Mayor as the office authorized and empowered to execute a contract with the California Department of Parks and Recreation. BOARDS/COMMISSIONS: N/A DISCUSSION: The Recreational Trails Program was created by the Federal Highway Administration with Transportation Enhancement Act funds to promote active recreation in California and other states by supporting the construction and rehabilitation of recreational trails for non- motorized use by hikers, runners, and horseback riders. The City currently has a number of recreational trails throughout the City that are in need of significant improvements if we are to support the increased demands of a growing population. Community groups such as the Bonita Roadrunners, and cross country teams from Chula Vista and Otay Ranch High Schools have expressed an interest in seeing significant improvements to the facilities such as rehabilitation, fencing, and trailhead signage where none exists now. Rehabilitated trails would be expected to support the activities of both long-time users and attract new residents from neighboring communities. 14-1 Page 2, Item Meeting Date: 10/04/05 The recreational trail proposed for this rehabilitation project (see Attachment I) is a heavily used and heavily eroded urban trail. The 3.3-mile Rohr Park Recreational Trail circuits both Rohr Park and the Chula Vista Golf Course. 2.5 miles of the trail are in need of a complete overhaul due to increasingly heavy use in recent years by a rapidly growing population, and erosion damage from the unusually heavy winter rains of 2005. The City proposes to rehabilitate and stabilize the trail surface, upgrade fencing along both sides of the trail, add mile markers at Y.-mile intervals for cross-country runners and others, and upgrade way finding and interpretive signage at the trailhead for all recreational users. Pending the grant award process, construction is anticipated to begin in Summer 2006, with a completion date of February 2007. Grant guidelines specify a project performance period of four years from the date of the grant award. Proiect Costs: Estimated costs for the Rohr Park Recreational Trail project, totaling $321,393, are detailed in Attachment 2. To help fund the project, the City is planning to apply for a $237,393 Federal grant which, if awarded, will be administered by the Califomia State Department of Parks and Recreation. The grant requirements call for a minimum 20% City match with priority given to proposals with a higher match. Staff proposes that the City commit a 26% match of $84,000 in Residential Construction Tax ($12,000) and State of California Department of Parks & Recreation Per Capita Program Grant funds ($72,000). If the grant is awarded, staff will return to Council with a resolution executing a contract with the State Department of Parks and Recreation, creating the Capital Improvement Project (CIP), and appropriating the grant funds and the match. FISCAL IMPACT: There is no net impact to the General Fund from this action. The total estimated project cost of $321,393 to rehabilitate Rohr Park Recreational Trail would be met entirely by Federal and State grant funds and available Residential Construction Tax (RCT) funds. Any maintenance cost savings realized from the newly rehabilitated trail will be utilized for other required trail work. Attachments 1. Project Site Map 2. Project Cost Estimate 14-2 Attachment 1 Rohr Park Recreational Trail , ,/,.:,.~ ~. --, .....) \",..,.' PROJECT COST ESTIMATE Rohr Park Recreational Trail- City of Chula Vista Supply and install 2.5 miles 6' chain link fencing and posts 1,000 tons decomposed granite @ $23.00 per ton City labor to install 1,000 tons decomposed granite @ $30.00 per ton Supply and install 2,240 feet post & rail fencing @ $10.60 per linear foot Way finding signage, mile markers, trail head (interpretive) signage City labor to install signage CONSTRUCTION SUBTOTAL I $ Administration and Contingencies 15% i $ ! GRAND TOTAL! $ , Attachment 2 AMOUNT $ $ $ $ 200,000 23,000 30,000 23,744 1,500 1,228 i$ I 1$ 279,472 41,921 321,393 FUNDING SOURCES Local- Residential Construction Tax State - California State Parks Per Capita Grant Program (2000 Bond Act) TOTAL CONTRIBUTIONS $ % MATCH I $ $ 12,000 72,000 84,000 26% , GRANT AMOUNT REQUESTED i $ 14-4 RESOLUTION NO. 2005- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND, IF AWARDED, ACCEPTANCE OF A RECREATIONAL TRAILS PROGRAM GRANT FROM THE STATE OF CALIFORNIA FOR THE REHABILITATION OF ROHR PARK RECREATIONAL TRAIL; AND AUTHORIZING THE COMMITMENT OF MATCHING FUNDS THEREFOR WHEREAS, the Transportation Equity Act for the 21" Century provides funds to the State of California for grants to acquire, develop or maintain recreational trails; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility to govern the project application procedure and administer the grant program within the State of California; and WHEREAS, Chula Vista community groups and cross country teams have expressed an interest in seeing significant improvements to Chula Vista recreational trail facilities; and WHEREAS, the City proposes applying to the Recreational Trails Program for grant funding to rehabilitate the Rohr Park Recreational Trail; and WHEREAS, grant requirements call for the commitment of a minimum 20% local match; and WHEREAS, the applicant will enter into an agreement with the Sate of California to complete the project(s); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: I. Approve the filing of an application and, if awarded, acceptance of a Recreational Trails Program grant; and 2. Authorize the commitment of matching funds therefore; 3. Name the Mayor as the office authorized and empowered to execute a contract with the California Department of Parks and Recreation. Approved as to form by ~\~f~f~~ Ann Moore ' City Attorney Presented by Dave Byers Director of Public Works Operations J:\attomey\reso\ grant\pedestrian & equestrian trails 10 04 05 14-5 PAGE 1, ITEM NO.: MEETING DATE: IS- 10/04/05 CITY COUNCIL AGENDA STATEMENT COUNCIL RESOLUTION APPROVING THE 2005 HOLIDAY DECOR PROGRAM; AUTHORIZING WAIVING THE FORMAL BIDDING PROCESS; APPROPRIATING $48,400 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO PAY FOR THE PROGRAM; AWARDING A PURCHASE AGREEMENT TO DEKRALlTE INDUSTRIES; AND DIRECTING STAFF TO IMPLEMENT THE 2005 HOLIDAY DECOR PROGRAM SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ITEM TITLE: REVIEWED BY: CITY MANAGER "II BACKGROUND 4/5THS VOTE: YES 0 NO D The Holiday Decor Progrom was initiated in 1998 to provide a festive environment within the downtown core during the holiday season. At that time, a Request far Proposal (RFP) wos prepared ta salicit bids from specialty lighting and decoration companies. Dekra-Lite, a company based in Santa Ana, was selected due to their qualifications and experience, the excitement and quality of their design, and project cost. Dekra-Lite has since worked diligently with the City in implementing this popular progrom. For the past six years, the City has issued a purchase order to Dekra-Lite for continuing the program. This year the program is expanding which necessitates Council approval of a contract. Staff is requesting that Council waive the formal bid process and award a purchase agreement with Dekra- Lite ta implement the program, with an option to renew for subsequent holiday programs. This recommendation is based on the limited market for this type of service, Dekra-Lite's past satisfactory perfarmance, and because they have supplied the original holiday lights, displays, and banners. RECOMMENDATION Council adopt a resolution: 1. Approving the 2005 Holiday Decor Program; 2. Authorizing waiving the formal bidding process and awarding a purchase agreement to Dekra-Lite; 3. Appropriating $48,400 from the available balance of the General Fund to the supplies and services budget of the Community Development Department; and 4. Directing staff to implement the 2005 Haliday Decor Program. BOARDS/COMMISSIONS RECOMMENDATION N/A 15-1 PAGE 2, ITEM NO.: MEETING DATE: I t/. .':) 10/04/05 DISCUSSION The Holiday Decor Program is an ongoing effort undertaken by the Ci1y to celebrate the holiday season. Since the program's inception, Dekra-Lite has decorated the downtown area with a varie1y of colorful holiday decorations and thematic banners, including the lighting of three freeway overpasses at H Street at 1-5, and H Street and J Street at 1-805. New to this year's program is the installation of red and white garland on 22 palm trees along the F Street median between Third and Fourth Avenues. Due to the Civic Centre renovation that is currently underway, there will be no installation of holiday decorations within the Civic Center campus. Please also note that tonight's action does not include downtown tree lighting, which was previously approved by Council as a budgeted Capital Improvement Program. Dekra-Lite shall cantinue to supply, install, and maintain ambient lighting for the 95 trees located within the downtown core. The downtown holiday lighting and decorations are typically installed several weeks before the Starlight Yule Parade celebration, which usually tokes place on the first Saturday of December. Since Dekra-Lite's business centers on the holidays, their customers require the same installation dates, which requires Dekra-Lite to accommodate orders on a first come, first serve basis. As a result, it is important for the Ci1y to provide Dekra-Lite with a purchase order in October in order to secure installation dates. The Environmental Review Coordinator has reviewed the proposed activi1y for complionce with the California Environmental Quali1y Act (CEQA) and has determined that the activi1y is not a .Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(93) of the State CEQA Guidelines the activi1y is not subiect to CEQA. Thus, no environmentol review is necessary. FISCAL IMPACT The total cost to implement this year's program is $48,400, which is approximately $10,000 more than last year's program. The increase is due to the expansion of the program onto F Street, between Third and Fourth Avenues. The funding sources expended to implement previous Holiday Decor Programs have included the Town Centre Fine Arts Fund, the Residential Construction Tax (RCT) Fund, and the General Fund. Due to lack of construction activi1y last year in the Town Centre area, and due to the increased dedication of RCT funds for ci1y related improvement projects, there are no Fine Arts or RCT Funds available for this year's program. As a result, staff recommends that Council appropriate $48,400 from the available balance of the Ci1y's General Fund to pay for the cast of implementing the program. Since the pragram is an annual program, staff is also recommending that the cost to implement future programs be included in the baseline budget of the Communi1y Development Department. The following provides a break down of the costs associated with implementing the program. 15-2 DEKRA-LlTE PROPOSAL: Freewcy Overpass Lighting (3) Third Avenue Displcys and Decorations Memorial Park Displays and Decorations Public Parking Lot Banners and Decorations County Court Hause Displays and Decorations New Decor on F Street Cleaning of parking Jot, Third Avenue banners, bell pole decorctions, & tree pole decorations SUBTOTAL DEKRA.LlTE PROPOSAL APPLICABLE SALES TAX AND SHIPPING (7.7S%) SHIPPING SUBTOTAL TOTAL J,\COMMDEV\STAFF.REP\2005\ 10-04-05\2005 Holidcy Decor Progrom.doc 15-3 PAGE 3, ITEM NO.: MEETING DATE: Ie.( 10/04/05 PRODUCT COSTS 615 1,546 5,456 7,617 590 427 8,635 $48,383 LABOR! SERVICES COSTS 3,450 16,030 12,050 3,175 2,33S 1,738 970 39,748 (]) J [ (]) <t ~ ~ ---C ~ ~ L. CJ a.. - CJ .- L. o E ~ ~ , .- /- . . -. .-.^ 15-6 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2005 HOLIDAY DECOR PROGRAM; AUTHORIZING WAIVING THE FORMAL BIDDING PROCESS AND AWARDING A PURHASE AGREEMENT TO DEKRALlTE, INDUSTRIES; APPROPRIATING $48,400 FROM THE GENERAL FUND TO PAY FOR THE PROGRAM; AND DIRECTING STAFF TO IMPLEMENT THE 2005 HOLIDAY DECOR PROGRAM WHEREAS, the City of Chula Vista initiated the Holiday Decor Program in 1998 to provide a festive environment within the downtown core during the holiday season; and WHEREAS, a Request for Proposal was prepared to solicit bids from specialty lighting and decoration companies; and WHEREAS, in October 1998, Dekra-Lite Industries, a holiday lighting and decoration company based in Santa Ana, was selected due to their qualifications and experience, the excitement and quality of their design, and project cost; and WHEREAS, Dekra-Lite has since worked diligently with the City in implementing the Holiday Decor Program; and WHEREAS, for the last six years, the City issued a purchase order to Dekra-Lite to continue the Holiday Decor Program due to the limited market for this type of service, Dekra- Lite's past satisfactory performance, and because they had supplied the original decorations; and WHEREAS, additional business with Dekra-Lite requires Agency/Council approval; and WHEREAS, staff is requesting that Council waive the formal bidding process and award a purchase agreement to Dekra-Lite to implement the 2005 Holiday Decor Program, with the option to renew for subsequent holiday seasons; and WHEREAS, Council have reviewed the proposed 2005 Holiday Decor Program as presented in the Council Agenda Statement dated October 4, 2005; and 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(93) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the ,City Council of the City of Chula Vista does hereby: 1. Approve the 2005 Holiday Decor Program; and 2. Based on the facts set forth above, waive the formal bidding process as impractical under CVMC Section 2.56.070, and award a purchase agreement to Dekra-Lite Industries; and 3. Appropriate $48,400 from the General Fund to pay for the program; and 15-7 4. Direct staff to take all necessary and appropriate measures to implement the 2005 Holiday Decor Program. Laurie Madigan Director of Community Development Approved as to form by ~~) Q.Ann oore 6 J'T'eity Attorney Presented by 15-8 CITY COUNCIL AGENDA STATEMENT Item: J to Meeting Date: 1 0/4/05 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 Pl/ and Building (4/5ths vote: Yes_No lQ C. M if I yf. lty anager q f'- REVIEWED BY: DISCUSSION: At the meeting of August 23, 2005, this item was continued due to a lack of consensus by the Mayor and council members present at that meeting. Subsequently, the applicant has provided staff with a revised sign program specifically regarding building signage for Building D. This building is located near the southeast corner of the site with residential development to the east and south (across Otay Lakes Road). Due to concerns expressed at the meeting of August 23rd with signage facing towards the east and south, the applicant provided staff with a revised sign proposal for this building. The applicant has now removed the logo sign they originally proposed on the east side of the building. In addition, the applicant removed the two "off premise" signs on the south elevation facing Otay Lakes Road. However, one sign on the south elevation for secondary signage for the tower tenant is still being proposed. In addition, the applicant has not addressed the concern over the two logo signs flanking the entrance on the west elevation. Staff is of the opinion that, although the removal of certain signs by the applicant is certainly an improvement over the previous submittal, allowing signage on the south elevation could negatively impact residents located to the south across Otay Lakes Road. As mentioned at the meeting of August 23, 2005, staff [mds that the sign will be of minimal benefit to vehicles traveling along Otay Lakes Road due to being screened by existing and proposed landscaping along the slope areas. Although staff does not recommend it, we have included an alternative strike-out underline version of the Draft Resolution should Council desire to approve the revised sign program as presented by the applicant. This strike-out underline version of the Draft Resolution shows revisions to conditions 4 and B based upon the applicants revised proposal. We have also attached the Draft Resolution that supports staff's and the DRC's recommendation. In addition, since certain council members were absent from the meeting of August 23, 2005, staff has also attached the previous agenda statement. /? .' ..I_~ t I ~ . RECOMMENDATION: . . I Page No.2, Item: i 4 Meeting Date: 10/4/05 Adopt the Resolution presented to City Council on August 23,2005 (See Attachment 3) Attachments: 1. Page 6 of Building Signage portion of sign program (Latest Revision) 2. Building Signage Site Plan 3. Draft Resolution- Staff Recommendation 4. Alternative Draft Resolution-Applicants Proposal 5. AIl3 from meeting of August 23, 2006 ,/ .... IIP-...L... ATTACHMENT 1 PAGE 6 OF BUILDING PORTION OF SIGN PROGRAM (LASTEST REVISON FOR BUILDING "D") /(;-5 ~w<U ~>. ,m ::J~ ~f-"" :Z:Z ~ .~C" ~ :J:t u.. J z o ~ > w .... w :>: l- => o en oil I- en w ;;: ,.: en < w z ~ v; z o " ~ '" >= ffi " ~ z "' ffi ~ ~ ~ ~ ~ 1= ffi x 0 x~ z t;:CI.. ~c:: ~f= ;;a! 5 ~3: 38 v.>u:o ffi~ :3~t;:; 3:5 -'<Z 0-' a:L.L.ffi 1-5 01-< WID ~6;; 1=::t: ;=52: ~~ wo"' ~a:~ ~:;; <zw .-'1- ~~~~g;@ S!gt:u<<!z <l)a:!Xi!Oa:;;;: fi:n;;'S;:~~~ ~~if;;;UiJ~ 3u~!z~~ 3~ffi~!:2:=;: :!::i:Z<n?;:~ ~::E~~3:3 <~~g~~ ~~:;!~~~ ~~~~:~ o '" z is .... :;; '" :. o ~ ~ C ~ 1 2 ~ ! ~ ] :& " , - 'j~ :& a: ~~ !i , :& , ~t; ~ g <~ ;!;;<.:>z a.. >~o w ~;~ '" "' ~:e~ " ",0" 0 I <;;J3.J...L3l."ll Z<' ~ a:::ijz 0 .00 ;;;;o!~ :e /~ i, t '" ~ I~ w .... .. .... '" o '" 9 w :z: ::; '" ;: :0- w .... :c '" .. c ." .. ~ u W ... ~ .,; '" M U ~ ~ ~ > ~ is u . '" :;; c ~ y ,j '? ,., ~ I ~ = = N >-' ~ - .... ~ => '" => "" '" "" '" '" o '" ~ z '" in .... u 0; ~ ~ is z '" in w o w ~ :s .... ~ "" w c ." .. ~ u W ~ "S o ~ ~ M U ~ R ~ > R is z; .: -. m: ~~ "'~",---~. >- . . ~ ATTACHMENT 2 BUILDING SIGNAGE SITE PLAN I.~ ~ ~". -' :z :5 "- ... ..... m '> ~ '" ~ '" ~0 ~ ~S ... ~ ...:;: ~.;:: - = --" .~ t) => . = ~ ..~ .~ Cl:: => " ~ c .:< ~ ~ " - c :t5 ~~ '" ! '" '" ,. ." i% ,. -~j~ H , .. .", .= J!::l \ ~ "' '" '" .. '" "' ;;; .... " ii: .... ~ is '" "' ;;; "' o ~ ~ ~ '" '" '" ij " ~ '" :z '" :z g :z " " ;;; ~ ;;; '" '" ~ ... ~ ... " '" ~ '" ~ ~ Z' ~ ... , ... ~ ~: ... S -, " m; ~ '" :>! z (-~ - '" ,., " " 1\ I ^ "'~ 1iI---....J 11111 ~ . w ~ ATTACHMENT 3 DRAFT RESOLUTION STAFF RECOMMENDATION ..', ~') //0'/ RESOLUTION NO.2005- RESOLUTION OF THE CITY COUNCil.. OF THE CITY OF CHULA VISTA APPROVING MODIFICATIONS TO THE DESIGN REVIEW COMMITTEE APPROVED PLA.J.'fNED 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 (fonnerly 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-Q8) 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 r 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: 1) 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 Co=ittee 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 proj eet 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 -1,.-29 - li~.P --. ..-.- Resolution xxxxx Page 2 WHEREAS, the Sign Program currently under review by the City Council reflects certain changes, including deletions, .trom 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 pwposes 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 Proj ect. NOW THEREFORE BE IT RESOLVED that the City Council hereby fmd, determine and resolve as follows: II. COJ\1PLlANCE 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-OO-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 B 1 which prohibits 32 inch stacked letter height for primary tenant signs is hereby deleted. ~e- /0~9 Resolution xx:,<xx Page J 2. DRC Conditions B2 and B I I are modified and merged into one condition as fallows: Building signage an the west (rear), DOrth and south sides of Building E shill 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 calor, 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 modi.fied to read as fol1ows~ a. The proposed logo signs on the metal fayade of the west elevation of BJriJding D (identified as T 4a 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 illowed on the south and east elevation of BJrilding D (this includes bath tower tenant secondary signage as we!! as off-site secondary signage) 5. DRC Condition B6 restricting sign illumination to lurna haze channel letters is deleted. 6. DRC Condition B7 and B8 placing square footage restrictions an the use of tower tenant signs is deleted. 7. DRC Condition B9 is modified to read as follows: Applicant shaH 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 B 1 0 requiring corrections to elevations and sign numbering is deleted as the applicant has reformatted and revised the entire sign program. -14 31 Il~ - fl). . ,k"' .I (.. Resolution x.:'(x..u 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. INV ALIDITY; AUTOMATIC REVOCATION It is the intention of the City COIJIJcil 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 James D. Sandoval Director of PI arming and Building :J~.f ~. Ann Moor City Attorney ~Z'~.~ /ip-/I ATTACHMENT 4 AL TERNA TIVE DRAFT RESOLUTION APPLICANT'S PROPOSAL '" ," il'(r r .>",.t. .... ALTERNATIVE STRIKE-OUTIUNERLINE VERSION RESOLUTION NO. 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 (fonnerly 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 15,2005, 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: 1) 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 7, 2005 requesting this appeal be heard by the City Council; and /t".. :j Resolution xxxxx Page 2 WHEREAS, staff has worked with the applicant to reduce the number of areas of disagreement; and WHEREAS, the Sign Program being reviewed 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: /L~ . /L/ Resolution xxxxx Page 3 1. DRC Condition B I which prohibits 32 inch stacked letter height for primary tenant signs is hereby deleted. 2. DRC Condition B2 and B 11 have been 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 Condition B3 and 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 has been modified to read as follows~ a. The proposed loge signs on the meta! f[l~ade of the west elevation of Building D (identified as T1a and B on signage site plan) are not allo'....ea. They may Be replaced with nOIl iIIBffiinated logo plaeards flanking the store ontranee in proportion to the Background on whish they are applied. b. No wall signage is allowed on the south and east elevation of Building D (this includes Both tower tenant secoaaary signage as ',yell as off-site secondary signage). Onlv one sign shall be allowed on the south elevation facing Otav Lakes Road. Said sign shall be for tower tenant secondary signage onlv. 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 has be modified to read: 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 BIO requiring corrections to elevations and sign numbering IS deleted as the applicant has reformatted and revised the entire sign program. V. CONSEQUENCE OF FAILURE OF CONDlTlONS /" .i:" ~ ':..:.....! ,"""","' Resolution xxxxx Page 4 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 lio further in force or in effect. Presented By Approved as to form by James D. Sandoval Director of Planning and Building Ann Moore City Attorney /6-/0 ATTACHMENT 5 Al13 FROM MEETING OF AUGUST 23, 2005 /; . ~". , l' ,/ /,,-, -i / I i..Y" .' r CITY COUNCIL AGENDA STATEMENT Item: I L/- Meeting Date; 8/Z3/05 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. REVIEWED BY: RESOLUTION: Approving a Planned Sign Program for the Eastlake Design District. Director of Planning and BWldin~ (4/5ths vote: Yes_No ~ City Manager W SUBMITTED 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 of36 acres located between the northeast corner ofOtay 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-QO-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. -1'4-1' .~ /,~ /t'G- . ;".' -: Page No.2, Item: J i.f MeetinJl Date: 8/23/05 DISCUSSION: 1. Background The following is a chronological summary: . April 19, 2004- The City's Design ReviewCommittee(DRC) approved Phase I oftheEastLake 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, 2005-the City Council approved proposed amendments to the sign guidelines contained in the EastLake Business Center IT Supplemental SPAin order. to allow additional types and quantities of signs not allowed under the existing sign guidelines for the Business Center. · June 6, 2oo5-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, 2oo5-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 fium 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 BCI Vacant; corporate headquarter.; .:1-4''''2-- ;I' <.-:; /~r. . Page No.3, Item: .It} Meetin2 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 1) 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 3nJ, reflects this effort since the DRC hearing. Identification ofbuildings 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 (sitcphotos) 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. ~ /[/;., . .J 1.-'": / " Page No.4, Item: I if Meetinll 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 wi thin 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 IV4) Staff is concerned about signage facing residences in proximity to the project site, especially as this proj ect is located wi thin a business center rather than a commercial district. Figure 3 and 4 are copies of two photographs that exemplify staffs 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 IV 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. · Removal of the proposed "off-premise" signs (identified as P13a and Pl4 a) shown on the south elevation (see proposed condition IV4) 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 IV4) Staffbelieves these signs are unuecessary in light of the large sign which will occur ...11 4 /6 --2.;- Page No.5, Item: I ~ 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 reco=ends 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 (BII) 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 Staff's reco=endation: Staff has reexamined this request and reco=ends 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 N2) 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 =ove all reference to multiple signage. The sign program currently proposed by the applicant does not contain any reference to this type of signage. ~-5 /b -)).. ..-.-.--...--- - Page No.6, Item: Meetin!! Date: 8/23/05 ILl Staff recommendation: Staffis 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(l) 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 allowancc for stacked signs with a 32 inch height allowancc 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 spacc) bc allowed. (Proposed condition Nl recommends deletion of applicablc 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: Thc 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 signagc 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 wcst elevation. ~ It" .;) 6 Page No.7, Item; Meetin!! Date: 8/23/05 /y Staff's current reco=endation: 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 reco=ends that all reference to signage restrictions on tower elements that was tied to a minimum square footage oflease area be eliminated. (Proposed condition N6 recommends deletion of applicable DRC conditions). 3. Sign illumination: 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. Staff's recommendation: Staff is in concurrence with the appJicant 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. Staff's reco=endation: 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 1~ 7 /t } J.: /L".....'!'i.;t. .-- .-..-- Page No.8, Item: Meetin!! Date: 8/23/05 }J 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 staffstrongly 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:\PI...ing.c... Fil...-OS (FY 04-0S)\PSP-OS-08\Staff R.port>'.CCI STAFF REPORT CC DRAFT I 0 aug OS.doc -1-4-/t- /,( .) c:; /b:' . ". ATTACHMENTl ,', ~:' " / . " ,.....'.,\ /r,...-: __;.- __......,_ ' , ..... 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IEIT1]8L.S.:.l!J .,~ " ,~~".~" .'i'...,' .,"../;>..,', '_ ~, I' i n '-'-:'~ ";;t'n.l..:'~-\;:' ,....' .....' .",\_,,""-f--~..:.. IlL) 1::11'1,1:- = , '~..,~~-".:' ~~ < . '" '. --.- , , , , i' " '.. 'I: ,~I -', " ..., \. \ \ .', ~~~~~,:~. ....,,'..,., ,.,: .,,,. .~~;": r " '.':' ...</{\;~ /'.I1'~,', ":: LEGEND !:J Prcjectlocation LOCATOR MAP '+4-"9--' ~,..' , ',':J ...,) .,1 ATTACHMENT 2 Design Review Committee Conditions of Approval and Meeting Minutes for June 6, 2005 1.A:o :J..9-- " ,- .'p,' I ;f ..' v ~~./ -,---- ....- - 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 11 (General Tenant Signage) to remove signs G-lb 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 aU tower tenant signs use luma haza channel letters for sign illumination. 7. Add language which defmes 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. 34-11 /;: "," If'-:"'.'",-:'.~ .... ..\,' 1-. 11. Eliminate building signage on the west (rear) elevation of Building B shown on page 11 and 15. t.4 1-2- /b-~9 ATTACHMENT 2 DESIGN REVIEW COMITTE CONDITIONS OF APPROVAL AND MEETING MINUTES JUNE 6, 2005 -'l-4-'t3--" /6-30 - __'n'~ _ __ Design Review Committee Minutes -3- June 6. 200S 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. Caruccl stated that there were !'wo 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!'wo 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 plantings around the edge of the building. He also noticed the discrepancies be!'ween 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 ( AraizalAIberdi) (4.0) Approve DRC-QS-45 project as presented with conditions noted in draft Notice of Decision. Motion carried. 2. PSP-05-Q8 Western Sign Systemsllntemational Real Estate 851 Showroom Place Chura Vista. CA Desion review of a planned sian prooram for a 36-acre site located at the northeast comer 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 comer of the EastIake Business Center and its specifically J:\HOME\PLANNINGlROSEMARI5\ORC\MIN-6-6-()5 .14-'-1'40-' /10 - ~/ Design Review Committee Minutes -4- June 6. 2005 located in intersec~ons of Olay Lakes Road, Fenton Ave., and Showroom Place. The project was brought before the DRG at the meeting of May 16'n during which ~me the DRC approved the sign program with staffs recommendation not to include multipie tenant signs on the corner and only on.e 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 addi~onal 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 ~Jpes of monument signs depided by the letters A - 0 which representa~ve different types of signs. The monument sign consist of one sign proposed at the northeast interse~on 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 iden~fication signs and it will be located at five loca~ons. While the sign guidelines call for a maximum height of 7-feet,.!n order to get the increase spacing requested by staff the height is now proposed at B-feet g-inches. Monument sign type "D" 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 "8" 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'" showing the requested locations of the signs. Since that time the applicant had requested additional building signage for the corner towers and comer tower tenants of building "8" and for the interior tower tenants of building "A" which would now have the option of multiple tenant sign age. In general the tower tenants for single tenants may consist of a sign copy up to g-feet hi\Jh 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 of 30-feet. Prior to the meeting of May 16'" the applicant requested the option of having 3 multi tenant signs for the comer towers. Subsequent to the meeting of May 16'. 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 16'" the applicant proposed allowing secondary signs at the second side of the comer towers. Since that meeting the applicant is now reql1ested that a tenant tag line be allowed for the multi- tenant signage proposed for the interior towers. -. J:\HOME"'PLANN~NG\ROSE.\tARJE'.DRC\MIN-a-O-Q5 14-Hi /6 -3..L 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 intemal iIIuminatio.n. Staff is reco",!mending 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 form 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 8. 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 2.0,.0.0.0 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. 1.0. 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 ORC 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 ORC 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:\HOME\PLANNING\ROSEMARIElORC\MIN-6-6-OS 14~t6->... ~ " ~ ~ .- i/A '" ,-":~~,J I v 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 Eastiake 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. Staffs 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 Mestler 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. C J:\HOME'.PLANNING\ROSeMARIE\DRC'.MIN..o-o.GS H17 /G'3~' 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 staff's recommendations. Member Magallon concurred wit~ her colleagues:, Mr. David Lasage stated while he respected the DRC'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 concemed 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 aiong 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 Westem Sign, commented that in her opinion having a 30.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 concems about restricting the sign age to only luma haze because they couldn't do it on some of the signs. J:IHOME\PlANNINGIROSEMARIE\ORC\MIN.6.6-0S 14-18- . ''/ ') ,.,r.., " " ~ ......~ "") /~ ~,--- Design Review Committee Minutes -8- June 6. 2005 Mr. Schmitz said he felt that staff's concem 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 concemed staff. MSC (Alberdi/Mestler) (3-1) to approved PSP-05.QS project as presented with additional staff recommendations added to 1 B 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); S) 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; g) 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. ORC-Q4-69 o 0 Investments, Inc. (T-Rex Products) 2380 Fenton Street Chula Vista, CA The proiect proposes construction of a 31.367 so. ft.. 2- stPN. 35-ft. hiah. tilt-uc buildino with 50 carkinc spaces. The intended use is for coroorate offices. packaoino, assemblv. and warehousino. which will be conducted indoors. Staff Presentation: Mr. Richard Zumwalt, Associate Planner stated the T -Rex project is iocated on a vacant lot on 1.55-acres on the comer 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 builc:ing, 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 concems about the design of the project entry. The stone structures at the front of the buiiding appeared too narrow when compared to the height of the building, and the entry canopy could be made a littie 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 approvai hearing. The west elevations (south side) have been slightly modified to eliminate some of the windows and to provide a more uniformed~color scheme replacing J:\HOME\P~NNING\RDSEMARJ E\DRC\MIN-6-3-OS ""'11H - j;/ ') / !.. ..." {," ,::>..' ~ ~ w C1 ::r 3 CD ::J ~ ,.....z tcctl S. ~ 5:tc -. ::: ::s _. 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'''-'-'--~ . ,. ~ '"' N o g ~a,::.25-- //~ .-' ~-~-' /~. " - [J I"'"'";j b .., .r~,_ ~.J ["j E~ f',oi f ;: 'r' j T.j f .:i .. ... - Co 'C -", ~= ~:-l 0_ . :e.. f ,~ g =- ~'.. ! Ii' ~ ~~ ~~ ~ " Os: "- . :L S"~ a;;:! E': . ft Q- ~ '" - .. i~ .. , i' OJ ... ;;j ~ '" . ;r,"__, ".. '; .- ~ ~, , ." ATTACHMENT 6 OWNERSHIP DISCLOSURE FORM +4-~s---' " <:;:; -;,:'.~..::..'~ ~,-, - - ~\/~ -.- p-- --- P I ann 11 g & Building PI.1nnint; l)i....i~j(Jn Oeparlment DI:''c!IJpml'nt Pr'Jel'5sil11:; CITY or (HUlA V!5rA APPLICATIQN APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01. prior tc any action upon matters that will require discretionary action by the Council. Planning Commission and all other oCFiclaJ bodies of Ihe City. a statement of disclosure of certain ownership Of financiaJ Interests. payments. or campaign contributions for a City of Chu[a Vista election must be file~:1. The following information must be disclosed: 1. List the names 01 all persons having a financial interest in the property that is the subject of the application or tne contract, e.g.. owner. applicant. contractor. subconlractor. material supplier Michael A. Vogt 2.. If any person- identified pursuant to (1) above is a corporation or partnership, list the oames of aU individuals with a S2QQQ investment in the business (corporationJpartnership) entily. 3. If any person. identified pursuant to (1 J abo\le is a non-profit organization or trust. list the names or any person seMng as director of the non~profit orgar.ization or as trustee or beneficiary or tnJstor Qf the trust. 4 Please identify every person. inducting any agents, emptQyees, conSultants. or independent contractors you have assigned to represent you before the City in this matter. Michael A VOqt Gary P. Cino Michael Bennett 5. Has any person" assaciateCl with this contract had any financial dealings with an official.... of the City of Chula Vista as it relates to this contract within the pas112 months, Yas_ No-...!.- If Yes. briefly describe the nature Qf the nnancial interest the official.... may have in this contract. 6. Have you made a contribution of more Ihan $250 within the past twe(\le (12) months {O a current member of the Chula Vista City Council? No.3.. Yes _If yes. wnich Council member? -,-" r'lllllh ,\'."IHH" l llld,j " I~U (,1IiIlJllli.1 "1'1111 \,,1'" tl"I.';!!!1 '+4-a:1--- 1.,"9'>.: ."~ ,...--' ~((~ -~- ~---: -- --- p ( ann n ~ .& Building 1)!,1I1 r1in t: lJi Iii ~il]I' DepJrtment !)r:".fl'!lJpn;('nt Prr)t;r:5:iiI15 Clii' or CHULA YlsrA APPLICATION APPENDIX E Disclosure Statement - Page 2 7. Have you jjfOVlded mare than 5340 (or an item of equivalent value) to an official.. of the City of Ctlula Vista in Ihe past twelve (12) monthS? (This includes being a source of income. money to retire a legal debt. gift. loan. ete: Yes No..L Oat.: 6/1/05 Print or If Vas. which official.... and what was the nature of item provided? Person is defined as: any indivIdual. firm. co-partnership, joint venture. association. social club, fratema organization. corporation. estate. tru$t. receiver. syndicate, any olher county. cjty. municipality. district. or attlel poHtical subdivision. -or any other group or combination acting as a unit. OffICial inc!udes. but is Mot limited to: Mayer, Council member. Planning Commissioner. Member of a board commission. or committee of the City. employee. or staff members. .!-I, r"uiLh .\~,'nll'. l hlllol \ 1"1.1 t ,d"",nl,1 'tl'llll 'h I 'I' 11'11.:; 1 II I 4'4~~8~~>' /6 ;/0- -4 ' / ~ RESOLUTION NO.2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OlliLA VISTA APPROVING MODIFICATIONS TO THE DESIGN REVIEW COMMITTEE APPROVED Pl.AJ.'mED SIGN PROGRAM (pSP-05-0S) FOR THE EASTLAKE DESIGN DISTRICT. I. RECITALS A Proj ect 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 IT 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....l4f-- /!, . J./" / (;:- i I 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. COMPUANCE 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 Bl which prohibits 32 inch stacked letter height for primary tenant signs is hereby deleted. 44-30 ..-1 . ./..0> .~. / , Resolution xx;<xx 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 wi1! 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 14a 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 BI0 requiring corrections to elevations and sign numbering is deleted as the applicant has reformatted and revised the entire sign program. ~ . .. ,....,; /' ,:.J . c Resolution JC<xxx Page 4 V. CONSEQUENCE OF FAILURE OF CONTIITIONS 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. lNV ALIDITY; 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 fonn by James D. Sandoval Director of Planning and Building ::;~? 4A-. Ann Moor City Attorney 1~'~" ...~- /b -ff RESOLUTION NO.2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MODIFICATIONS TO THE DESIGN REVIEW COMMITTEE APPROVED PLA.'lNED SIGN PROGRAM (pSP-05-08) FOR THE EASTLAKE DESIGN DISTRICT. 1. RECITALS A Project Site WHEREAS, the areas of land which arc the subject of this Resolution are diagrammatically represented in Exhibit "A" and hereto incOIporated 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: I) 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 reco=ended 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 _:t4-2"9'~ /"~} /'^ . -'j / -.;;/ -, -. -...- 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 pwposes 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 fmd, detennine 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. ill. PSP FINDING/ AFPROY AL 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 AFPROY AL The approval of the sign program by the Design Review Committee is upheld subject to the following amended conditions:i 1. DRC Condition B 1 which prohibits 32 inch stacked letter height for primary tenant signs is hereby deleted. ..J.4--3tJ~ - - /6 '~I Resolution xxxxx Page 3 2. DRC Conditions B2 and B I I 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 foIIows~ 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 a1lowed 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 B 10 requiring corrections to elevations and sign numbering IS deleted as the applicant has reformatted and revised the entire sign program. ~y'-\ ~/. N 4:'.-;.,i., /' - '" Resolution X,.'{."(.'(x 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 slIall 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 :J~f 1frL. Ann Moor City Attorney James D. Sandoval Director of Planning and Building ~ . /6 -::53 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: Item: /7 Meeting Date: 10/04/05 PUBLIC HEARING: Otay Ranch General Development Plan (GDP) Amendment (PCM-04-18), OtayRanch Village Six Sectional Planning Area (SPA) Plan Amendment (PCM-04-l9), Zone Change (pCZ-06-02), and Revised Tentative Map (pCS-05-16) for a mixed-use village core located on both sides of East Palomar Road, between View Park Way and Magdalena Avenue - Otay Project, LP. ORDINANCE: Ordinance of the City Council approving an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use Districts Map. RESOLUTION: Resolution of the City Council approving an amendment to the Otay Ranch General D~velopment Plan (GDP) to allow additional residential development in Otay Ranch Village Six. RESOLUTION: Resolution ofthe City Council approving an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Site Utilization Plan Map. SUBMITTED BY: RESOLUTION: Resolution of the City Council approving and establishing conditions ofa tentative map to subdivide a 3.0-acre and a 3.7-acre parcel on each side of East Palomar Street in Village Six into a two-lot condominium map for 158 residential units. ~ Director of Planning and Buildin~ City Manager f ~ Jl~ (4/5 Vote: Yes_No..KJ REVIEWED BY: Otay Project, LP (Otay Ranch Company) proposes a mixed-use project in the Village Six Core along both sides of East Palomar Street, providing approximately 20,000-sq. ft. of ground floor commercial retail space on the south side and 20 live/work shopkeeper units on the north side. The project includes 158 for-sale condominium units on both sides of East Palomar Street between View Park Way and Magdalena A venue including units reserved for low-income households. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, 1S-04-035 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, IS- 04-035. 17-1 Page No.2, Item: 11 Meeting Date: 10/04/05 RECOMMENDATION: That the City Council approve the resolutions amending the Otay Ranch General Development Plan (GDP), Village Six Sectional Planning Area (SPA) Plan, Revised Tentative Map, and adopt the Zone Change Ordinance to approve a mixed-use project in the Village Six Core. BOARDS AND COMMISSION RECOMMENDATION: On September 14, 2005 the Planning Commission considered the proposal and voted 6 - 0 - I - 0 recommending that the City Council approve the three resolutions and ordinance. INTRODUCTION: The mixed-use project requires an Otay Ranch General Development Plan Amendment (GDP A), a Village Six Sectional Planning Area (SPA) Plan Amendment to the Site Utilization Plan Map, a Zone Change to the Planned Community (PC) District Regulations, and a revised Tentative Map for the creation of a 1 58-unit condominium map that would allow forresidential units on the 3.7-acre site current zoned Community Purpose Facility (CPF) along with the existing 3.0-acre Mixed-Use (MU) site. If the three amendments and the tentative map were approved, the project would then require a Design Review and a Final Map to be subsequently reviewed for approval. DISCUSSION: 1. Project Background The Otay Ranch General Development Plan was approved by the City Council in October 1993, and the Otay Ranch Village Six SPA Plan was approved in January 2002. The Otay Ranch Company applied for the GDP and SPA Amendments in June 2004. The original proposal was to provide mixed-use retail and residential condominiums on the existing 3.0-acre mixed-use site, and allow for condominium residential units on the 3.7-acre Community Purpose Facility (CPF) site across the street. The fundamental rationale was to provide the City with more market rate along with a number of income qualified affordable multi-family housing units. Staffresponded to the application in August 2004 with the request that the proposed project include a mixed-use component that included the northern site. It was suggested by staff that retail and/or live-work shop keeper units be incorporated into the town homes or stack flats proposed on the north side of East Palomar Street. The Planning Department held a community meeting on July 21, 2005 that was noticed to every resident and property owner within a 1,000-ft. radius of the project site, which includes approximately 50 percent of Village Six. The purpose of the meeting was to present the conceptual design and answer question about the projects mixed-use, the transit station proposed in the median of East Palomar Street between the two project sites, and the residential market rate and affordable housing components. 17-2 Page No.3, Item: I '1 Meeting Date: 10/04/05 2. Project Site Setting The project site consists of a 3-acre parcel on the south side of East Palomar Street and a 3.7-acre parcel on the north side of East Palomar Street in Otay Ranch Village Six. The project site is relatively flat and has been rough graded. The subject parcels are undeveloped and located on the on East Palomar Street between View Park Way and Magdalena Avenue. Street improvements are completed along East Palomar Street, View Park Way and Magdalena Avenue. Surrounding land uses consist of the following: North: South: East: West: atay Ranch Company Private Swim Club and Recreation Building Santa Venetia Neighborhood Park and Veterans Elementary School Neighborhoods R-IO and R-9B (Treviana and Monet Condominiums) Neighborhoods R-8 and R-7 (Mer Soliel and BeIJame Chateaux Condominiums) 3. General Plan Land Use and Zoning General Plan/General Development Plan: The City's General Plan and atay Ranch General Development Plan (GDP) designated the land within the atay VaIJey Parcel for urban viIJages that are transit-oriented and pedestrian friendly. atay Ranch viIJages are intended to contain higher residential densities and a variety of mixed-uses in the viIJage cores, surrounded by single-family homes in the secondary residential areas outside of the viIJage cores. The two parcels under consideration are located in the Village Six Core and propose higher residential densities and a variety of mixed-uses in conformance with the City's General Plan and atay Ranch General Development Plan (GDP). Zoning: The subject property is currently zoned Planned Community (PC), and within the Village Six SPA Plan Planned Community (PC) District Regulations the two parcels under consideration are designated on the Land Use Districts Plan Map as Community Purpose Facility "CPF" (3.7-acres) and Mixed Use "MU" (3.0-acres) and are described as Neighborhood Planning Areas CPF-l and MU-I on the Site Utilization Plan Map. Land Use: The two parcels under consideration are vacant, and aIJ of the neighborhood planning areas within both the atay Ranch Company's and the McMiIJin Company's tentative map portions ofVilJage Six have either been completed or are currently in the process of being developed under their respective single-family or multi-family final map approvals. 17-3 1;1 Page No.4, Item: . I Meeting Date: 10/04/05 4. Project Description The project proposes a mixed-use project in the Village Six Core along both sides of East Palomar Street, providing approximately 20,000-sq. ft. of ground floor commercial retail space on the south side and 20 live/work shopkeeper units on the north side. The project includes 158 for-sale condominium units on both sides of East Palomar Street between View Park Way and Magdalena Avenue including up to 65 units reserved for low-income households. As part of the proposal, the existing improvements along the north side of East Palomar Street will need to be removed and the existing above ground utilities serving will have to be relocated in order to widen East Palomar Street and allow for diagonal parking to occur in front of the 20 live-work units on the north side of East Palomar Street. Further refinement of the street improvement concept win be provided in the Design Review. Otay Ranch General Development Plan (GDP) Amendment: The Otay Ranch General Development Plan (GDP) Amendment (PCM-04-18) proposes revisions to GDP text and land use table for Village Six. Since Village Six is projected to be completed with 61 less units than the 2,232-units depicted in the land use table, the proposed amendment is to add 97- units to the total units shown in the Village Six Land Use Table in order to accommodate the proposed I 58-unit for-sale condominium project. Otay Ranch Village Six Sectional Planning Area (SPA) Plan Amendment: The Otay Ranch Village Six SPA Plan Amendment (PCM-04-19) proposes to amend the Site Utilization Plan Map by re-designating the 3.7-acre parcel on the north side of East Palomar Street from Community Purpose Facility (CPF-1) to Mixed-Use (MU-2). The amendment also proposes to re-designate a 1.5-acre portion of the existing 3.0-acre Mixed-Use (MU-l) parcel on the south side of East Palomar Street to Community Purpose Facility (CPF-3) to provide for a day care center. The existing 1.5-acre Private Swim Club and Park (CPF-J x) will be re-named CPF-J. Otay Ranch Village Six SPA Plan Planned Community (PC) District Zone Change: The Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Zone Change (PCZ-06-02) proposes to rezone the Land Use Districts Map byre-zoning the 3.7 -acre parcel on the north side of East Palomar Street from Community Purpose Facility (CPF) to a Mixed-Use (MU) site, and incorporating a 1.5-acre Community Purpose Facility (CPF) site within the existing 3.0-acre Mixed-Use (MU) site on the south side of East Palomar Street. Otay Ranch Village Six Otay Ranch Company Portion Revised Tentative Map: The Revised Tentative Map (PCS-05-16) is proposed to allow the sale ofl58 condominium units on the existing MU-I site and the proposed MU-2 site. 17-4 J .;1 Page No.5, Item: .,/ Meeting Date: 10/04/05 5. Staff Analysis Otay Ranch General Development Plan (GDP) Amendment: The application proposes to amend the General Development Plan (GDP) text and land use table for Village Six in order to allow for an additional 97 multi-family residential units over the previously approved 2,232 units for Village Six. The proposal would amend the Otay Ranch General Development Plan descriptions for Village Six with regards to the maximum multi-family and total residential units, as well as increase the total acreage of mixed-use and decrease the total acreage of community purpose facility acreage and increase the total approximate population. Although 158-units are proposed, the total number of units above the maximum 2,232 total units shown in the Village Six land use table would only increase by 97-units. The Final Maps for all residential neighborhood-planning areas built or nearly completed in Village Six show that there would be 61 less units built in the Otay Ranch Company portion of the village. As shown in the table below, revisions to individual neighborhood planning areas have changed from what the GDP and SPA Plan projected to be the actual number of units built: Village Six Residential GDP& Final Map Difference Neighborhood Areas: SPA Units: Units: il: Neighborhood R-I McMillin I05-sf lOl-sf -4 Neighborhood R-2A aRC 87 -sf 92-sf +5 Neighborhood R-2B aRC 115-sf lO6-sf -9 Neighborhood R-3 McMillin 159-sf 163-sf +4 Neighborhood R-4 McMillin 92-sf 92-sf 0 Neighborhood R-5 aRC 11 I-sf I06-sf -5 Neighborhood R-6 McMillin 126-sf 126-sf 0 Neighborhood R -7 A aRC 88-sf 90-mf +2 Neighborhood R-7B aRC 165-mf 201-mf +36 Neighborhood R-8 aRC 337-mf 293-mf -44 Neighborhood R-9A aRC 163-mf 188-mf +25 Neighborhood R-9B aRC 326-mf 255-mf -71 Neighborhood R-IO McMillin 212-mf 212-mf 0 S-2/R-II McMillin 146-sf O-sf -146 Sub-Total: McMillin 840 694 -146 Sub-Total: ORC 1,392 1,331 -61 Total Residential: V-6 2,232 2,025 -207 As seen in the above table, none of the McMillin Neighborhood units are affected by the proposaL This table does not include the 146 provisional units of the secondary limd use Neighborhood R-II that were not used by the Catholic Diocese for the primary land use Neighborhood S-2 for the 32.5- acre Mater Dei Catholic High SchooL Therefore, there are 61 less units built than were authorized 17-5 I {i Page No.6, Item: i , Meeting Date: 10/04/05 for the Otay Ranch Company, and so the Village Six land use table would only increase by 97 -units in order to build the 158 condominium units proposed. Otay Ranch Village Six Sectional Planning Area (SPA) Plan Amendment: The Village Six SPA Plan amendment proposes to amend the Site Utilization Plan map and table to allow for an overall reduction in Community Purpose Facility (CPF) acreage provided in Vi1lage Six while allowing an increase in overall residential units and population in Village Six. This reduction is acceptable because there is a surplus of CPF land in Village Six. Community Purpose Facility (CPF) acreage is based on the projected population for each village. 1.39-acres of CPF acreage per 1,000 persons projected population is required for each village. Population projections are based on 3.2 persons for each singje-familyunit and 255 persons for each multi-family unit. The Village Six land use table in the Qtay Ranch GDP showed a total of 990 single-family and 1,242 multi-family units, for a total population of 6,336 persons, which would require 8.8-acres ofCPF. The CPF obligation is met as shown in the following table: Current Villa e Six SPA Plan CPF Site Areas and Acrea e: Village Six Community Purpose Facility (CPF) Areas: Village Core Parcel Private Swim Club and Recreation Center (aRC) Mater Dei Parish Church Private Pedestrian Park (aRC) Private Pedestrian Park (McMillin) CPF Acrea e CPF-1 CPF-lx CPF-2 CPF-2bx CPF-3x Total Acreage: 3.7-Acres I.S-Acres 11.5-Acres 0.7-Acres 0.7-Acres I8.I-acres As shown in the above table, there is currently a surplus ofCPF acreage in Village Six. The Otay Ranch GDP and the Village Six SPA Plan requires 8.S-acres, and the total acreage provided is 18.1- acres. The CPF -2 site by itself provides more than the minimum required acreage by providing I 1.5- acres for the Mater Dei Catholic Parish Church. The proposal to add 97 units to the Village Six total unit count would add 247 persons to the approximate total population of Village Six, and the additional population would increase the total CPF requirement for Village Six to 9.14-acres. Therefore, the proposal to convert the 3.7-acre community purpose facility (CPF-I) site to mixed-use (MU-2) and then add a 1.5-acre CPF-3 site for a day care center to the existing MU-I site would only reduce the total CPF acreage in Village Six from IS.I-acres to IS.9-acres, so there will sti1l be a surplus ofCPF acreage in Village Six. Otay Ranch Village Six SPA Plan Planned Community (PC) District Zone Change: The proposed rezone only affects the Planned Community (PC) District Regulations Land Use Districts Map. There are no proposed changes to the zoning regulations. The zone change is to the 3. 7-acre parcel on the north side of East Palomar Street from Community Purpose Facility (CPF) to a Mixed-Use (MU) site, and the incorporation of a 1.5-acre Community Purpose Facility (CPF) site within the existing 3.0-acre Mixed-Use (MU) site on the south side of East Palomar Street. 17-6 Page No.7, Item: Meeting Date: 10/04/05 fr'1 Otay Ranch Village Six Otay Ranch Company Portion Revised Tentative Map: The Revised Tentative Map allows the proposed MU-2 mixed-use site and the existingMU-I mixed- use site to be considered as a two-lot 158-unit condominium map, subject to the approval ofa Final Condominium Map. Based on the environmental assessment, it does not appear that the addition of I 58-units into the village core will have an adverse impact or cause impacts that cannot be mitigated. There are a total of nine mitigation measures that are incorporated in the tentative map resolution's environmental condition, which will be addressed at appropriate stages in the development ofproject, such as when grading and building permits are to be issued. The Environmental Section determined that the project would require a Mitigated Negative Declaration (MND) and the applicant was required to prepare a Supplementary Air Quality Report, Noise Report, Drainage/Water Quality Report, Sewer Service Report, and Traffic Impact Study. The Housing Division supports the inclusion of affordable for-sale condominiums at this location. The number of units that would be income qualified is to be determined as part of the affordable housing plans that the developer is preparing in fulfillment of such obligations for Villages Six, Seven and future Village Two. It is anticipated that up to 65 units will be provided as affordable for sale condominiums and would be mixed into all ofthe residential buildings on both project sites. Other conditions of approval require that parkland dedication and development fees be made or paid as necessary when building permits are issued to address the introduction of new multi-family units. Engineering conditions address requirements of the tentative map as well as the sewer, storm water management requirements that will be made of the project when the condominium map is fully established in the Final Map and improvement plans. The addition of the I 58-units will be harmonious with the surrounding residential densities of the multi-family neighborhoods in the village core areas. As the center ofthe village core, the density will be comparable to adjacent project densities. The following table compares the density of the proposed mixed-use 158-condominium project with multi-family neighborhood developments located adjacent to the two sites in the village core area: Multi-Family Neighborhood: Total Units: Acreage: Density: Neighborhood R-7A: 90-units 7.0-acres 7.0-du/ac Neighborhood R - 7B: 201-units 10.8-acres 18.6-du/ac Neighborhood R-8: 293-units II. 7 -acres 25.0-du/ac Neighborhood R-9A: I 88-units 21.8-acres 8.6-du/ac Neighborhood R-9B: 255-units 12.7-acres 20.I-du/ac Neighborhood R-I 0: 212-units 12.I-acres 17.5-du/ac Proposed on MU-l and MU-2: 158-units 6.7-acres 23.6-du/ac Totals 1 Average: 1,397-units 82.8-acres 16.9-du/ac 17-7 Page No.8, Item: 11 Meeting Date: 10/04/05 It is expected that the design will be high quality and will provide landmark architectural elements as required by the Village Six Design Plan and Master Precise Plan for the Village Core. The development must also comply with the applicable multi-family zoning standards of the Planned Community District Regulations. The building height requirement for medium high-density multi-family development is 4-story maximum or 60-ft. The architectural theme of the village is European or French Countryside and the conceptual site plan and design elevations show a three-story profile incorporating gable windows within a high pitch mansard roof element. These conceptual design elevations were presented at a Community meeting held July 21st and will also be provided as part of the presentation of this proj ect. If the amendments, zone change and tentative map are approved, the Planning and Building Department may commence the design review process for the actual development project. The project will require site plan and architectural approval by the Design Review Committee. Commercial retail and live-work unit business uses must comply with the Planned Community District Regulations. CONCLUSION: Staffbelieves that the proposed amendments to the Otay Ranch General Development Plan, Village Six SPA Plan Site Utilization Map, Zone Change to the Village Six Planned Community (PC) District Regulations Land Use Districts Map, and Revised Tentative Map are consistent with the Otay Ranch GDP policies and the Chula Vista General Plan, and recommends approval of the applications. FISCAL IMPACT:. There are no fiscal impacts from the preparation of this staff report and the processing of this Otay Ranch Village Six Sectional Planning Area (SPA) Plan Amendment. All costs are covered by the existing processing agreement and deposit accounts. In addition, this amendment makes no changes to the Public Facilities and Financing Plan (pFFP) for public infrastructure improvements required in support of the uses proposed in the Otay Ranch Village Six Sectional Planning Area (SPA) Plan, in accordance with the requirements of the City's subdivision polices and regulations. ATTACHMENTS: I. Village Six Locator Map 2. Mitigated Negative Declaration (lS-04-035) 3. Application and Disclosure Statement 4. Planning Commission Resolution No. PCM-04-18 J :\PLANNINGIHAROLDI V -6MIXED-USECCREPORT -A.DOC 17-8 \/. ~'I.-~ {/J ~~ o IJ] ;;r-r-,." ,f;~ .![fjjjj ~ 80 ~ C r Wt~ Swim Clu' an. R-9B -:;:;:::'\ L(!5 NORTH , S-1 Veteran s Elementary School /7~7 Mitigated Negative Declaration PROJECT NAME: Otay Ranch Vi1Iage Six Mixed-Use Project PROJECT LOCATION: East Palomar Street between View Park Way and Magdalena Avenue. ASSESSOR'S PARCEL NO.: 643-051-23 and 643-051-24 PROJECT APPLICANT: OtayProject L.P. CASE NO.: IS-04-035 DATE OF DRAFT DOCUMENT: July 29,2005 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: August 29, 2005 DATE OF FINAL DOCUMENT: September 7, 2005 Prepared by: Mary Venables, Associate Planner/GreenStar Coordinator A Proiect Setting The project site consists of two vacant undeveloped properties, a 3-acre parcel and a 3.7-acre parcel in Vi1Iage Six of the Otay Ranch Planned Community. The subject parcels are located on the north and south sides of East Palomar Street between View Park Way and Magdalena Avenue. (Refer to Exhibit A- Location Map). The project site is relatively flat and has been rough graded. Frontage roadway improvements are completed along East Palomar Street, View Park Way and Magdalena Avenue. Land uses surrounding the project site consist of the following: North: South: East: West: Neighborhood pool & recreation facility Park and school Multi-family residential with NE portion under construction. Multi-family residential B. Pro; ect Description The proposal consists of an amendment to the Otay Ranch General Development Plan (GDP) to increase the total number of authorized units in Village Six by approximately 97 units. Also included is a request to amend the Otay Ranch Village Six Sectional Planning Area (SPA) Plan to rezone the existing 3.7-acre Community Purpose Facility (CPF-I) site to Mixed-Use (MU-2) and to add a 1.5-acre CPF site (CPF-3) within the existing MU-I parcel to permit the development of 158 for-sale condominiums, including live/work units and approximately 20,000 square feet of ground floor commercial retail space. In addition, a Tentative Map (TM) revision to allocate the residential units for condominium sales I 17-10 including a portion to be reserved as affordable for purchase by low-income households is a part of the proposal. Prior Approvals and Environmental Documentation The Otay Ranch General Development Plan/SRP Program Final EIR. (EIR. 90-01) and the Sphere of Influence Update EIR. have previously addressed the development of Village Six. The Otay Ranch Program EIR. was certified by the City Council and San Diego County Board of Supervisors on October 28,1993. The City of Chula Vista certified the Sphere of Influence Update EIR. and Mitigation Monitoring Program on March 21, 1995. A Second Tier Environmental hnpact Report (FEIR. 98-01) addressed the adoption of a Sectional Planning Area Plan for Village Six of the Otay Ranch. The impact area considered in this EIR. totaled approximately 443 acres; this included 386 acres within the Village Six project area and 56.3 acres in two borrow/storage areas. The City of Chula Vista certified the Final Second Tier EIR. and Mitigation Monitoring Program in December 2001. Environmental review for the proposed project has been required to address any potential environmental impacts beyond those originally anticipated in the Village Six EIR.. This document is a tiered environmental document to the Village Six FEIR. 98-01. The project proposal involves an increase in the total number of authorized units in Village Six from 2,086 units to 2,183 units. This represents an increase of 97 dwelling units that were not analyzed in the certified EIR. for the Otay Ranch Vil1age Six and SPA. In the previous environmental document, FEIR. 98-01, the 3.7-acre parcel was designated a Community Purpose Facility (CPF) site and the 3-acre site a Mixed-Use site. In order to implement the project proposal, a rezone of the 3.7-acre CPF site to Mixed-Use is necessary. C. Compliance with Zoning and Plans The site is located within the Otay Ranch General Development Plan with a Land Use Designation of LMV (Low-Medium Village Density Residential) and CPF-1 & MU-1 (Community Purpose Facility & Mixed Use) in the Planned Community (PC) Zone. The project is consistent with the regulations of the PC Zone and with the LMV General Plan designation. The project requires the approval of amendments to the Otay Ranch General Development Plan (GDP) and Otay Ranch Village Six Sectional Planning Area (SPA) Plan, and a Tentative Map revision by the Planning Commission and City Council. D. Public Comments On May 12, 2005, a Notice of Initial Study was circulated to property owners within a 500- foot radius of the project site. The public comment period ended on May 23, 2005. Staff received 7 verbal communications and 2 written communications from residents of the surrounding area. The majority of the public comments focused on the potential impact of affordable housing on property values, as well as traffic congestion, parking and increased density. The traffic issues are addressed in the technical study noted below. 2 17-11 On August 5. 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 propertv owners and residents within a 500-foot radius of the proiect site. The 30-day public comment period closed on September 5. 2005. No written comments were received from the public. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) determined that the proposed project may have potential significant environmental impacts however; mitigation measures have been incorporated into the project to reduce these impacts to less than significant leveL This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State of California Quality Act (CEQA) Guidelines. Air Ouality The proposed project site is located in the San Diego Air Basin (SDAB). To assess the potential air quality impacts ofthe proposed amendment to the Otay Ranch GDP and Village Six SPA, Dtay Ranch Village Six SPA Amendment; Supplementary Air Quality Report was prepared by EDAW Inc., dated June 15,2005. The results of this analysis are summarized below: Short-term Impacts The proposed project will result in an increase in air pollutants during the construction phase of the project. Fugitive dust would be created during grading and construction activities. Although air quality impacts resulting from construction-related operations are potentially significant, they are considered short-term in duration since construction-related activities are a relatively short-term activity. Dust control measures implemented during grading operations would be regulated in accordance with the rules and regulations of the County of San Diego Air Pollution Control District (APCD) and the California Air Resources Board. FEIR 98-01 identified significant temporary equipment exhaust emissions resulting from the construction of the Village Six SPA and mitigation measures 5.11-1 were required to mitigate short-term construction related air quality impacts to below a level of less than significant. These mitigation measures will be implemented during construction and placed as notes on all grading plans for development within Village Six to lessen short term impacts to a level ofless than significant. Long-term Impacts Regional Air Quality The Supplementary Air Quality report determined mobile source emissions calculated for the proposed project would result in a minimal increase in pollutants above what was evaluated in FEIR 98-01. The project air quality study projected a less than 10 percent increase in pollutants with the proposed condominium and mixed-use land uses. As indicated in the air 3 17-12 quality report, regional air quality conditions are likely to improve due to improvements in vehicle manufacturing standards. Regional impacts to air quality would be less than significant. Local Emissions According to the Supplementary Air Quality report carbon monoxide (CO) "hot spots" would not occur as a result of the proposal since there are no severely congested intersections in the project site that would at operate at LOS E or F needed to result in hot spots. No significant local emission impacts were identified in FEIR 98-01 Hvdrology and Water Oualitv To assess the potential hydrology, drainage and water quality impacts of the proposal, Otay Ranch Village 6 GDPISPA Plan Amendment DrainagelWater Quality Memorandum, dated March 23, 2005 was prepared by Hunsaker & Associates. The results of this analysis are sununarized below. Onsite Hydrology The onsite hydrologic analysis indicates that the proposed project will generate a minimal change in runoff from the anticipated flows reported in FEIR 98-01. The Drainage/Water Quality memorandum indicates that the change in flow would not result in significant impacts to the storm drain system. The onsite storm drain facilities would adequately accommodate the projected flow. Offsite Hydrology In the Addendum to Master Drainage Study for Poggi Canyon Channel, prepared by Hunsaker & Associates and dated March 24, 2004, the project site was considered commercial land use with a higher projected runoff than the proposed project. The current offsite analysis for the proposed project indicates a decrease in flows to the Poggi Canyon Channel due to the change in land use thus resulting in a reduction in the impact previously anticipated. Water Quality Runoff from the project site is proposed to be routed to a storm water treatment unit located north of the site within Village 6. This downstream treatment unit would adequately accommodate the flow generated by the proposed proj ect. The City's Storm Water Management Standards and the adopted Standard Urban Storm Water Mitigation Plan (SUSMP) require the project applicant to prepare a Water Quality Technical Report (wQTR) prior to submittal of grading plans. In compliance with the SUSMP the WQTR identifies pollutants of concern, incorporating on-site Best Management Practices (BMP's) and long-term maintenance provisions. 4 17-13 These mitigation measures include the approval of a detailed drainage study prior to issuance of a grading permit, submittal of a Storm Water Pollution Prevention Plan (SWPPP), erosion control measures on all disturbed areas, plus erosion control measures in place during winter and spring months for the' undisturbed areas, and treatment of urban pollutants. As a result of compliance with these measures the impacts are mitigated to a level less than significant. Noise To assess the potential noise impacts of the project, a supplementary noise report was prepared by EDAW Inc., Otay Ranch Village Six SPA Amendment: Supplementary Noise Report, dated June 15, 2005. The results of this analysis are summarized below. Construction Noise Construction activities have the potential to cause short-term noise impacts to noise-sensitive uses adjacent to the project site (i.e., single family residences). Noise produced by construction equipment varies substantially depending upon the type of equipment being used and its operation and maintenance. Due to the presence of residential development in adjacent and surrounding areas of the project site, the provisions of the Chula Vista Municipal Code, Section 17.24.050(J), regarding construction rioise applies to the project. This requirement would ensure that residents are not disturbed by construction noise during the most noise sensitive periods of the day. Noise-Land Use Compatibility The land use compatibility noise standard of 65 Community Noise Equivalent Level (CNEL) was used in the noise analysis presented in FEIR 98-01 and the Supplementary Noise Report. The Supplementary Noise Report determined that the traffic noise level to the residences north and south of East Palomar Street on View Park Way would be 59 dBA CNEL and the traffic noise to those residences on Magdalena Avenue south of East Palomar would be 62 dBA CNEL. Traffic noise levels at the edge of the right of way of the project site on East Palomar Street are projected at 65 dBA CNEL. The noise level threshold of significance will not be exceeded and no significant noise impacts will occur and no additional mitigation measures would be required beyond those measures contained in FEIR 98-01. In conformance with the Village Six FEIR 98-01, the applicant will be required to submit an acoustical study demonstrating that exterior areas are below the 65 CNEL threshold. The proposal includes approximately 17,000 square feet of ground floor commercial retail space that may contain HV AC equipment. Mitigation measures in FEIR 98-01 require that noise levels from HVAC equipment shall not exceed the City's Noise Ordinance Standards. The mitigation measure also requires preparation of a report demonstrating that the HV AC equipment is designed to insure compliance with the noise standards prior to approval of building permits. Mitigation Measure 5.12.3 in FEIR 98-01 will mitigate the impact to a level less than significant. Interior Noise 5 17-14 The State Uniform Building Code specifies that an interior noise study must be prepared whenever an exterior noise level at a multi-family residential unit is anticipated to exceed 60 . CNEL. The noise study must demonstrate the structures are designed to limit interior noise levels to no more than 45 CNEL. Mitigation Measure 5.12-lc ofFEIR 98-01 requires such a noise study and thus would also apply to residences proposed on East Palomar Street between View Park Way and Magdalena Avenues and on Magdalena Avenue south of East Palomar Street. Implementation of this mitigation measure would mitigate interior noise impacts to a less than significant level. Traffic/Circulation To assess the potential traffic/circulation impacts of the project, a traffic impact analysis was prepared by Wilson & Company, Otay Ranch - Village Six Mixed Use Affordable/Market Housing Project Traffic Impact Study, dated June 9, 2005. As indicated in the project traffic study, trip generation for the project was determined by adjusting the previously planned community facilities land uses and incorporating the proposed 158 units. The project proposal is estimated to generate an additional I, 108 daily trips; including 93 AM peak hour trips and 115 PM peak hour trips. Roadway Segment Analysis Level of Service (LOS) analyses for nineteen key study area roadway segments determined that all would operate at LOS C or better with the exception of Magdalena Avenue, between Cobblecreek Street and Wellbrook Street and Magdalena Avenue between Wellbrook Street and East Palomar Street. These segments would operate at a LOS D, which is consistent with the City's traffic threshold and the Otay Ranch GDP Village Street System Policies and Mobility Objective. Therefore, the segment impact is considered not significant. Intersection Analysis The traffic impact study analyzed twelve key study area intersections. The intersection at East Palomar Street and View Park Way is the only study area intersection projected to operate at an unacceptable LOS. All other study area intersections would operate at LOS C or better. The additional traffic created by the proposed project would cause a cumulative impact at East Palomar Street and View Park Way; therefore, a mitigation measure would be required at this location. In order to ensure an acceptable LOS, signalization at East Palomar Street and View Park Way is required as a mitigation measure. Site Access Access to the project site is proposed by means of five stop-controlled driveways, three along View Park Way and two along Magdalena Avenue. All project driveways would operate at acceptable levels of service and will be designed in accordance with City standards. Utilities and Service Svstems Gtay Ranch Village 6 Sewer Service Memorandum prepared by Dexter Wilson Engineering, Inc., dated April 19, 2005 provided an assessment of the onsite and offsite sewer facilities for 6 17-15 the proposed project. The project proposal will result in an increase in the average daily sewage flow of 18,440 gallons per day, approximately 70 additional EDUs beyond that which was originally estimated for the project site and considered in FEIR 98-01. According to the City's Engineering Department, the onsite 8-inch gravity sewer line can fully accommodate the proposed increase in sewage flow. No impacts are anticipated. The offsite sewer analysis determined that upon completion of Reach 205 of the Poggi Canyon Interceptor, the system will have adequate capacity to serve the total committed EDU's plus the additional 70 EDU's rrom the Village 6 Mixed Use project. The Engineering Department has indicated that project specific construction and building permits are contingent upon completion of Reach 205 of the Poggi Canyon Interceptor project, which is currently underway at this time. A mitigation measure stipulating completion would mitigate offsite sewer impacts to less than significant. F. Mitigation Necessary to Avoid Significant Impacts The following mitigation measures shall be made conditions of project approval where appropriate and/or shall be shown on all applicable demolition, grading, and building plans as details, notes, or as otherwise appropriate. Air Qualitv 1. The following mitigation measures shall be implemented during construction and placed as notes on all grading plans: a) Minimize simultaneous operation of multiple construction equipment units b) Use low pollutant-emitting construction equipment c) Use electrical construction equipment as practical d) Use catalytic reduction for gasoline-powered equipment e) Use injection timing retard for diesel-powered equipment f) Water the construction area twice daily to minimize fugitive dust g) Stabilize graded areas as quickly as possible to minimize fugitive dust h) Pave permanent roads a quickly as possible to minimize dust i) Use electricity rrom power poles instead of temporary generators during building, if available j) Apply chemical stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry k) Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads 1) Remove any visible track-out into traveled public streets within 30minutes of occurrence m) Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred n) Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads 0) Cover haul trucks or maintain at least 12 inches of rreeboard to reduce blow-off during hauling p) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour 7 17-16 Hvdrologv and Water Qualitv 2. Prior to the issuance of a grading pennit, the City Engineer shall verify that the grading or construction plans comply with the provisions of California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to construction related and pennanent, post-construction water quality best management practices (B:MPs). 3. Prior to the issuance of a grading pennit, temporary desilting and erosion control devices shall be installed. Protective devices will be provided at every stonn drain inlet to prevent sediment from entering the stonn drain system. These measures shall be reflected in the grading and improvement plans to the satisfaction of the City Engineer. Noise 4. Pursuant to Section 17.24.050(J) of the Chula Vista Municipal Code, project-related construction activities shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturdays and Sundays. 5. Prior to proj ect grading the applicant shall submit an acoustical study for approval by the Director of Planning and Building, which demonstrates that barriers or setbacks have been incorporated into the project design, such that noise exposure to residential receivers placed in useable exterior areas ar below 65dB CNEL. 6. Prior to issuance of building pennits the applicant shall submit an interior acoustical study for approval by the Director of Planning and Building for those residential units anticipated to exceed 60 CNEL, as identified in the Otay Ranch Village Six SPA Amendment; Supplementary Noise Report dated June 15, 2005. In confonnance with the State Unifonn Building Code, the required noise study shall demonstrate that the structures are designed such that interior noise levels, due to exterior sources, will be at or below 45 CNEL. 7. Prior to approval of building permits for commercial development, a report shall be prepared demonstrating that HV AC equipment is designed to insure that noise levels from the equipment will not exceed the City ofChula Vista's Noise Ordinance Standards. Traffic 8. The applicant shall install a fully activated traffic signal at the intersection of East Palomar Street and View Park Way. The signal shall be installed at the direction of the City Engineer in conjunction with the construction pennit for the proposed East Palomar Street modifications. Utilities and Service Svstems 9. Prior to final map approval, the City Engineer shall be satisfied that the Poggi Canyon Interceptor has adequate capacity to handle interim projected sewage flows or necessary upgrades to Reach 205 of the Poggi Canyon Interceptor are completed. 8 17-17 G. Consultation 1. Individuals and Organizations City of Chula Vista: Marisa Lundstedt, Planning and Building Rick Rosaler, Planning and Building Harold Phelps, Planning and Building Mary Venables, Planning and Bulding Frank Rivera, Engineering Samir Nuhaily, Engineering Dave Kaplan, Engineering Dino Serafini, Engineering Khosro Aminpour Beth Chopp, Engineering Mark Caro, Parks and Recreation Applicant/Property Owner: Otay Proj ect L.P. Others: Otay Water District Chula Vista Elementary School District Charly Bull and David Gottfredson, RECON 2. Documents The following documents are available for review at the City of Chula Vista, 276 Fourth Avenue: City of Chula Vista General Plan, 1989 (as amended) Title 19, Chula Vista Municipal Code Otay Ranch Village Six Sectional Planning Area (SPA) Plan Final Second Tier Environmental Impact Report 98-01, December 2001 Otay Ranch Village Six SPA Amendment; Supplementary Air Quality Report, EDA W, June 15,2005 Otay Ranch Village Six SPA Amendment; Supplementary Noise Report, EDA W, June 15,2005 9 17-18 Otay Ranch Village 6 GDP/SPA Plan Amendment DrainagefWater Quality Memorandum, Hunsaker & Associates, March 23,2005 Otay Ranch Village 6 Mixed Use Project Sewer Service Memorandum, Dexter Wilson Engineering, April 19, 2005 Otay Ranch - Village Six Mixed Use AffordablelMarket Housing Project Traffic hnpact Study, Wilson & Company, June 9, 2005 Initial Study This environmental determination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available ITom the ChuJa Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. /r;~Jlt?~~. Marilyn R. F. Ponseggi Environmental Review Coordinator Date: q/3//)~ I , J:\PlanningWaryV\V -6\IS-04-035~D.doc 10 17-19 R9B c~ C!5 NORTH -", ) .,."- ~ ~ " " s. c CD Cf> 1" rv '" Exhibit A ATTACHMENT A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Otav Ranch Villafle Six Mixed-Use Proiect. IS-04-035. This Mitigation Monitoring and Reporting Program has been prepared by the City ofChula Vista in conjunction with the proposed Otay Ranch Village Six Mixed-Use project. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration (IS-04-035) 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 for Mitigated Negative Declarations. AB 3180 requires monitoring of potentially significant and/or significant enviromnental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Air Quality 2. Hydrology and Water Quality 3. Noise 4. Traffic 5. Utilities and Service Systems MONITORING PROGRAM Due to the nature of the enviromnental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator, and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions ofthe Mitigation Monitoring and Reporting Program are met to the satisfaction of the Enviromnental Review Coordinator and City Engineer. Evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-04-035 shall be provided by the applicant to the Enviromnental Review Coordinator and City Engineer. The Enviromnental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration 1S-04-035, which will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. 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U Q) a:~~~E o o "0 :0 is: rc ::;; :;; "' '" o .;. o o o :> 5 '" '" ::;; 0, .~ c c '" g; /7' ;(1 oi ENVIRONMENTAL CHECKLIST FORM ~'ft.. ~f - - OTYOF CHUIA VISfA 1. Name of Proponent: Otay Project L.P. 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department . 276 Fourth Avenue Chula Vista, CA 91910 3. Addresses and Phone Number of Proponent: 610 W. Ash Street, Suite 1500 San Diego, CA 92101 4. Name of Proposal: Otay Ranch Village Six Mixed-Use Project 5. Date of Checklist: July 29, 2005 6. Case No. IS-04-035 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Tban With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic 0 0 . 0 vista? b) Substantially damage scemc resources, 0 0 0 . incl uding, but not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual 0 0 0 . character or quality of the site and its surroundings? I 17-25 d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Potentially Significant Less Than With Significant l'IIitigation Significant No Impact Impact Incorporated Impact 0 0 . 0 Issu es: Comments: a-c) The subject site contains no scenic resources, vistas or views open to the public, and is not in proximity to a state scenic highway. The project is compatible with the existing residential and village core land uses and would not degrade the visual character of the site or its surroundings. d) The project will result in a source oflight or glare similar to what was anticipated in FEIR 98- 01. hnpacts to day or nighttime views would be less than significant. Mitie:ation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or 0 0 0 . Farmland of Statewide hnportance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural 0 0 0 . use, or a Williamson Act contract? c) Involve other changes III the existing 0 0 0 . environment, which, due to their location or nature, could result III conversIOn of Farmland, to non-agricultural use? 2 17-26 Issues: Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact a-c) The project site was identified as a future conununity purpose facility site in the Otay Ranch Village Six SPA and EIR. The Final Second Tier Environmental hnpact Report (FEIR 98-01) contains appropriate mitigation measures to reduce significant agricultural impacts between urban uses and agriculture operations. The agricultural plan included in the Village Six SPA Plan contains measures including buffers, vegetation shielding, notification to adjacent property owners, and fencing. The proposed project is required to be in compliance with the applicable mitigation measures and no further agricultural impacts are created as a result of the proposed proj ecl. Miti!!ation: No mitigation measures are required. III. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? 3 17-27 o . o o . o o o o . o o o . o o o . o o Issues: PotentiaUy Significant Impact Comments: a-e) See Mitigated Negative Declaration, Section E. Mitie:ation: See Mitigated Negative Declaration, Section F. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any specIes identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? o b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? o c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? o 4 17-28 Less Than Signillunt With Mitigation Incorporated o o o Less Than Significant Impact o o o No Impact . . . Issues: d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: PotentiaJly Significant Impact Less Than Significant With Mitigation Incorpora ted No Impact Less Than Significant Impact o o o . o o o . o o o . a) The project site was rough graded and leveled, in accordance with the Village Six Final EIR. No candidate, sensitive, or special status species are present within or immediately adjacent to the proposed development area. b) No sensitive natural communities are present within or immediately adjacent to the proposed development area. c) No wetlands are present within or immediately adjacent to the proposed development area. d) No native resident or migratory wildlife corridors or native wildlife nursery sites exist within or immediately adjacent to the proposed development area. e) No biological resources would be affected by the proposal and no conflicts with local policies or ordinances protection biological resources would result. f) No impacts to local, regional or state habitat conservation plans would result since the project site is a designated development area pursuant to the adopted Chula Vista MSCP Subarea Plan and no biological resources are present on the proposed project site. Miti2ation: No mitigation measures are required. 5 17-29 Issues: V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in 9 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 9 15064.5? c) Directly or indirectly destroy a umque paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Comments: PotentiaJJy Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact No lropact o . o . o . o . a-d) The Village Six FEIR 98-0 I addressed impacts to cultural resources and required specific mitigation measures to reduce impacts to a less than significant level. The project site has been graded in accordance with the mitigation measures contained in FEIR 98-01. No resources are present. Mitigation: No mitigation measures are required. VI. GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk ofloss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 6 1F30 o o . o Issues: 11. Strong seismic ground shaking? 111. Seismic-related ground failure, including liquefaction? IV. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the proj ect, and potentially result III on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-I-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? 7 17-31 Potentially Significant Impact o o o o o o o Less Than Significant With Mitigation Incorporated o o o o o o o Less Than Significant Impact . . o . . . o No Impact o o . o o o . Issu es: Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact a-e) FEIR 98-01 identified potentially long-term significant geological impacts associated with the development of Village Six including possible earthquake activity along off-site faults. Mitigation measures were included in FEIR 98-01 to address these impacts for the entire Village Six development. Prior to approval of final grading plans for the proposed project, submittal of an additional geotechnical study is required. Impacts to geological resources would be less than significant. Mitieation: No mitigation measures are required. ~I. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous errusslOns or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 8 17-32 o o o . o o o . o o o . o o o . Issues: e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? PotentialJy Significant Impact Less Than Significant With Mitigation Incorporated No Impact f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Less Than Significant Impact o o o . g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? o o o . h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? o o o . Comments: o o o . a-h) FEIR 98-01, identified potentially significant impacts related to transport of hazardous materials as a result of implementation of the Village Six SPA Plan. A mitigation measure requiring that the use, transport, storage and disposal of hazardous materials be conducted in accordance with regulations of federal, state, and local agencies is included in the FEIR 98-01. The required mitigation measure would reduce the potential impact created by the proposed project to a level ofless than significant. Miti2ation: No mitigation measures are required. 9 17-33 Issues: VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303( d) list), result III significant alteration ofreceiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or nver, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures within a 100-year flood hazard area which would impede or redirect flood flows? 10 17-34 Potentially Significant Iropact o o o o Less Than SignUicant With Mitigation Incorporated . o o o Less Than Significant Impact o . . . No Impact o o o o Issues: e) Expose people or structures to a significant risk of loss, illJUry or death involving flooding, including flooding as a result of the failure of a levee or dam? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stonnwater drainage systems or provide substantial additional sources of polluted runoff? Comments: a-f). See Mitigated Negative Declaration, Section E. Miti!!ation: No mitigation measures are required. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal pro gram, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any conservation plan or conservation plan? applicable habitat natural community 11 17-35 PotentiaJly Significant Impact o o o o o Less Than Significant With Mitigation Incorporated D D o D o Less Than Significant Impact D o o . . No Impact . . . o o Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The proposed project' is compatible with the residential and mixed-use village development land uses located within Village Six and Village Five to the north. The character of the surrounding area will be maintained therefore, the proposal will not disrupt or divide an established community. b) The project is consistent with the General Plan designation however an amendment to the Otay Ranch General Development Plan (GDP) and an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan are necessary to implement the proposal. The proposal would allow the continued development of compatible land uses within the village core of Otay Ranch Village Six. No impacts are anticipated. c) The project site is designated as development area pursuant to the adopted Chula Vista MSCP Subarea Plan. The proposed project would not conflict with any applicable adopted environmental plans or policies and is consistent with FEIR 98-0 I, therefore, there will be a less than significant impact to habitat or natural community plans. Miti!!ation: No mitigation measures are required. X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents ofthe state? o o o . b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o . 12 17-36 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-b) Pursuant to the Environmental Impact Report for the City of Chula Vista General Plan, the State of California Department of Conservation has not designated the project site for mineral resource protection and no impact to rriineral resources would occur. Mith!ation: No mitigation measures are required. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? o . o o b) Exposure of persons to excessive groundborne groundborne noise levels? or generation of vibration or o o . o c) A substantial permanent increase in ambient noise levels in the proj ect vicinity above levels existing without the project? o o . o d) A substantial temporary or periodic increase 0 . 0 0 in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land 0 0 0 . use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the proj ect expose people residing or working in the proj ect area to excessive noise levels? 13 17-37 Issues: f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Comments: a-d) See Mitigated Negative Declaration, Section E. Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 . e) The project is not located within an airport land use plan or within two miles of a public airport or public use airport; therefore, the project would not expose people residing or working in the project area to excessive noise levels f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to excessive noise levels. Miti!!ation: See Mitigated Negative Declaration, Section F. XII. POPULATION AND HOUSING. Would the proj ect: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 14 17-38 o o . o o o . o o o o . Issu es: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-c) The proposed project to allow approximately 97 additional units in Village Six would increase the population by 292 persons beyond that which was considered in FEIR 98-01. This does not represent a substantial population growth resulting in a negative impact to the area and will not require additional infrastructure improvements. The site is currently vacant therefore no displacement of housing or persons would occur as a result ofthe proposed project. Miti!!ation: No mitigation measures are required. XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public servIces: a) Fire protection? o o o . b) Police protection? o o o . c) Schools? o o . o d) Parks? o o . o e) Other public facilities? o o o . 15 17-39 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: . a) FEIR 98-01 considered the potential effects to fIre and emergency medical services resulting from the Village Six project development and required mitigation measures and a development impact fee (DIP) to reduce the impacts. The Village Six mitigation measures include fInancing in accordance with the fees and phasing in the approved. PFFP for the Village 6 SPA Plan and monitoring of Fire Department responses to emergency fIre and medical calls for the GMOC annual report in order to lessen the level of impact to less than significant. Since the 2003 remodel of Fire Station 4 and completion of Fire Station 7, fIre services and response times have improved throughout the City. The proposed project would not have a significant effect upon or result in a need for new or altered fire protection services. The City performance objectives and thresholds will continue to be met. b) According to the FEIR 98-01, the Village Six project development would result in impacts to law enforcement services due to anticipated calls for service and travel time required for such services. Mitigation measures contained in FEIR 98-01 addressed impacts through the payment of development impact fees (DIP). c) The proposed proj ect would not induce population growth to a level of signifIcance beyond that which has been mitigated through FEIR 98-01 therefore, no significant adverse impacts to public schools are anticipated. d) The proposed condominium units generate an additional parkland dedication obligation per CYMC 17.10. The project is subject to the current Park Acquisition and Development (pAD) fees, per CC Resolution 2002-451. e) The proposed project would not have a significant effect upon or result in a need for new or expanded governmental services and would continue to be served by existing or planned public infrastructure. Mitigation: No mitigation measures are required. XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? o o o . 16 17-40 . Issues: b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? Comments: Less Than Potentiany Significant Less Than Witb Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 . 0 a) The proposed project would not induce population growth or increase the use of neighborhood and regional parks or recreation facilities beyond the impact considered in FEIR 98-0.1 The proposal would not result in substantial physical deterioration or accelerate deterioration of facilities planned in Village Six therefore the project would have a less than significant impact on neighborhood parks, regional parks or on other recreation facilities. b) In accordance with CVMC 17.10, the proposed project will require an additional parkland dedication obligation. Recreational facilities will be provided in accordance with the Village Six SPA Plan including fees and phasing as approved in the Village Six PFFP. The resulting impacts would have a less than significant impact on recreational facilities. Miti!!ation: No mitigation measures are required. XV. TRANSPORTATION I TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? o . o o o o . o o o o . 17-41 17 Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact d) Substantially increase hazards due to a design 0 0 . 0 feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 0 . 0 f) Result in inadequate parking capacity? o o . o g) Conflict with programs transportation racks) ? adopted policies, plans, or supporting alternative (e.g., bus turnouts, bicycle o o o . Comments: See Mitigated Negative Declaration, Section E. Miti!!ation: See Mitigated Negative Declaration, Section F. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? o o . o b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? o o . o 18 17-42 Issues: c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Bave sufficient water supplies available to serve the project ITom existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Comments: Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 . 0 o . o o o . o o o . o o o o . o a) The project site is located within an urban area that is served by all necessary utilities and service systems. No exceedance of wastewater requirements of the Regional Water Quality Board would result ITom the proposed project. b) No construction of new water or wastewater treatment facilities or the expansion of existing facilities would be necessary in addition to those improvements as required and mitigated by FEIR 98-01. See Mitigated Negative Declaration, Section E. 19 17-43 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact c) No construction of new storm drainage facilities or expansion of existing facilities is necessary beyond those improvements as required and mitigated by FElR 98-01. d) The project site is within the potable water service area of the Otay Water District. Pursuant to correspondence dated June 24, 2005, the Otay Water District will service the project site from existing potable water. No new or expanded entitlements are required therefore impacts are anticipated to be less than significant. e) See XVI. a. and b above. f) The City of ChuJa Vista is served by regional landfiJIs with sufficient capacity to serve the project and meets the solid waste needs of the region in accordance with State law. The proposal would have a less than significant impact on regional landfills. g) The proposal would be conditioned to comply with federal, state and local regulations associated with solid waste and would have a less than significant impact on the environment. Mitieation: See Mitigated Negative Declaration, Section F. XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A. Librarv o o o . The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the city- wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. 20 17-44 Issues: B)Police a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. b) Respond to 57 percent of "Priority Two" urgent calls within seven (7) minutes and maintain an average response time to all "Priority Two" calls of 7.5 minutes or less. C) Fire and Emergencv Medical Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annually). D) Traffic The Threshold Standards reqUIre that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west of I-80S are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. E) Parks and Recreation Areas The Threshold Standard for Parks and Recreation IS 3 acres of neighborlJood and community parkland with appropriate facilities /1,000 population east ofI-805. 21 17-45 Potentially Significant Impact o o o o Less Than Significant With 1\1itigation Incorporated o o . o Less Than Significant Impact . . o . No Impact o D o D Issues: PotentiaJJy Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact F) Drainage o o . o The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. G) Sewer o . D o The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide "necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. H) Water o o . o The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate 'in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: a) The project would not induce substantial population growth; therefore, no impacts to library facilities would result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed project. b) According to the Police Department, the proposed mixed use project would not have a significant effect upon or result in a need for substantial new or altered police protection services. No adverse impact to the City's Police threshold standards would occur as a result of the proposed proj ect. 22 17-46 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be provided to the project site. Since the 2003 remodel of Fire Station 4 and completion of Fire Station 7, fire services and response times have improved throughout the City. The proposed project would not have a significant effect upon or result in a need for new or altered fire protection services beyond those addressed in the FEJR 98-01. No adverse impact to the City's Fire and Emergency Threshold standards would occur as a result of the proposed proj ect. d) See Mitigated Negative Declaration Section E. According to the Traffic Engineering Section, with the addition of projected generated traffic, all roadway segments and intersections within the study area are estimated to operate at level of service "C" or better in compliance with the City's Traffic Threshold Standards and the Otay Ranch GDP. e) Park pad obligation will be required per City Ordinance (refer to Municipal Code Chapter 17.10). No adverse impact to the Parks and Recreation threshold standard will occur. f) A drainage study will be prepared in conjunction with the final grading and improvement plans. Drainage facilities designed in accordance with the Drainage Master Plan(s) and City Engineering standards will be installed at the time of site development. No adverse impacts to the City's storm drainage system or City's Drainage Threshold standards will occur as result of the proposed proj ect. g) See Mitigated Negative Declaration, Section E. The proposed project is located within the Poggi Canyon Sewer Basin that will be served by the Poggi Canyon Basin Sewer Interceptor. According to the April 19, 2005, Otay Ranch Village 6 Sewer Service Memorandum prepared by Dexter Wilson Engineering, Inc., the capacity of the existing onsite 8-inch gravity sewer line is adequate to serve the project site. No new sewer facilities are anticipated beyond those improvements as required and mitigated by FEJR 98-01. See Mitigated Negative Declaration, Section E. h) Pursuant to correspondence dated June 24,2005, from the Otay Water District, the project will be served by the existing 12-inch potable water main on Magdalena Avenue along with an existing 16-inch potable water main on East Palomar Street. The proposed 8-inch recycled water main on East Palomar Street will serve the project site for recycled irrigation. The developer will be required to comply with the approved Sub-Area Master Plan (SAMP) for the Otay Ranch Village Six. The proposed project will have no adverse impact to the City's Water Threshold standards. Mitigatiou: See Mitigated Negative Declaration, Section F. 23 17-47 Issues: XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individuaJly limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potentially Significant Impact Less Than Significant With Mitigation IncDrporated No Impact Less Than Significant Impact o o o . o o . o o . o o a) The project site is vacant and has been rough graded in accordance with the Final Second Tier EIR 98-01. The project site is located within an established urbanized area within Otay Ranch Village Six, and is within the designated development area of the adopted Chula Vista MSCP Subarea Plan. There are no known sensitive plant or animal species or cultural resources currently on the site. 24 17-48 b) As described in the Mitigated Negative Declaration, significant direct project impacts would be mitigated to below a level of significance through the required mitigation measures. No cumulatively considerable impacts associated with the project when viewed in connection with the effects of past projects, ather current projects and probable future projects have been identified and none are contemplated that were not already addressed in the Otay Ranch Village Six SPA Plan, Final Second TierEIR 98-01. c) See Mitigated Negative Declaration, Section E. Potential impacts to humans associated with the traffic generation, short-term construction noise and project operation noise would be mitigated to below a level of significance. Mitigation: See Mitigated Negative Declaration, Section F. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Mitigated Negative Declaration 1S-04-035, Section F, Mitigation Necessary to Avoid Significant Impacts and Table 1, Mitigation Monitoring and Reporting Pro gram. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply for an Environmental Impact Report. Ran to HUn ter, VI'ce Pre,:::>iderrf, Printed Name and Title of Applicant Of().y PreJGDt/ LoP (or authorized representative) ~~~- Signature of Applicant (or authorized representative) 7/;;)-1 !CJ5 Date Printed Name and Title of Operator (if different trom Applicant) Signature of Operator (if different trom Applicant) Date 25 17-49 XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potent1ally S1gn1ficant Unless Mitigated," as ind1cated by the checklist on the previous pages. OLand Use and Planning o Population and Housing o Geophysical o Agricultural Resources .Hydrology/W ater Quality . Nr Quality o Threshold Standards . TransportationITraf~c o Biolog1cal Resources o Public Services . Utilities and Service Systems o Aesthetics o Energy and Mineral Resources o Hazards and Hazardous Materials .Noise o Cultural Resources o Recreat10n o Mandatory Findings of S1gnificance 26 17-50 XXI. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the D environment, and aN egative Declaration will be prepared. I find that although the proposed project could have a significant effect on the . environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. I fmd that the proposed project may have a significant effect on the D environment, and an Environmental Impact Report is required. I fmd that the proposed project may have a "potentially significant impact" or D "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. D I fmd that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration, pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. lr;~~ G//(?/YVfko/j Marilyn .F. Ponseggl Environmental Review Coordinator City ofChula Vista 1)gJIJ~ Date ' 27 17-51 rUN. 14 2005 12:01PM NO. 834 P 2 ~\rt- ~ em OF CHUIA VISTA PI ann ng & Building Department PlaMing Division I Development Processing APPLICATION . DEVELOPMENT PROCESSING . TYPE B Part 1 T e Df Review Re vested o General Plan Amendment o General Developm.nl Plan DNew (or) OAmendmenl o SPA/Specific Plan DNew (or) OAmen"'~.nl ;;g( Zone Change f c. Z - 0 G:> - 02: [] Tentati"& Subdl"i.ion Map !\evi sed o Annexatlon 'P C?- D S7 - \ (i, o Dlhor: . A lication Information AppUcanl Name: Otay project I..I? ApplicanIAddre,,: 610 We.t J\.sh Street, Suite 1500, San Diego, CJ\ 92101 Contat!: Rllnie Hunter Phone: (619) 234-4050 ext 107 Applicant" Inlerest in Prcperly (If applicanl is not lhe owner, the owner's auth"';,a"on .19M\ure at the end 01 this form;, required to process thiHequest.) I!JDwn 0 Lease Din escrow DOp\lon 10 purchase EngineerlAgent: Hunsaker & A..sociatu Address:10179 I!uennekens St., san Die90, CA 92121 Contact: Erin Bishop Phcne: (858) 558-4500 Primary contact is: GS Applicant 0 Agent 0 EmaH add,.,s of primary contact: rhunter@otavranch.com General Project Description lall types) Project Name: Olay Ranch Vil1a'le 6 PropQ$ed Use: Mixep.-\J5e General Descripdon 01 Proposed Project: The proposed project would rezone the CPF-l parcel from CP1.' to Mil and would allocate 158 multi-family units to the MU-l/MU-2 parcels. This would increase the overall unita on the revised Tentative Map to 1,494. In addition, the E. Palomar street section would be revised to increase the overall right-ot-way to 154', prov.ding diagonal parKing on the ~orlh side of E. Palomar St. 8lon9 the frontage of the IIU-2 \Jar eel. . . Subject Property InformollDn loll types) Locatlon/S~",,\ Address: None yet AISo.sor', Parcol #: see attached TOlal Acreage: 7. 3<1r030 Rodewlopment Area DI.pplic.bIe}: N/~ General Plan D..ignation: CPF / MU Zone Designation: PC (SPA) Planned Community (Ir.ppliC.ble): Otay Ranch Current land U.e: Vaoant. / Graded Within Montgomery Specific PIM1 0 Ye, KJ No General Plan Amendment Proposed Land Use De'ignallon: N/A Just'ificaljon for General Plan chang.: N/A 276 Fourth Ave"u. I Chula vim California I 91910 (619) 691.5101 Rt!YIi,QJ ~1/'i. 17-52 JUN. 14.2005 12:02PM ~\~ ~ CIIYOf (HUlA VISTA NO. 834 P. 3 APPLICATION . DEVELOPMENT PROCESSING · TYPE B Part 2 General Development Plan General Developmenl Plan Name: l'rtlposed land Uses / Total Acres: Commercial I Park' / Community Purpo~ I Public/Quasi I N/A Acres Industrial / Acres Ams School. / Acres Acres Circulation I Acres Acres Open Space I Acres Residential I Range: Single Family Detached I Single Family Altached I Duplexes I Apartments / Condominium. I TOTALS I to Units Acres to Units ""'as \0 UnllS Acre, to Units Acre. \0 Units Acres to UnilS Acres Annexation Prezoning: N/A lArCO Reference It: N/A Tentative Subdivision Map Subdivision Name: otay Ranah Village 6 Minimum lot .Ize: iliA Number of units: CV Tract It: !rBD Average lot size~ ~9!e Gth6'pt. 4 of TM ft:l'r hrpakdown ZOlle Change N/A .0 Rezoning Proposed zoning: o Prezoning o Setback Authorization Print applicant name: ~ ~Dale: June Applicant Signature: 14. 2005 Print owner name':, ~ . ~ Owner Signature': ~ ~ Dale: Jun" "proor of oWm:~hip may I;)e required. Letter of con~ent may be provided In lieu of signature. 14, 2005 276 Fourth Avenue I Cnul. Vlst. Canforni3. 91910 (619) 691.5101 }awU!\ "'" 17-53 ~\It- -.- ~ -= - CITY OF CHULA VISTA P I ann n g & Building Planning Division Department Development Processing APPLICATION . DEVELOPMENT PROCESSING · TYPE B Part 1 Type of Review Requested General Plan Amendment ~ 0" '" General Develo ment Plan DNew (or) Amendment SPA/S ecific Plan DNew (or) x Amendment ~f'A <0 f&~-04-le fc:: M - 04- \4 STAFF USE ONLY f I Case' PC~ - oq- (g fZfA-=oLt'! Filing Da:]}ljj 0, , By: B ' Assigned Planne" f"n e I p S Receipt #: Project Account: 1\[ - 21:1 ~ Deposit Account: !7Q' 4 '-i S' RelatedCases: !oUvl-UY-'~; I~ -U4-cW' o o o Tentative Subdivision Map Annexation Other: Application Information Applicant Name: Otay Pro;ect L.P. Applicant Address: 610 West Ash Street, Ste. 1500, San Diego, CA 92101 Contact: Ranie Hunter Phone: 610-234-4{)1:){) Applicant's ~nterest in Property Of applicant is not the owner, the owner's authorization signature at the end of this form is required to process this reques!.) [JOwn 0 lease 0 In escrow 0 Option to purchase Engineer/Agent: Hunsaker & Associates Address: 10179 Huennekens, San Dieqo Contact: T,px wi 11; mMn Phone: Primary contact is: GJ Applicant D Agent 0 Email address of primary contact: General Project Description (all types) Project Nameyil1age 6 Mixed Use Affordable/Market Hou~015bsed Use: M\llti-Famil~{ReSid~n_Tial/com'l a~)~l\.. , , I1'JF /I.,vI ::, General Description of Proposed Project: Proposal to rezone CPF-1 site to RM2.-1and assJ..gn 47 multi-family units to MU-l site to permit development of a mixed-use villaae core. Subject Property Information (all types) E. Palomar Street, Otay Ranch Village Six Location/Street Address: Assesso,s Parcel #: 643-051-23, -24 Total Acreage: 6 .7 Redevelopment Area (if applicable): Zone Designation: Mu/cPF village Six N/A General Plan Designation', PC, Planned Community (if applic::able): Otay Ranch Current Land Use: Graded Vacant Sites Within Montgomery Specific Plan? 0 Yes Iii] No General Plan Amendment Proposed land Use Designation: PC Justification for General Plan change: Allocate 158 additional MF units to Village 6 to facilitate development of mixed use, commercial, affordable and market rate multi-family project. 276 Fourth Avenue Chuta Vista Califomia 91910 \&19) &91-5101 17-54 .:$.1/t- --- APPLICATION . DEVELOPMENT PROCESSING . TYPE B Part 2 CnvOF CHULA VISTA General Development Plan General Deveiopment Plan Name: Otay Rancb Proposed Land Uses / Tolol Acres: Commercial/ 3.0 AcresIMixed-Use) Parks / Acres Community Purpose / Acres Public/Quasi / Acres Industria I / Schools / Circulation / Open Space / Acres Acres 'Acres Acres Residential/Range: Single F amil)' Detached / Single F amil)' Anached / Duplexes / Apartments / Condominiums I to Units Acres to Units Acres to Units Acres to Units Acres to 158 Units 6.7 Acres to Units Acres TOTALS / Annexation Prezoning: N/A LAFCO Reference #: Tentative Subdivision Map Subdivision Name: Otay Ranch Village 6 CV Tract #: 02-05 Minimum lot size: Number of units: Average lot size: Zone Change EJ Rezoning Proposed zoning: o Prezoning Rezone CPF-l site o Setback from CPF to RM2 Authorization Print applicant name: Applicant Signature: Date: Print ow~er name': . ._ Otay proj.ect L.P. ~ _ OwnerSlgnature.:(~X-r; ~ Date: "'Proor of ownership maybe required. Lener of consent may be provided in lieu of signature. & I(t;! oJ{- 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 17-55 p I ann n g & Building Planning Division Department Development Processing cnv OF CHUIA VISfA APPLICATION APPENDIX A Project Description & Justification Project Name: Village Six Mixed-Use Affordable/Market Multi-Family Project Otay Project L.P. Applicant Name: Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of this project, and the project's benefits to yourself, the property, the neighbcrhood, and the City of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural Guide. This proposal is to authorize 158 additional multi-family units to otay Ranch village 6 to facilitate the development of a vibrant mixed-use project within the Village 6 core. The project will include 158 multi-family for-sale affordable and market rate homes, and approximately 17,000 sf. of commercial/retail uses (including a for profit daycare facility). This project will provide for sale low income affordable units in close proximity to the future transit stop, elementary school and public park, all within the Village Six core. 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 17-56 ~~~ -r:!--: . - -- - p I ann n g & Building Department Planning Division I Development Processing CnY OF CHUlA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be 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. Jim Baldwin Al Baldwin Otay Project L.P. 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. Al Baldwin Jim Baldwin 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. N/A 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this malter. Jfm Baad~in ~nhpr+ r~mprnn A Bal w~n Kent Aden Kim John Kilkenny Ranie Hunter 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 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 ~ Yes _ If yes, which Council member? 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 17-57 p I ann n g & Building Planning Di'Jtsion I Department Development Processing cnv OF CHUlA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a iegal debt, gift, loan, etc.) Yes No-,,-- II Yes, which official" and what was the nature 01 item provided? Date: W!10/0L{-- ~t~ Signature 01 Contractor Applicant Print or type name 01 Contractor/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 Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue Chula Vista 1 California 17-58 91910 (619) 691-5101 ~If?- -1!- ~ .: p I ann ng & Building Planning Division Department Development Processing em OF CHULA VISTA APPLICATION APPENDIX C Development Permit Processing Agreement Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: otay Project L.P. 610 West Ash Street, Ste. 1500, San Diego, CA 92101 GDP/SPA Amendment This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicanf), 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 of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's 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 costs 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, Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit 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 Duty, use good 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 Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 17-59 ~I~ -1:1- . -= P I ann n g & Building Planning Division Department Development Processing COY OF CHUlA VISTA Development Permit Processing Agreement - Page 2 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 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 adjacent to the signatures of the parties represented. 4.2 Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behaif of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. 4.5 Hoid Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the 276 Fourth Avenue Chula Vista I California 17-60 91910 (619) 691-5101 p I ann n g & Building Planning Division Department Development Processing CnY OF CHUIA VISTA 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 participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chuta Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the 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 hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista 276 Fourth Avenue Chula Vista, CA By: Dated: @/Jb/o4 ? ,iJ}Jil~j;Jr B 276 Fourth Avenue (hula Vista California 91910 (619) 691-5101 17-61 RESOLUTION NO. PCM-04-18 RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE RESOLUTIONS AMENDING THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP), THE VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN, A REVISED TENTATIVE MAP, AND A ZONE CHANGE ORDINANCE FOR A MIXED-USE PROJECT IN OTAY RANCH VILLAGE SIX. WHEREAS, the two amendments, tentative map and zone change which are the subject matter of this resolution and are identified in exhibits attached to the three draft City Council Resolutions and draft City Council Ordinance; and, WHEREAS, applications (PCM-04-l8, PCM-04-l9, PCS-05-l6 andPCZ-06-02) to amend the Otay Ranch General Development Plan (GDP), Village Six Sectional Planning Area (SPA) Plan, Tentative Map and Zone Change were filed with the City of Chula Vista Planning and Building Department on June 24, 2004 and June 14,2005 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and, WHEREAS, the application (PCM-04-18) request an amendment to the Otay Ranch General Development Plan (GDP) text for the Village Setting, Description (acreage and unit counts), Land Use Table and Parks and Open Space Policies ("Project"); and, WHEREAS, the application (pCM -04-19) request an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan Site Utilization Plan Map by re-designating the 3.7-acre parcel on the north side of East Palomar Street trom Community Purpose Facility (CPF-I) to Mixed- Use (MU-2), and re-designating a 0.7-acreportion of the existing 3.0-acreMixed-Use (MU-I) parcel on the south side of East Palomar Street trom Mixed-Use (MU-I) to Community Purpose Facility (CPF-3). The existing 1.5-acre Private Swim Club and Park (CPF-Ix) will be re-named CPF-l ("Project"); and, WHEREAS, the application (PCS-05-16) requests the approval for the subdivision of a 3.0- acre and a 3.7-acre parcel of land on each side of the terminus of East Palomar Street located between View Park Way and Magdalena Avenue within Otay Ranch Village Six SPA into 158 condominium lots; and WHEREAS, the application (PCZ-06-02) is a request to rezone a portion of the Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use District Map, rezoning the 3.7 -acre site on the north side of East Palomar Street from CPF to MU, and rezoning a 0.7 -acre portion of the 3.0-acre site on the south side of East Palomar Street trom MU to CPF ("Project"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed proj ect for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-04- 17-62 035 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,IS-04-035. WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (1S-04-035) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista; and, WHEREAS, the Resource Conservation Commission determined that the initial study was adequate and recommended adoption ofthe Mitigated Negative Declaration as to the effects of the proposal on the environment on August 29, 2005 in compliance with the California Environmental Quality Act; 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., September 14, 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., September 14, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, ITom 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 Six SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good plarrning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached draft Resolutions approving the amendment to the Otay Ranch General Development Plan (GDP), Village Six Sectional Planning Area (SPA) Plan, and approving the revised tentative map with the findings and conditions in said resolution. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached draft Ordinance amending the Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community District Regulations Land Use Districts Plan Map. 17-63 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 14th day of September, 2005 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Vicki Madrid, Chair ATTEST: Diana Vargas, Secretary J :\PLANNINGIHAROLDlREsOLUTIONS\PCM-04-18PCREso.DOC 17-64 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY (PC) DISTRICT REGULATIONS LAND USE DISTRICTS MAP. WHEREAS, an application to amend the Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) Land Use Districts Plan Map was filed with the CityofChula Vista Planning and Building Department on June 14,2005 by Otay Project, LP, The Otay Ranch Company ("Applicant"). The proposed amendment is attached hereto as Exhibit A; and, WHEREAS, the application is a request to amend a portion ofthe Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use District Map to rezone the 3.7-acre site on the north side of East Palomar Street ITom CPF to MU, and to rezone a 1.5-acre portion of the 3.0-acre site on the south side of East Palomar Street ITom MU to CPF ("Project"); and WHEREAS, the Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use Districts Map, establishes zoning pursuant to Title 19 ofthe Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan; and, WHEREAS, the Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use Districts Map is proposed to be modified to reflect the re-zoning of the 3.7-acre site on the north side of East Palomar Street ITom CPF to MU, and the rezoning of a 1.5-acre portion ofthe 3.0-acre site on the south side of East Palomar Street ITom MU to CPF; and, WHEREAS, the development has been the subject matter of Village Six Sectional Planning Area (SPA) Plan previously approved by the City Council, wherein the City Council, in the environmental evaluation of said SP A Plan, relied in part on the Otay Ranch Village Six Final EIR 98-01; and, WHEREAS, the Village Six Sectional Planning Area (SPA) Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch General Development Plan ("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, WHEREAS, 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- 035 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 17-65 Ordinance No. Page 2 applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-035; and WHEREAS, the Planning Commission set the time and place for a hearing on the Project (pCZ-06-02) 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, the hearing was held at the time and place as advertised, namely 6:00 p.m. September 14, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of 6-0-1-0, the Planning Commission recommended approval ofthe Project; and, WHEREAS, a public hearing was scheduled before the City Council of the CityofChula Vista adopting the ordinance to amend the Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use District Plan Map 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, NOW, THEREFORE, the City Council of the 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 said ordinance was held on September 14,2005 and the minutes and resolution there iTom, 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 ofthe proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby adopts an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use District Map, rezoning the 3.7-acre site on the north side of East Palomar Street from CPF to MU, and rezoning a 1.5-acre portion of the 3.0-acre site on the south side of East Palomar Street from MU to CPF as identified on the revised Land Use District Plan Map Exhibit "A," finding that it is consistent with the City of Chula Vista General Plan, the Otay Ranch General 17-66 Ordinance No. Page 3 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. III. COMPLIANCE WITH CEQA The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-035) in the form presented has been prepared in accordance with requirements ofthe California Environmental Quality Act (CEQA) and the Environmental Review Procedures of the City ofChula Vista and hereby adopts the same. IV. 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 jJo~~ City Attorney Jim Sandoval Planning and Building Director 17-67 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) TO ALLOW ADDITIONAL RESIDENTIAL DEVELOPMENT IN OTAY RANCH VILLAGE SIX. WHEREAS, an application to amend the Otay Ranch General Development Plan ("GDP") (PCM-04-18) was filed with the City of Chula Vista Planning and Building Department on June 24, 2004 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and, WHEREAS, the application, attached as Exhibit "A" requests an amendment to the Otay Ranch General Development Plan (GDP) text for the Village Six Setting and Land Use Table description for acreage and unit counts ("Project"); and, WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, 1S-04-035 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-04-03 5; 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, the hearing was held at the time and place as advertised, namely 6:00 p.m., September 14, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of 6-0-1-0, the Planning Commission recommended approval of the Project; and, WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on said Project; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 17-68 Resolution No. Page 2 I. PLANNING COMMISSION RECORD The proceedings and an evidence introduced before the Planning Commission at their public hearing held on September 14, 2005, and the minutes and resolutions resulting thererrom, 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 approves the amendment to the Otay Ranch General Development Plan (GDP) text for the Village Six Setting, Description (acreage and unit counts), Land Use Table and Parks and Open Space Policies to allow for additional residential development in Otay Ranch Village Six. The approval of the amendment is based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development 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. III. COMPLIANCE WITH CEQA The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (15-04-035) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA) and the Environmental Review Procedures of the City ofChula Vista and hereby adopts the same. IV. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) AMENDMENT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch General Development Plan (GDP) amendment to text for Village Six Setting and Land Use Table description for acreage and unit counts is consistent with the existing land uses, circulation system, open space and recreational uses, and public facility uses within Village Six as depicted currently in the Otay Ranch General Development Plan and Chula Vista General Plan. It does not alter any of these previously approved or constructed planned elements or facilities. The impact of the amendment to facilities such as parks and schools and circulation traffic will be addressed by the mitigation measures and conditions of approval to maintain conformance with the General Plan. 17-69 Resolution No. Page 3 B. THE PROPOSED GENERAL DEVELOPMENT PLAN (GDP) AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch General Development Plan (GDP) amendment to text for the Village Six Setting, Description (acreage and unit counts), Land Use Table and Parks and Open Space Policies does not affect the remaining development of Village Six SPA Plan area, which is nearly built-out. C. THE PROPOSED GENERAL DEVELOPMENT PLAN (GDP) AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch Village Six SPA Plan area, such as the adjacent neighborhood park to the south and the private swim club and recreation facility to the north are designed for residential enjoyment and convenience. The proposed amendment will allow for the development of convenient neighborhood amenities such as neighborhood level commercial retail office space as promoted by the goals and objectives of the Otay Ranch General Development Plan. A comprehensive street network serves the Project and provides for access to off-site adjacent properties and will adequately serve the additional units and businesses proposed by this GDP amendment according to the Mitigated Negative Declaration and the findings and conditions made for the proposed Tentative Map. V. EFFECTIVE DATE This Resolution shall take effect and be in full force upon its adoption Presented by Approved as to form by c:1~r!/0L Jim Sandoval Planning and Building Director City Attorney 17-70 Otay Ranch GDP/ SRP I.... ~ u.rt II 6. Village Six a. Village Six Setting Village Six is comprised of approximately ~~<;:!"~~.~o.ca.~~~.in..t:)::1.~_._ .-..1 Deleted: 365 central portion of the Otay Valley Parcel, south of Poggi Canyon and east of the extension of La Media Road. Open Space and Habitat: Village Six does not contain significant natural resources, as it has historically been used for agricultural purposes. The undulating slopes of eastern Poggi Canyon defme the northern edge of the village. Land Use: Village Six is located in the interior of the Otay Valley Parcel, surrounded by land used for agricultural purposes. The village is surrounded by Villages Five, Seven, and Two to the north, south, and west, and the Freeway Commercial site to the east, across SR-125. Village Six is located immediately west of the proposed SR-125. Visual: Village Six contains distant views to the mountains to the east, southeast, and northeast. Scenic values exist along Poggi Canyon, an open space scenic corridor. Relationship to Other Otay Ranch Villages: Village Six is intended to have a close relationship with Village Five, to the north, connected with light rail transit connection. b, Village Six Description Village Six is an urban village with a transit/rail line. Urban Villages are adjacent to existing urban development and are planned for transit oriented development with higher densities and mixed uses in the village cores. Village Six contains: o A maximum of-.2ll..siI!gl~ f?!ll~ly resid~~~~~_qn.i~s o A maximum of J. 449 ~.ulti~r:3:J..I?!~Y.f".~~~~<:~tiaJ..!-!~i.t.~ o Build.out population of approximately h. 736 o A village core area containing: Commercial uses in a mixed use setting Public and community purpose facilities A bus/rai1line stop An elementary school Multi-family residential A Town Square/Village Green/Main Street Affordable Housing Neighborhood Park Adopted October 28, 1993 Amended June 4, 1996 Proposed Revision June 15, 2004 Page 144 17-71 .' { Deleted: 990 ..1 Deleted: 1,242 ..1 Deleted: 6,335 Otay Ranch GDP/ SRP L . art II Villane 6 Total Use SF MF Tot I Res Den Park CPF Sch C'ml OS Art Ac- PoO"" . LMV 941 - 94 192.0 4.9 192.0 3011 MU - 47 4 3.0 15.7 7.6 13.7 . 24.3 150 MH - 1402 140 79.8 17.6 10.0 89.8 3575 Other - - - - 22.0 58.3 80.3 Total 941 1449 239 274.8 7.6 13.7 10.0 - 22.0 58.3 386.4 6736 Uhi FonnattedTabJe I '"Commercial Acreaae included in MU cateaorv. Exhibit 48 Village Six land Use Table c. Village Six Polides Village Character Policies: o The village character should be guided by the following qualities: Location adjacent to Poggi Canyon, an open space scenic corridor. Location along the proposed 1ight rail transit rQl.lte. Views to the mountains on the east, southeast, and northeast. Compatibility and linkage with Villages Two and Seven. o Village Six shall promote uses and activities which encourage ridership, and services for transit Users. ViIlage Core Policies: a A trolley stop and! or station shall be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level in the village core. o The m.1mber of homes identified for the vil1age core is a minimum and may not be reduced. Some services for users outside the village may be provided in the village core. The village core shall be sited to ensure its separation from the regional useS in the Eastern Urban Center. o o Adopted Odober 28, 1993 Amended June 4, 1996 Proposed Revision June 15, 2004 Page 145 17-72 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) SITE UTILIZATION PLAN MAP WHEREAS, an application to amend the Otay Ranch Village Six Sectional Planning Area (SPA) Plan (PCM-04-19) was filed with the City of Chula Vista Planning and Building Department on June 24, 2004 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and, WHEREAS, the application, attached as Exhibit "A" proposes an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Plan Site Utilization Plan Map by re- designating the 3.7-acre parcel on the north side of East Palomar Street from Community Purpose Facility (CPF-1) to Mixed-Use (MU-2), and re-designating a 1.5-acre portion of the existing 3.0-acre Mixed-Use (MU-1) parcel on the south side of East Palomar Street from Mixed-Use (MU-I) to Community Purpose Facility (CPF-3). The existing l.5-acre Private Swim Club and Park (CPF-1x) will be re-named CPF-I ("Project"); and, WHEREAS, Tbe Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, 1S-04-035 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-04-035; and WHEREAS, the Plarming 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, the hearing was held at the time and place as advertised, namely 6:00 p.m., September 14, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of 6-0-1-0, the Planning Commission recommended approval of the Project; and, WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City ofChula Vista on said Project; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby find, determine, resolve and order as follows: 17-73 Resolution No. Page 2 I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on September 14, 2005, and the minutes and resolutions resulting therefrom, 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 approves the amendment to the Otay Ranch Village Six SPA Plan, amending the Otay Ranch Village Six Sectional Planning Area (SPA) Plan Site Utilization Plan Map by re-designating the 3.7-acre parcel on the north side of East Palomar Street from Community Purpose Facility (CPF-I) to Mixed-Use (MU-2), and re- designating a 1.5-acre portion of the existing 3.0-acre Mixed-Use (MU-I) parcel on the south side of East Palomar Street from Mixed-Use (MU-I) to Community Purpose Facility (CPF-3). The existing 1.5-acre Private Swim Club and Park (CPF-Ix) will be re- named CPF -I. The approval of the amendment is based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the atay Ranch General Development 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. III. COMPLIANCE WITH CEQA The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-035) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA) and the Environmental Review Procedures of the City ofChula Vista and hereby adopts the same. IV. SPA PLAN FlNDINGS A. THE OTAY RANCH VILLAGE SIX-SPA PLAN AMENDMENT IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN. The atay Ranch Village Six SPA Plan amendment to the Site Utilization Plan Map re-designating the 3.7-acre parcel on the north side of East Palomar Street from Community Purpose Facility (CPF-I) to Mixed-Use (MU-2), re-designating a 1.5-acre portion of the existing 3.0-acre Mixed-Use (MU-I) parcel on the south side of East Palomar Street from Mixed-Use (MU-I) to Community Purpose Facility (CPF-3), and re-naming the existing 1.5-acre Private Swim Club and Park from CPF-Ix to CPF-I is consistent with the atay Ranch General Development 17-74 Resolution No. Page 3 Plan because the General Development Plan text for the Village Six Setting and Land Use Table description for acreage and unit counts is also being amended concurrently to reflect the proposed changes. It is consistent with the Chula Vista General Plan because it does not alter any of these previously approved or constructed planned elements or facilities. The impact of the amendment to facilities such as parks and schools and circulation traffic will be addressed by the mitigation measures and conditions of approval to maintain conformance with the General Plan. B. THE PROPOSED AMENDMENTS TO THE OTAY RANCH VILLAGE SIX-SPA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch Village Six SPA Plan amendment involves a site utilization plan map modification, and will not affect the orderly sequentialized development of the said SPA, which is already nearly completed. The Village Six SPA Plan amendment proposes to amend the Site Utilization Plan map and table to allow for an overall reduction in Community Purpose Facility (CPF) acreage provided in Village Six while allowing an increase in overall residential units and population in Village Six. This reduction is acceptable because there is a surplus of CPF land in Village Six. C. THE PROPOSED OTAY RANCH VILLAGE SIX-SPA PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed amendment will not adversely affect adjacent land uses or residential enjoyment, circulation or environmental quality. The proposed amendment should actually improve residential enjoyment, circulation and environmental quality with the development of a viable village core, which will provide for a two-sided mixed-use retail commercial and live-work shopkeeper unit within the project site in addition to the 158-for sale condominiums. The provision of improved open space amenities on each of the privately owned properties will improve aesthetics, circulation, and pedestrian orientation amenities within the neighborhood, promoting by the goals and objectives of the Otay Ranch General Development Plan. A comprehensive street network serves the Project and provides for access to adjacent properties. The proposed project does not alter any of these previously approved or constructed planned elements or facilities. The addition of the 158-units will be harmonious with the surrounding residential densities of the multi-family neighborhoods in the village core areas. As the center of the village core, the density will be comparable to adjacent project densities. The impact of the 17-75 Resolution No. Page 4 amendment to facilities such as parks and schools and circulation traffic wiIl be addressed by the mitigation measures and conditions of approva1. 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 Project does not involve areas planned for industrial or research uses. 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 Project does not involve these lnstitutional, Recreational or similar uses. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The circulation system depicted in the Village Six SPA Plan is consistent with the Circulation system identified on the City's General Plan and Otay Ranch General Development Plan and contains adequate internal circulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. The traffic study provided for the Mitigated Negative Declaration IS-04-035 showed that there would not be the need for any additional signalization due to the increased number of units proposed for the project. 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 amendment will allow for a two-sided mixed-use commercial village core, with 20,000-sq. ft. of retail commercial suites on the south side of East Palomar Street and 20 live-work shopkeeper unit on the north side of East Palomar Street within the project site enhanced by the addition to the 158-for sale condominiums built-in customer base. 17-76 Resolution No. Page 5 H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The Village Six SPA Plan is consistent with the 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. The proposed amendment to the Village Six SPA Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. V. EFFECTIVE DATE This Resolution shall take effect and be in full force upon its adoption Presented by Approved as to form by Jim Sandoval Planning and Building Director )Ylr~ 17-77 c co - Q.. C o .- 'to N .- - ;:I :;) .$ .- en o <D...... ",...."'0 .?;.........,:,.;.;... i Q 2~~sn;:=~:: .. ...- ......... ~ ~ .- 'if<'-' 0........,.,...... 5~~;;i:4~~!'!~ . - . . :J "-"-11..1>........... :; iu]u]011)"'U)1J) ,! - '" . E E ~ lJ ;;! ~ ... . i:: 0";' ;:S",'":'''f''1,,\, 5 i}i i,"'a!:a!:IX:II::<II:1X: 1 2 '! .:I ~ ~"\ It> ...== It~ ~I~~ _.//.1/ . I) '''''--~__!' ---=__:J - ~ ..-.. . .,...< ;;;;;::1- . .... . ... ... ... ... ~ .S<I~ .._(f"...~ .. ~,- - ,".' - 4:), 1/ ,,~- ~:; i ";.::. . ~:t~,!! a: (J , Ii " " ~J!.!:1~ OO~ ~ ~b ~ ~ : \ .,. > ~'~I ;;~:~;; ~ ::~:; ~ 8;;SI:a~=!S ..;= .............N ~- ~-:J i'i " C!"!~"'!"':-. "":'" ... VI_ ....~:::N~~:: ID ~ ~~ ~"":~~::!:<C!~... .... ~O::~:""~:8 ~ '" ~~~~2i!i j Q ;, ;:!~"l~::2 ~ ~ Clbi:IX:..;;a!:.i" ::E i . . . ~ 1 . . . 'a:'a:::::l~~~ ooo~~Q.i 1 0 < 1"1 ~ 1 IIi. OM. II lit. D'.t !i~j f It" IVjlil1 I ~~UI iili!f" Hf z ...UJ ~ufl... . . ~ :!,. >< ! ;;:i ~"'~:Z-"-"'4 a:= i:t:::a.<h<J\oi.O;! a:: ifC)1,,}1,) ~...l :; i ~ .... z 2 17-78 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE A 3.O-ACRE AND A 3.7-ACRE PARCEL ON EACH SIDE OF EAST PALOMAR STREET IN VILLAGE SIX INTO A TWO-LOT CONDOMINIUM MAP FOR 158 RESIDENTIAL UNITS - OTAY RANCH, LP WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 05-16, and is commonly known as Otay Ranch Village Six Mixed-Use Tentative Map, ("Property"); and, WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Otay Ranch Village Six Mixed-Use Tentative Map, Chula Vista Tract 05-16", ("Project"), was filed with the City of Chula Vista Planning and Building Department on June 14,2005 by Otay Project L.P., ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of a 3.0-acre and a 3.7-acre parcel ofland on each side of the terminus of East Palomar Street located between View Park Way and Magdalena Avenue within Otay Ranch Village Six SPA into 158 condominium lots; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-04-035 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, IS-04-035; and WHEREAS, the Planning Commission set the time and place for a hearing on said "Otay Ranch Village Six Mixed-Use Tentative Map, Chula Vista Tract 05-16", (PCS-05-16) 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 public hearing was held at the time and place as advertised, namely 6:00 p.m. on September 14,2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and wHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on proposed "Otay Ranch Village Six Mixed-Use Tentative Map, Chula Vista Tract 05-16", (PCS-05-16) and, 17-79 Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on September 14, 2005, and the minutes and resolutions resulting thererrom, 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 ofthe proceedings for any California Environmental Quality Act (CEQA) claims. II. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Enviromnental Quality Act and has conducted an Initial Study, IS-04-035 in accordance with the CaJifornia Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the proj ect could result in significant effects on the enviromnent. 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-04-03 5. III. COMPLIANCE WITH CEQA The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-035) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA) and the Enviromnental Review Procedures of the City of Chula Vista and hereby adopts the same. IV. ACTION The City Council hereby approves the resolution approving the Otay Ranch Village Six Mixed-Use Tentative Map, Chula Vista Tract 05-16, (PCS-05-16) involving 6.7-acres of land known as Otay Ranch Village Six Mixed-Use Tentative Map in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Vi1Iage Six SPA Plan, and an other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. 17-80 Resolution No. Page 3 V. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village Six Mixed-Use Tentative Map, Chula Vista Tract 05-16, (PCS-05-16) as conditioned herein for Applicant, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Village Six Sectional Planning Area (SPA) Plan, based on the following: I. Land Use It is the City's goal to accommodate diversified housing types. The site is designated for Medium-High density residential land use consistent with the General Plan. Thus, the Project, as conditioned, is in substantial compliance with the adopted General Plan. 2. Circulation All on-site improvements exist or will be relocated and upgraded to serve the subdivision. All off-site public streets required to serve the subdivision currently exist. Street improvements will be provided to accommodate the mixed-use retail and residential components as required. 3. Housing The Project is consistent with the density prescribed within the General Plan and will provide 158 attached condominium units for individual ownership. A percentage of the I 58-units will include affordable units that will create additional opportunities for residential ownership. 4. Parks. Recreation and ()Pen Space In fulfillment of its obligation to provide parkland, the developer will provide land via an irrevocable offer of dedication, payment of in-lieu fees, or a combination thereof towards a Community Park within the service area of Village Six. The developer will also provide development fees in accordance with CVMC 17.1 O. In addition, the Project includes on-site open space areas for passive and active recreation, such as a tot-lot, and the project is adjacent to the private pedestrian park and swimming pool that will be provided for condominium resident use. 5. Conservation The Village Six EIR (Final EIR 98-0 I) addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the Genera] Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Village Six SPA Geo- technical Reconnaissance Report. 17-81 Resolution No. Page 4 7. Public Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal with some minor alterations to roadway access surface treatments meets the City Threshold Standards for emergency services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project will include noise attenuation waIls. In addition, all buildings are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along the surrounding parkways of La Media Road, Birch Road, and Olympic Parkway. There is no scenic highway adjacent to the Project. II. Bicycle Routes Bicyclists will share internal streets with motor vehicles due to the anticipated low traffic volumes and limited speeds allowed on residential streets. Birch Road includes a bike lane (class II) adjacent to the curb. La Media Road includes a bike lane (class I) within the right-of-way on the road westerly side. 12. Public Buildings Public buildings are not proposed on the Project site as part of the Community Purpose Facility. A day care center is proposed at this location. B. The configuration, orientation and topography of the site allow for a feasible setting for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. C. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. D. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. 17-82 Resolution No. Page 5 VI. GENERAL CONDITIONS OF APPROVAL A Project Site Improvement The Applicant, or their successors in interest, shall improve the Project Site described as Otay Ranch Village Six Mixed-Use Tentative Map, Chula Vista Tract 05-16, (PCS-05- 16) in confonnance with all conditions of approval. B. Design Consistency Any improvements by the Applicant shall be in accordance with the Otay Ranch and City of Chula Vista Design Guidelines and in accordance with a Design Review approval by the Design Review Committee subsequent to the City Council approval. VII. CONDITIONS OF APPROVAL The conditions herein imposed on the tentative map approval or other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of the Final Map. 1. The Applicant shall obtain the appropriate permits for development of the project site, and a Design Review permit shall be required for review and approval by the Design Review Committee prior to the submittal of building permits to the Planning and Building Department. 2. The Applicant shall implement, to the satisfaction of the Director of Planning and Building and the Environmental Review Coordinator, all mitigation measures identified in the Final Mitigated Negative Declaration (IS-04-035) and Mitigation Monitoring and Reporting Program in accordance with the requirements, provisions and schedules contained therein. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building and Environmental Review Coordinator should changes in circumstances warrant such a revision. 3. Applicant shall pay Park Acquisition and Development (PAD) fees in the amount required at the time of first building permit issuance based upon actual dwelling unit types as defined in the parkland dedication ordinance. The city estimates the PAD fee would be approximately $442,874 (158 x $2,803/mfunit) in Park Development Fees and 1.24-ac (158 x 341.1/mf unit) in Parkland Dedication Obligation, respectively. Outstanding land dedication will be due prior to first building permit as an IOD towards Community Park acreage adjacent to areas previously dedicated in future Otay Ranch Village TWQ. Fees/rates are subject to change based on the fees in effect at the time of the first building permit issuance and actual dwelling unit types as defined in the Parkland Dedication Ordinance. 17-83 Resolution No. Page 6 4. Applicant shall provide a site plan for construction documents will show the widening of East Palomar to I 54-ft. and will require the redesign of street tree and parkway landscaping. The site plan shall illustrate the modifications to the Master Landscape Plan for review and approval by the Department of General Services Landscape Architecture Section. 5. Applicant shall show all existing developments adjacent to the project site on a site plan for construction, including the public park to the southwest, the CPF site improvements to the northeast and all other surrounding multi-family projects. Show all driveways ITom these projects that access View Park Way and Magdalena Ave along the sections of these streets that are adjacent to the subject project. Show proposed access to the subject project ITom these streets; show these to line up with opposing access to the R-8 and R-9B projects. A drivable police access between MU- I and Santa Venetia Park (park P-I) was provided in the Park's design. Continuity with that drivable access to either View Park Way or Magdalena Ave. needs to be shown on the Tentative Map and constructed to the satisfaction of the Police Department. 6. Applicant shall show all lots on the MU-I and MU-2 parcels on the site plan for construction, and if the applicant wishes to subdivide the existing lots and create lot lines for the proposed 0.7-acre Community Purpose Facility site, it must be shown on the Tentative Map. 7. Applicant shall show on the site plan for construction the proposed locations of sewer connections for all proposed internal lots including line and grade of proposed on-site . public and private sewer lines. Show how the site will be connected to public storm drains. 8. Applicant shall show existing striping at the intersections of East Palomar Street with View Park Way and Magdalena Ave on the site plan for construction. . 9. Applicant shall show on the site plan for construction the grading contour lines shown as "existing" and label per the approved Village 6 Rough Grading Plan (CCV Drawing No. 02011) and subsequent construction changes (show the existing de- silting basins, risers and connections to public storm drains). Show all adjacent sewer, water, reclaimed water, storm drain facilities surrounding the project. 10. Applicant shall show on the Final Map as well as on the site plan for construction, an enlargement of the section of East Palomar Street between View Park Way and Magdalena Avenue. Show all details both within and outside the ROW including proposed walkways, bicycle facilities and streetscape. To the extent these are known: indicate building interface with adjacent pedestrian access. II. Applicant shall show on the final condominium map a note on the cover referencing only the subject project on MU-I and MU-2 and not all of the multi-family projects in Otay Ranch's Village Six. 17-84 Resolution No. Page 7 12. Applicant shall show the density of the subject project in the table on the last sheet on the site plan for construction document. 13. Applicant shall pay all applicable fees based on the final building plans submitted, such as Sewer Connection/Capacity Fees, Traffic Signal Fees, and Development Impact Fees. Improvement Plans and Final Maps: 14. The Tentative Map indicates that East Palomar Street will be widened to provide angled parking along the project frontage on the north side of East Palomar. The cross-section of the proposed angled parking shall also be depicted on the Tentative Map. Prior to the issuance of any building permits for the project, street improvement plans for this section of East Palomar Street shall be submitted for approval by the City Engineer. IS. Prior to the issuance of any building permits for the project the Applicant shall secure the installation and install a fully operating traffic signal at East Palomar Street and View Park Way (the plans for this signal were submitted and approved as part of the street improvement plans for East Palomar St.: CCV Drawing No. 02039). 16. Applicant shall submit a conceptual site-grading plan in conjunction with a Design Review process. Grading plans and permits for MU-I and MU-2 will be required to be in conformance with the Design Review Committee approved site plans. 17. No visible obstructions (slopes, trees, shrubs, walls, etc.) greater than 3.5 feet measured trom street grade, or lower than 6 feet above street grade, shall be placed within sight distance lines at all corners. Sight distance lines, per City of Chula Vista Municipal Code, will be required on all plan submittals (grading, improvement, and final maps). 18. All proposed sidewalks and walkways, including those within or outside the public Right-of-way, pedestrian ramps, and disabled parking shall be designed to meet ADA standards. 19. The project will require the filing of final maps in accordance with Sections 66426 and 66427 of the Subdivision Map Act. The applicant shall enter into an agreement prior to approval of the final map(s) to secure all public improvements required for the development of the project. Sewer Service: 20. Prior to the issuance of any building permits for the project, the Applicant shall satisfy the City Engineer that the Poggi Canyon Sewer Trunk has adequate capacity to serve the project. This condition may be satisfied by the completion of the project, now underway, to upgrade Reach 205 of Poggi Trunk Sewer. 17-85 Resolution No. Page 8 21. Separate sewer improvement plans for MU-I and MU-2 will be required. The plans shall show sewer mains designed to City of Chula Vista Subdivision Manual standards that shall be installed to serve as backbone systems within easements granted to the City that are provided with a structural section designed to accommodate minimum H-20 wheel loads using a traffic index equal to 5. Storm Water Management: 22. Development of the project shall comply with an applicable regulations established by the United States Environmental Protection Agency (VSEPA) as set forth in the National Pollutant 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 or requirements. Further, the applicant shaH file a Notice of Intent (NO!) with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shaH implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shaH include both construction and post-construction poHution prevention and control measures and shaH identify funding mechanisms for post-construction and permanent control measures. 23. Development of the Mixed-Use project is subject to the requirements of Section F .1.b. (2) of the NPDES Municipal Permit concerning Standard Urban Storm Water Mitigation Plans (SUSMP), and Numeric Sizing Criteria. The applicant shaH comply with those requirements in accordance with the City ofChula Vista SUSMP. 24. A water quality study is required to identify potential storm water pollutants generated at the project site during and after construction, and propose Best Management Practices (BMPs) to reduce those pollutants to the maximum extent practicable. The Applicant shaH be required to complete the applicable Storm Water Compliance Forms (5500 series forms) and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual (Standards Manual) as directed therein. 25. The Applicant will be required to implement BMPs to prevent poHution of storm water conveyance systems located in the public right of way, both during and after construction. Permanent storm water BMPs, including required site design, source control and structural treatment measures shaH be incorporated into the project design, and shall be shown on an approved site improvement plan. Required construction and non-structural BMP requirements that cannot be shown graphicaHy, and on-going maintenance and implementation of BMPs and source control measures, shaH be described in the proj ect' s S WPPP. 26. The Applicant, or an approved private entity, shaH operate and maintain the project site including the approved construction, post-construction and permanent BMPs in a manner that minimizes the introduction of pollutants to the public streets and storm drain systems to the maximum extent practicable. The applicant shall demonstrate to 17-86 Resolution No. Page 9 the satisfaction of the City Engineer that the project site will be maintained III accordance with the SWPPP. 27. The approved tentative map, street improvements, grading plans, final maps and site improvement plans shall all be submitted in digital form in California State Plane Coordinate System (NAD 83, Zone 6). 28. The Applicant may be subject to additional requirements and conditions during the Design Review and Final Map entitlement process, depending upon subsequent plans submitted for approval. 29. The approval of this Tentative Map shall not be effective unless the Otay Ranch GDP Land Use Table Amendment, Village Six SPA Plan Site Utilization Plan Map Amendment, and the Planned Community (PC) District Regulations Land Use District Plan Map Zone Change are approved by the Chula Vista City Council. VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits 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. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by ( )~L f ~ ~ Moore lty Attorney Jim Sandoval Planning and Building Director 17-87 ;; ,. 'S '" ~ \, ~' , , , , , , \,', fi\ ;qllHUpIHi \~; io'! =I I ~ ! 1 11.1 ~ \\ ;:;II ii I I," q! ~ I, I , I \' \ I ~n2g~~e! \1\ nn~PHHH\ il"I,! ,I. "".' 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Item IS Meeting Date: 10/04/2005 SUBMITTED BY: Resolution Waiving the Consultant Selection process as impractical and approving an agreement between the City of Chula Vista and "I Love A Clean San Diego, Inc." for 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 ~re:ment on behalf of the City Director of Public Works OperationV City Manager f ~ 1J~ (4/5ths Vote: Yes _No X) ITEM TITLE: REVIEWED BY: The National Pollutant Discharge Elimination System (NPDES) Municipal Permit (Order No. 2001- 01) issued by the California Regional Water Quality Control Board (Regional Board) requires Copermittees to implement, among other things, public education and outreach programs with the goal of increasing public awareness regarding protection and improvement of regional and local water resources and preservation of their beneficial uses. Staff has determined that, in order to enhance existing activities and increase the overall effectiveness of the City's compliance program, the NPDES public education and outreach program must be broadened to include all stakeholders, including environmental groups, local water agencies, local schools, businesses, developers, community groups, the Nature Center, and others. This item was first considered by City Council at the August 9, 2005 meeting. The Council continued the item and directed staff to provide additional information on the following two issues: I. The reasons for waiving the consultant selection process 2. Specific and detailed descriptions of approaches that will be included in the education and outreach programs for the benefit of Limited English-Speaking and Latino communities. Staff has revised its report to more fully address these issues. RECOMMENDATION: That Council adopt the resolution walVlng the consultant selection process as impractical and approving an agreement between the City of Chula Vista and "I Love A Clean San Diego, Inc." for development and implementation of storm water public education and outreach programs required pursuant to the National Pollutant Discharge Elimination System (NPDES) Municipal Permit and authorizing the Mayor to execute the agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. 18-1 Page 2, Item I ~ Meeting Date: 10/04/05 DISCUSSION: Since adoption of the Chula Vista Jurisdictional Urban Runoff Management Program (JURMP) by the City Council in February 2002, staff has implemented various public education and outreach programs, such as participating in and providing storm water education during community events, organizing storm drain stenciling events, distributing informative brochures, participating in regional public education activities, and hosting workshops for commercial and industrial businesses. Experience gained by staff over the past several years indicates that public education and outreach is a very powerful and cost-effective component of the City's JURMP. The City also co-sponsors the "Think Blue" Campaign established by the City of San Diego, the Port of San Diego, Caltrans, and the County of San Diego. The "Think Blue" Campaign conducts public education and outreach programs at a regional level with emphasis on television Public Service Announcements. The" Think Blue" Campaign has been effective in increasing the general public's awareness of storm water pollution and prevention, but lacks community and stakeholder involvement at the local level. Therefore, it is important to develop local programs that build upon regional messages, with a decidedly local and personal connection to the City's unique and precious natural enviromnent and resources to assure long-term public commitment to local, shared enviromnental quality goals. Chula Vista's present and future growth requires the development of an integrated storm water public education and outreach program that includes increased participation by citizens, volunteers, envitomnental groups, private businesses and organizations, local water agencies, local schools, developers, community groups, the Nature Center, and others. It is anticipated that implementation of such programs will increase awareness among Chula Vista's residents and businesses of the need for watershed protection and water quality improvement and will result in lasting behavior changes that benefit Chula Vista's enviromnental and community quality. Staff determined that such an undertaking is best accomplished by retaining the services of a consultant with the following qualifications: . Experience in developing effective local and regional public education programs . Working relationships with the broad stakeholder community, as well as the City of Chula Vista A consultant with such qualifications would be best suited to assist City staff in improving the continuity of existing City enviromnental education and outreach programs and developing new, complementary programs. Due to the expertise, specialized knowledge, and experience necessary to organize and facilitate stakeholder-based programs, staff considered various options for selecting a consultant or organization to provide services needed by the City (please see "Consultant Selection Options," below). Staff determined that I Love A Clean San Diego, Inc. (ILACSD), a local non- profit corporation, is uniquely qualified in the region to perform these services. For this reason, staff is requesting that Council waive the consultant selection process as impractical and approve an agreement between the City and ILACSD for the development and implementation of storm water public education and outreach programs. 18-2 Page 3, Item I y Meeting Date: 10/04/05 Consultant Selection ODtions The goal of any environmental public education and outreach program is to increase public awareness and interest in the environment in order to eventually change people's perceptions, behaviors and habits. Reaching out to people in this way is very challenging and requires specialized knowledge, expertise, and experience. Staff has determined that the services of a competent organization or consultant with the following qualifications are necessary to accomplish the goals and objectives for the proposed program: 1. Fully qualified personnel in the fields of environmental education and outreach; 2. Reputable, credible, and long-term experience, as well as good track record, in environmental education and outreach; 3. Experience in working with citizens, businesses, public agencies, as well as citizen and environmental groups; 4. Familiarity with the South Bay Region and its unique environmental and cultural diversities; and, 5. Experience in organizing volunteers and other citizen groups in accomplishing environmental programs and projects. The following categories of organizations were considered to provide services to the City of Chula Vista: 1. Consultants - Although consultants may be fully qualified to develop storm water public education and outreach programs, staff is not aware of any who have experience in the implementation of such programs, particularly in the field of contact or long-term working relationships with citizens, businesses, environmental groups, and volunteers. 2. Environmental GrouDs - Such groups are very knowledgeable of environmental issues. While they conduct public education and outreach, their efforts are mainly focused on bringing about water quality improvements through regulatory enforcement. While the City benefits from cooperating with Environmental Groups, staff does not believe that they are the most qualified organizations for the type of services needed. 3. Non-Profit Environmental Organizations - This group of environmental education organizations generally conduct activities that are most similar to the type of services needed by the City of Chula Vista. They develop and implement environmental public education and outreach programs that extensively involve organizing citizen groups and volunteers. Such organizations develop public education materials and work with local businesses to sponsor storm water and other environmental programs. Because of their 18-3 -' Page 4, Item " Meeting Date: 10/04/05 non-profit nature, costs of services provided by this group are generally much less than other organizations and consultants, Based on the above information, staff has determined that the most qualified organization to provide the services to the City of Chula Vista would be a Non-Profit Environmental Organization. Non-Profit Environmental Organizations known to staff include Resource Conservation organizations, the Solana Center for Environmental Innovation located in Encinitas, and I Love A Clean San Diego (ILACSD). While Resource Conservation organizations and the Solana Center are located, and operate mainly, in the North County region, I Love A Clean San Diego's activities cover the entire county with particular focus on the South San Diego region. I Love A Clean San Diego is a diversified environmental organization with over 35 years of experience in environmental education. ILACSD has conducted used motor oil and filter recycling education campaigns in Chula Vista for many years and was recently awarded another State grant to develop a used motor oil and filter recycling campaign that will target" Do-It-Yourself' oil changers in Chula Vista, National City, and Imperial Beach. ILACSD also performs household hazardous waste and electronic waste public education services as a sub-contractor to the Solana Center for Environmental Innovation, which holds a contract with the City of Chula Vista' s Conservation and Environmental Services Department. The Solana Center selected ILACSD as a sub-contractor because of the organization's local knowledge and experience gained through years of program development and implementation in Chula Vista and South San Diego County. Under this contract, ILACSD coordinates all activities in Chula Vista and South San Diego County. ILACSD's Recycling Hotline provides free bilingual (English/Spanish) recycling and household hazardous waste information to over 500 Chula Vista callers each year. In addition to the aforementioned programs and activities, in the past ten years ILACSD has delivered over 100 environmental education presentations to City of Chula Vista schools, educated thousands of community members at over 50 community events, facilitated volunteers to stencil hundreds of storm drain inlets with the message, "No Dumping I Live Downstream" and "No Tire Desechos Habito En El Agua" , and conducted numerous community volunteer events such as beach, waterway, community and canyon cleanups. ILACSD has acquired nearly $500,000 in State household hazardous waste grant funding for the City of Chula Vista's Conservation and Environmental Services Department. ILACSD has an excellent reputation in the required field and has previously entered into agreements for educational and outreach programs with the City. ILACSD's qualifications and services are uniquely relevant to the type of services now needed to improve the effectiveness of the City's NPDES Education and Outreach Program. ILACSD is a local nonprofit corporation formed in 1968 and is a recognized leader in local environmental education. ILACSD's Mission Statement is "Through outreach, community involvement and example, ILACSD leads and educates our community to actively conserve and enhance the environment." ILACSD has seven employees and receives support from over 9,500 volunteers a year. The organization uses hands-on methods to bring environmental education to communities throughout San Diego County. Providing hundreds of presentations a year, ILACSD maintains close connections with area schools, citizen groups, 18-4 Page 5, Item I b Meeting Date: 10/04/05 community organizations and businesses. ILACSD's ability to develop educational programs and to deliver them in a unique and effective manner ensures large-scale awareness of key environmental issues. ILACSD's experience also includes negotiating for sponsorship of various environmental programs. In Phase 3 of the proposed scope of services, ILACSD is tasked with soliciting $15,000 on the City's behalf for the implementation phase of the program. These funds will be used to enhance the scope of the program and reduce dependency on City funds. Staff was unable to identify other consultants with similar qualifications and experience. It should be noted that as a non-profit corporation, ILACSD operates with minimal overhead costs. This translates into a proposal that is very cost effective and favorable to the City. Considering ILACSD's exceptional expertise, knowledge, experience, and long-standing excellent track record, as well as existing relationships with the Chula Vista's citizens, schools, and businesses, staff fmds ILACSD to be uniquely qualified to perform the environmental education services needed by the City of Chula Vista. Based on the above considerations, staff has determined ILACSD to be the Sole Source Provider of services required by the City. In view of the fact that a consultant selection process will involve administrative costs of about $3,000 to $5,000, it is recommended that the City Council waive the Consultant Selection process as impractical and approve an agreement (Attachment A) in the amount of $68,540 with ILACSD to develop and implement an integrated storm water public education and outreach program as set out below and in ILACSD's proposal (Attachment B). Education and Outreach Proerams The primary tasks ILACSD will perform for the City under the proposed agreement will include: Phase 1: Develop a diverse regional pollution prevention stakeholder task force This phase will include formation of a storm water stakeholder task force. Members of the Spanish speaking and other communities, including citizens, groups, and organizations will be encouraged to participate in the stakeholder task force activities and meetings. Phase 2: Develop bilingual (English and Spanish) pollution prevention public education campaign plan This phase will include meetings, research, and development of the public education plan. The plan elements will take into consideration cultural and language diversities of Chula Vista and include various programs that will target all communities of various origins. However, since the Spanish Speaking community by far comprises the largest of these communities, staff will focus its efforts on English and Spanish outreach and public education. Other Limited-English Speaking communities, such as Tagalog speakers, will be served based upon availability of bilingual staff resources. 18-5 , -, Page 6, Item i 't. Meeting Date: 10/04/05 Phase 3: Acquire approximatelv $15.000 in supplemental funding/sponsorship for public education campaign This phase involves identifying and soliciting sponsorship from potential sponsors of the storm water public education and outreach program to partially fund education efforts. During this phase. potential sponsors will be targeted irrespective of cultural or language diversities. Phase 4: Implement public education campaign plan Phase 4, which is the implementation phase of the campaign plan, will include: . Bilingual (English/Spanish) Outdoor advertising (billboards along Interstate 5, if available) and transit advertising (public service announcements inside Chula Vista transit buses) . Bilingual (English/Spanish) print advertising (Union-Tribune, Star News, community papers) . Bilingual (English/Spanish) direct mail (billing inserts) . Interpretative displays at entrances to waterway trails . Bilingual (English/Spanish) staffed public presentations and community events The Scope of Work in the Agreement has been revised to emphasize the importance of outreach to diverse communities. Staff will provide progress reports to the Council upon completion of Phases 2 and 4. Upon approval of the proposed resolution by the Council, ILACSD will begin its work in October 2005 and complete all tasks in fifteen to eighteen months. FISCAL IMPACT: Funds to cover public education and outreach service costs have been included in the NPDES Program's FY2005-06 operating budget, which was previously approved by Council. There will be no impacts to the General Fund. In addition, in Phase 3 of the proposed agreement, ILACSD will solicit approximately $15,000 in outside, supplemental funding/sponsorship for implementation of the public education campaign (Phase 4). Attachments: A - Proposed Agreement Between the City and I Love A Clean San Diego, Inc. B - ILACSD Proposal for Providing Environmental Education Services to the City of Chula Vista K:lPublic Works OperationslNPDESlllACSDlAgenda Statement.doc 18-6 RESOLUTION NO. 2005- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND "I LOVE A CLEAN SAN DIEGO, INC." FOR THE DEVELOPMENT AND IMPLEMENTATION OF STORM WATER PUBLIC EDUCATION AND OUTREACH PROGRAMS REQUIRED PURSUANT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY WHEREAS, since the adoption ofthe Chula Vista Jurisdictional Urban Runoff Management Program (JURMP) by the City Council in February 2002, staff has implemented various public education and outreach programs; and WHEREAS, it is important to develop local programs that build on regional messages, with a decidedly local and personal connection to the City's unique and precious natural environment and resources to assure long-term public commitment to local, shared environmental quality goals; and WHEREAS, it is crucial to the success of the program that the education and project phases of the program be conducted on a bilingual basis to reach out to and include the City's diverse communities in all phases of the program; and WHEREAS, this can best be accomplished by retaining the services of a consultant with the experience in developing effective local and regional public education programs and working relationships with the broad stakeholder community, as well as the City ofChula Vista; and WHEREAS, staff determined that I Love A Clean San Diego, Inc. (ILACSD) is uniquely qualified due to its expertise, specialized knowledge and experience necessary to organize and facilitate stakeholder-based programs; and WHEREAS, ILACSD has an excellent reputation in the required field and has previously entered into agreements for educational and outreach programs with the City; and WHEREAS, staff recommends Council waive of the consultant selection process of Municipal Code Section 2.56.110 as impractical and enter into a phased fixed-fee service agreement in the amount of$68,540 with ILACSD to develop and implement an integrated storm water public education and outreach program; and WHEREAS, staff will provide progress reports to Council upon completion of Phases 2 and 18-7 4. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista, does hereby waive the consultant selection process and approve an agreement between the City of Chula Vista and "I Love A Clean San Diego, Inc." for the development and implementation of a bilingual storm water public education and outreach program required pursuant to the National Pollutant Discharge Elimination System (NPDES) Municipal Permit. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement on behalf of the City. Presented by: Approved as to form by: Dave Byers Director of Public Works Operations ~X-Q'(\f\~~~, Ann Moore City Attorney J:\Attomey\reso\Agreemc:nts\ waiving consultant selectioo NPDES 2 18-8 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 ~\}<'{ G1\.~ '\1~cur-1\~~ Ann Moore City Attorney Dated:~. t?), 'Z. (::;<y::..:::' 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 Program 18-9 ATTACHMENT A PROPOSED AGREEMENT BETWEEN THE CITY AND I LOVE A CLEAN SAN DIEGO .. . ~. . 18-10 Parties and Recital Page (s) Agreement between City of Chula Vista and I Love A Clean San Diego, Inc. For National Pollutant Discharge Elimination System (NPDES) Public Education and Outreach Services This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City seeks to comply with all aspects of the 1987 Amendments to the Federal Water Pollution Control Act (Clean Water Act and its implementing regulations, 33 USCA Section 1251 et seq.), the Porter-Cologne Water Quality Control Act (California Water Code 13020 et seq.) and its implementing regulations, and the San Diego Regional Water Quality Control Board NPDES Permit Number CAS0108758 and any subsequent amendments thereto; and, Whereas, in order to comply with Federal and State law, and implement the education component of the City's Jurisdictional Urban Runoff Management Program it is necessary for the City to develop and implement an integrated public education and outreach program; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and, Whereas, City has determined that Consultant is able and uniquely qualified to provide the required services; and, Whereas, City has determined that Consultant is a Sole Source Provider of the required servIces; NPDES Public Education and Outreach Agreement I Love A Clean San Diego Septem ber 12, 2005 Page 1 of 21 18-11 NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all ofthe services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope ofW ork and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph II (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. NPDES Public Education and Outreach Agreement I Love A Clean San Diego Septem ber 12, 2005 Page 2 of 21 18-12 E. Standard of Care Consultant, in perfonning any Services under this agreement, whether Defined Services or Additional Services, shall perfonn in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and sub-consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof ofInsurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates ofInsurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. NPDES Public Education and Outreach Agreement I Love A Ciean San Diego September 12, 2005 Page 3 of 21 18-13 H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 4 of 21 18-14 . 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultantthroughout the term ofthe agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph II, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable there-under is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 5 of 21 18-15 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 6 of 21 18-16 C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subj ect matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 7 of 21 18-17 7. Hold Hannless Consultant shall defend, indemnify, protect and hold hannless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from .Consultant' s professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in' a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach, NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 8 of 21 18-18 9. Errors and Omissions In the event that the City Administrator determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. II. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the sub-consultants identified thereat as "Permitted Sub-consultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreementshall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 9 of 21 18-19 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chu1a Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and costin dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 10 of 21 18-20 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawN enue 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. NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 11 of 21 18-21 --r . ~ . -.. ...., . ....:;,..... ...,...... Signature Page to Agreement between City ofChula Vista and r Cove A Clean San Diego For National Pollutant Discharge Elimination System (NPDES) PLlblic Education and Outreach IN WITNESS WHEREOF, City and Consultant have eKeouted this Agreement thereby jndicating that they have read and Lllldel'stood same, and indicate their full and complete consent to i ls terms: Dated: ,2005 City of Chula Vista by: Stl::phen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to foml: Ann Moore, City Attomey Dated: I Love A Clean San Diego (YYI~ A By: K.1:dU~~ q/lf,:~r Derek D. Turbide, Exeoutive Director By:_____ Exhibit List to Agreement ( X ) Exhibit A. NPDES Public Education and Outreach Agreement I I.ove A Clean San Diego September 12. 2005 Page 1:2 of 21 18-22 Exhibit A to Agreement between City of Chula Vista and I Love A Clean San Diego, Inc. 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of Cali fomi a ( ) Industrial Development Authority of the City of Chula Vista, a () Other: form] , a [insert business 3. Place of Business for City: City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: I Love A Clean San Diego, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 4891 Pacific Highway, Suite 115 San Diego, CA 92110 Voice Phone: (619) 291-0103 Fax Phone: (619) 298-1314 NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 13 of 21 18-23 7. General Duties: Consultant shall develop and implement a public education and outreach program tailored to the needs of the City ofChula Vista. The goal of the program shall be to prevent pollution, improve quality of urban runoff, preserve beneficial uses of receiving waters, and protect environmental resources and sensitive areas. The objectives of the program shall be to increase public awareness on water quality issues, encourage behavior changes that result in achieving program goals, involve various stakeholders in decision making and voluntary participation, and help create self motivated community groups interested in advancing the goals of the program. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Consultant shall perform all the following tasks: (1) Phase 1: Develop a Diverse Regional Pollution Prevention Stakeholder Task Force. This phase includes the following tasks: 1. Target member organizations 2. Develop collateral materials to distribute to target organizations 3. Contact and meet with target organizations 4. Establish meeting datesltimesllocations 5. Conduct initial meetings 6. Submit Progress Report No. I Participation of communities with diverse background and language, particularly Spanish Speaking individuals, groups, organizations, and businesses, in the Stakeholder Task Force shall be encouraged. (2) Phase 2: Develop bilingual (English and Spanish) Pollution Prevention Public Education Campaign Plan. This phase includes the following tasks: 1. Conduct meetings 2. Research and segment market 3. Develop public education plan 4. Submit Progress Report No.2 The Campaign Plan elements shall take into consideration cultural diversities of Chula Vista and shall include various programs that will target all communities of various origins. The program elements shall be tailored to the needs of each community, including Limited English Speaking and Spanish Speaking communities. NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 14 of 21 . 18-24 (3) Phase 3: Acquire approximately $15,000 in supplemental funding/sponsorship for public education campaign. This phase includes the following tasks : I. Target sponsors 2. Create sponsorship packages 3. Contact and meet with targeted sponsors 4. Submit Progress Report No.3 This phase involves identifying and soliciting sponsorship from potential sponsors of the storm water public education and outreach program to partially fund education efforts. During this phase, potential sponsors shall be targeted irrespective of cultural or language diversities. (4) Phase 4: .o.'Implement Public Education Campaign Plan. This phase includes the following tasks: I. Execute Public Education Plan that may include: . Bilingual (English and Spanish) outdoor advertising (billboards & buses) . Bilingual (English and Spanish) print (Star News, Spanish language newspapers, and other community papers) advertising . Bilingual (English and Spanish) direct mail (billing inserts) . Bilingual (English and Spanish) interpretive displays at entrances to waterway trails . Bilingual (English and Spanish) staffed public presentations and community events 2. Submit Final Progress/Evaluation Report, including recommendations to continue the program B. Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: Seven working days after the date of Notice to Proceed. C. Dates or Time Limits for Delivery of Deliver abies: Deliverable No. I: Complete Phase I and submit Progress Report No. I by November 15,2005 NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 15 of 21 18-25 Deliverable No.2: Complete Phase 2 and submit Progress Report No.2 by February 15, 2005 Deliverable No.3: Complete Phase 3 and submit Progress Report No.3 by May 15, 2006 Deliverable No.4: Complete Phase 4 and submit Final Progress Report by March 15, 2007 D. Date for completion of all Consultant services: March 15, 2007 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: Data and Information available in the City's databases or GIS system that are related to the Consultants work will be made available to Consultant free of Charge. 11. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 16 of 21 18-26 the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be . assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. (X) Phased Fixed "Fee Arrangement. F or the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. Submit Progress Report No. I $10,000 2. Submit Progress Report No.2 $ 7,680 3. Submit Progress Report No.3 $ 6,160 4. Submit Final Report $44,700 (X) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase, The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 17 of21 18-27 Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been perfonned by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. () Hourly Rate Arrangement For perfonnance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the perfonnance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following tenns and conditions: (I) () Not-te-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perfonn all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) () Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to (" Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant ITom providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Consultant's Employee Name Hourly Rate NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 18 of 21 18-28 ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement F or the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed-'- $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 13. Contract Administrators: City: Khosro Aminpour, Civil Engineer Department of Public Works Operations 1800 Maxwell Road Chula Vista, CA 91911 Phone: (619) 397-6111 Consultant: Derek D. Turbide, Executive Director I Love A Clean San Diego 4891 Pacific Highway, Suite 115 San Diego, CA 92110 14. Liquidated Damages Rate: ( )$_perday. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 19 of 21 18-29 (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 18. Bill Processing: NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12, 2005 Page 20 of 21 18-30 A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: 30120-6301 19. Security for Performance - ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services (X) Other: Satisfactory completion of the Scope of Work for each phase of the Agreement and delivery and acceptance of Reports and other deliverables for that phase of the Agreement. K:\Public Works Operations\NPDES\ILACSD\Agreement .l.doc NPDES Public Education and Outreach Agreement I Love A Clean San Diego September 12. 2005 Page 21 of 21 18-31 ATTACHMENT B I LOVE A CLEAN SAN DIEGO PROPOSAL FOR PROVIDING ENVIRONMENTAL EDUCATION SERVICES TO THE CITY OF CHULA VISTA 18-32 I Love A Clean San Diego Service Offering for the City of Chula Vista I Love A Clean San Dleao A diversified environmental education organization that operates throughout San Diego County, I Love A Clean San Diego (ILACSD) offers a broad range of expertise in public education and outreach, event coordination and community relations. ILACSD works to promote countywide awareness of environmental Issues Including resource conservation, waste reduction and recycling, community enhancement and pollution prevention. ProDosalBackaround Pursuant to the Municipal Storm Water National Pollutant Discharge Elimination System (NPDES) Permit issued to, among other jurisdictions, the City of Chula Vista on February 21, 2001; the City of Chula Vista Is required to educate the public on the impacts of storm water pollution and steps the public can take to reduce pollutants In storm water runoff. Prolect SummarY Working cOllaboratively, ILACSD and the City of Chula Vista's Engineering Division, will develop a storm water pollution prevention education campaign through the facilitation of stakeholder input and participation, as well 8S supplemental funding from corporate and/or governmental stakeholder groups. Proiect Goals 1. Create regional pollution prevention stakeholder task force 2. Develop & Implement compelling pollution prevention public education campaign 3. Acquire supplemental funding from stakeholder groups for pollution prevention education campaign implementation ImDlementation Phases Phase 1: Develop regional pollution prevention stakeholder task force Phase 2: Develop pollution prevention public education campaign Phase 3: Acquire supplemental funding for public education campaign Phase 4: Implement public education campaign Potential stakeholder GrouDs . City of National City . City of Imperial Beach . City of SD . SD Audubon . SD BayKeeper . Wild coast . Environmental Health Coalition . otay River Construction . Port of San Diego . Eastlake Company . McMillin . Hitachi . DNP . Goodrich . Raytheon . Religious Community . Educational Community 11/24/04 18-33 Proiect Team Derek D. Turblde, ExecuUve DIrector Derek D. Turblde has been the executive director of ILACSD for three years In which time he has acquired over $1 million In funding for the organization. Prior to his current position. he wes the organization's Program Manager, responsible for the management of multiple contracts, grants and projects. Before )olnlng ILACSD, Mr. Turbide managed a regional marketing and sales program for Green Mountain Energy, a renewable energy marketing company. Mr. Turblde holds a bachelor's degree in Marine Affairs and is currentiy pursuing an MBA degree. Jen Winfrey, MarkeUng CoordInator Jen Winfrey has worked with ILACSD In a marketing and public relations capacity for nearly two years. Je1'1 manages ILACSD marketing and communications activities as well as environmental education campaign development and Implementation. Prior to joining ILACSD, Jen worked In Marketing and Communications at San Diego State University. Ms. Winfrey holds a bachelor's degree in communications and is currently pursuing a Master's Degree in Intemational and Intercultural Communications. Budae! and Tlmellne Reference Attachment A Contact Derek D. TurbJde, Executive Director I Love A Clean San Diego 4891 Pacific Highway, Suite 115 San Diego, CA 92110 Phone: (619) 291-0103, extension 3004 Fax: (619) 298-1314 E-mail: exdir@ilacsd.org 18-34 S 1/1 .- .,. N "S '5 '0 l: G 0>> ~ ~ ~ .- ... 0>> ~ t 1- 0>> IJ) ~ ~ g ..- ~ -- ~ 0 ~ ",) <'" +F> +F> ~ % <D ..; ..; +F> +F> 1.t) <D 'S 'S o 0 it; 0 it; it; 0 'it; <'"....- .......... - 'it; ..- ~ b 0 ..- c( ~ % ~ ~ Od. c: Q 'D \II g ." tit " :::: ~ ~ c: .9, ~ <D .... ~ ~i 'a. (\\ 0- c:o ECQ. ~g~ 1 ~~~ ~ ~\~~ ~ t:,t/I ~ ",,-o!i1. ~ %c: ~i:ge ~.! E.s:;O-q> 4)~ "6~0.~ Oc:. ;;)(\\.9,0. ~QI -oG)G)G) " _ C U1 '> ;a \%:~8&~:?1 t'3~":C'icri"; c: -g Sill c:~ ~~ tit" -p.c: ~ %~ %0 t/I~ - $.6 1?; gtlt ~ c:>..1;! ~~ In'ji 0IE'a> ~i %~~ ~'6 ~t~ 'a.";. .e- .~ 8- c,.=:' ~ ~\a> ':,'i e.. ~ ...'5 ~~ 'Ib os 11\ c:. c:.~ e ~~ ~~\II~ 4.%, "",Q)"6~ .' _ II) "!C $ G) "''l eei:~ ~'-Q~~()8 !!! ~ ~ G! ' ...;-" Q.... <'" N ,.,.... ~ tit ." 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Q) .- Q) - a ..."" .- " 0 Q) > - ,,",-, " ...c ...s eu ... 5 ~ ; 0 ~ ~ CJ Q), s:- a - ~ (/) Q. U. \II 18-41 ..891 Pacific Highway. Suit. 115 San DlegD. CA 92110 Phone: (Big) .2:91.0103 File: 16191 293.1314 www.!lacs.d.C'lrg I Love A Clean San Dieoo . Backoround & Hlstorv. A diversified environmental education organization that operates throughout San Diego County, I Love A Clean San Diego (ILACSD) offers a broad range of expertise in public education and outreach, event coordination and community relations. ILACSD works to promote countywide awareness of environmental Issues Including resource conservation, waste reduction and recycling, community enhancement and pollution prevention. Founded as a result of the City and County of San Diego "llVar Against Utter Committee,. ILACSD has been a leader in environmental education since Its Incorporation in 1968. ILACSD has seven employees, and receives support from over 10,000 volunteers a year. ILACSD Is a private 501 (c) (3) nonprofit corporation. Prole~ Team Derek D. rurb/de, Executive Director Derek D. Turbide has been the executive director of ILACSD for three years in which time he has directed the acquisition of over $1 million in funding for the organization. Prior to his current position, he was the organization's Program Manager, responsible for the management of multiple contracts, grants and projects. Before joining (LACSD, Mr. Turbide managed a regional marketing and sales program for Green Mountain Energy, a renewable energy marketing company. Mr. Turblde holds a bachelor's degree In Martne Affairs and Is currently pursuing an MBA degree. Jen Winfrey, Marketing Coordinator Jen Winfrey has worked with lLACSD In a marketing and public relations capacity for nearty two years. Jen manages ILACSD marketing and communications activities as well as environmental education campaign development and Implementation. Prior to joining ILACSD, Jen worked In Marketing and Communications at San Diego State University. Ms. Winfrey holds a bachelor's degree in communications and Is currently pursuing a Master's Degree in Intemational and Intercunural Communications. Current Clients and Partners City of Chula Vista Conservation and Environmental Services Department County of San Diego Department of Public Works The Califomia Coastal Commission REI (Recreation Equipment Intemational) San Diego Regional Household Hazardous Waste Partnership (a regional partnership between all San Diego County's jurisdictions with the exception of the City of San Diego) Califomia Department of Conservation Waste Management Current SDonsors NASSCO SeaWartd Frazee Paint and Walicovering Sony Albertson's The County of San Diego Board of Supervisors City of Chula Vista Conservation and Environmental Services Department San Diego Bay Watershed Working Group -.The County of San Diego Department of Public Works Jimbo's Naturally! KUSI News 18-48 Related Current Profects Project: Recycling and Household Hazardous Waste Education Campaign Client: County of San Diego Department of Public Worlls Value: approximately $160,000 annually Term: FY 02103 through FY 07/08 Description: A recycling and household hazardous waste public education campaign geared at San Diego County unincorporated areas. ILACSD staffs a Recycling and Household Hazardous Waste Hotline and conducts an education and outreach campaign to promote the Recycling Hotline. Campaign communications media include school presentations, community ~vents, billboard, radio, point-of-purchase and print advertising, promotional items, and a series of four recycling publications. Project: Used Motor Oil Recycling Education Subcontract Client: South Bay Regional Used Oil Project (Chula Vista, Imperial Beach and National City) Value: $13,000 annually Term: Annual renewal Description: Through funding from the South Bay Regional Used Oil Project's Used Oil Block Grant, ILACSD staffs a Used Oil Recycling Hotline, updates South Bay used oil collection center Information, and delivers used motor oil education and storm water pollution prevention presentations and/or attends community events to educate the public. Project: Adopt-A-Beach Program Client: California Coastal Commission Value: $25,000 Term: October 04. September 05 Description: Establishment of 35 additional adopter signs at participating beaches in San Diego County's Adopt-A-Beach program; educational presentations; and publications to support the program. Project: Kid's Ocean Day Cleanup Client: California Coastal Commission Value: $15,000 Term: Annual renewal Description: Storm water and ocean pollution prevention presentations and the organization of 1,000 elementary school chlidren for a beach cleanup and human art formation, which is photographed from helicopters above. The photos are then distributed to local media to raise awareness about protecting our environmental resources. Project: 24 Hour Fitness Recycling Program Client: California Department of Conservation Value: $100.000 Term: March 05 - October 06 DescrIption: Establishment of beverage container recycling programs at 51 24 Hour Fitness Clubs in San Diego and Orange counties. -...~ Project: Carls bad and Oceanside Recycling Presentations Client: Waste Management Value: $10,000 Term: Annual renewal Description: Recycling and Waste reduction presentations in Carlsbad and Oceanside school districts. -- 18-49 Project: Household Hazardous Waste and Electronic Waste Education Campaign Client: San Diego Regional Household Hazardous Waste Partnership Value: $100,000 Term: January 04 - March 06 DescriptIon: A countywide household hazardous waste and electronics recycling public education campaign, Campaign communications media include community presentations, community events, billing Inserts, promotional Items, publications, and workshops. Project: Volunteer Events Program Client: REI (Recreation Equipment International) Value: $7,000 Term: January 05 - December 05 Description: Funding for presentations and monthly volunteer event supplies, Project: Creek to Bay Cleanup Client: Sponsored by varIous organizations Value: $25,000 Term: Annual event Description: Countywide cleanup event, which aims to raise awareness and restore areas around our coastal and Inland beaches and waterways, Project: Coastal Cleanup Day Client: Sponsored by various organizations Value: $25,000 Term: Annual event Description: Countywide cleanup event, which aims to raise awareness and restore areas around our coastal and inland beaches and waterways. Past Prolect Letters of SupportlRecommendatlon Attachments (Faxed to (619) 397-6254) 18-50 RECEIVED MEMO from ftv Zaneta Salde Encarnacion Constituent Services Manage u; SfP 22 1111 :10 CITY OF CHULA VIS' r CITY CLERK'S OFF!Cf To: Date: Subject: Lorraine Bennett, Deputy City Clerk September 21, 2005 Growth Management Oversight Commission -- _._----_._~._._-_..... .""......,- ....._-- -. Mayor Padilla has nominated Ms. Maria Moya to fill the environmental vacancy on the Growth Management Oversight Commission. P1ease place this on the next City Council agenda for ratification. If you have any questions, please feel free to contact me at 5812. Thank you for your assistance. ?!~-D5 ms, h'Joyq- ",,/~eJ /!OJ... c..u~'I .:s~ ~ eJ?17 oIIt<lq j/'~/-q ...6/C,/C'I. 0'6 ('\\O~ \5 Su..a..L...~b -\v ~\J~ ~e;..oe.<\ ~\.,~ '''' ~"'" ~ ~ t...<...~ \\ ~~ .\::.;, b.,._ CX.u..X.h/.e 6C- ~ L..=,~c\-o. bE' ,~~t i(~S~~ \:;'-0'''' ~ ~~\o~~~ u::>\~ 6\-\ c... _ q~ CJ3.-o$' o?O 11'-/ RECEIVED MEMO from fVlV Zaneta Salde Encarnacion ' Constituent Services Manager 'ffi SEP 22 Al1:1 0 CITY OF CHULA VIS " CITY CLERK'S OFF I To: Date: Subject: Lorraine Bennett, Deputy City Clerk September 21, 2005 Resource Conservation Commission . ...---..-............... Mayor Padilla has nominated Ms. Patricia Chavez to fill the vacancy on the Resource Conservation Commission. Please place this on the next City Council agenda for ratification. If you have any questions, please feel free to contact me at 5812. Thank you for your assistance. ~ 8";k "'-5 /J:Js: cJ,"""1I0'~ ~~J /1P). CU)"~J.7 e:Yl '~/' c;.7iu,#::f I1,SoJct ..6/C;/c fr. ~w~ ,:," - 3-3- CiS e1L~ c2Jt8 -/ ~ I INFORMATION ITEM March 7, 2006 File No. A Y-I05 SUBJECT: The Honorable Mayor and City Council David D. Rowlands J~ty Manager ~ VII/ Matt Little, P.E., Acting City Engineer ~ Various Road Closures Between March 28, 2006 and March 6, 2007 for the Installation of a 230kV Overhead Power Line by SDG&E. TO: VIA: FROM: In an effort to provide for the power needs oftheir customers and comply with the Memorandum of Understanding with the City ofChula Vista, SDG&E will be constructing anew 230kV power line. A portion of the project will be constructed as an overhead line stretching from the Miguel Substation in eastern Chula Vista to the South Bay Power Plant located along Chula Vista's Bayfront. From there, the 230kV line will turn north and be undergrounded, running parallel with Interstate 5 along the Chula Vista Bay Front to the Sweetwater River. From there, the line will continue north in underground and overhead positions until it reaches its terminus at the SDG&E Old Town Substation located in the Linda Vista community of the City of San Diego. The entire project will be within an existing SDG&E easement except for those areas where the line will cross City streets. In order to string the new 230kV overhead line, temporary road closures will be required to insure the public's safety while work over City streets proceeds. These road closures are expected to last between 30 to 60 minutes each and be spread over the duration of the project as construction progresses. The following streets will be affected and generally in this order: 1. Corral Canyon Road 11. TeleJ[raph Canyon Road 22. HilltoD Drive 2. Cumbre View 12. E. Naples Street 23. 2'd Avenue 3. Canvon Drive 13. Foxboro Avenue 24. Orange Avenue 4. Otay Lakes Road 14. Oleander Avenue 25. 3" A venue 5. Ridgeback Road IS. Raven A venue 26. 41] Avenue 6. Buena Vista Way 16. Interstate 805 ((iiJ, E. Palomar St)' 27. Broadwav 7. Paseo Ranchero 17. Nacion Avenue 28. Palomar Street 8. E. H Street 18. Melrose Avenue 29. Industrial Boulevard 9. Camino del Sol 19. Rientsra Street 30. Interstate 5 ' 10. E. J Street 20. Max Avenue 31. Bav Boulevard Roads in hold italics will require detailed detour routes approved by City stalfprior to closure * SDG&E has already obtained permits from CAL TRANS for the work over Interstate 5 and 805. Work will be restricted to Sunday mornings from sunrise to 8:00 a.m. I Honorable Mayor and City Council March 7, 2006 -2- Closures of these streets, even for short durations, will require coordinated efforts between SDG&E, their contractor, and City Staff. Because the construction schedule for a project of this magnitude is likely to change, the City will be requiring the following to make sure the proper City approvals and notifications occur: I) All road closures will require 72 hours of notification via variable message signs placed at City approved locations immediately prior to the closure. 2) City Staff will be notified by SDG&E or their contractor of all closures at least three weeks ahead of time identifying the location and approximate day the closure will take place. 3) City Staff will approve detour plans fo be submitted by SDG&E at leastthree weeks prior to the closure for roads identified as either having significant traffic volumes or difficult detour routes that may not be readily apparent to motorists unfamiliar with the area (see italicized roads in above table). 4) City Staff will be notified by SDG&E or their contractor three days prior to thc closure verifying the location, day, and approximate hour the work will take place. City Staff will notify Council at least one week prior to any road closure as well as adequately notifY Chula Vista Transit and all emergency service providers. Closures will only be allowed between the hours of 9:00a.m.and 3 :OOp.m. to avoid the major peaks in traffic patterns on City streets. Notification will also be made regarding work to be done over Interstate 5 and 805 as City Streets may experience an increase in traffic during this time. The purpose of this memorandum is to advise the City Council of said closures in accordance with Council Policy No. 576-15, which requires that Council be notified in advance ofa request to close a street for major construction work. If Council has no objections to the proposed street closures at the Council meeting on Tuesday, March 7, staff will implement the procedure outlined above. cc: Liz Pursell, Public Information Officer Rick Emerson, Chief of Police Doug Perry, Fire Chief Dave Byers, Director of Public Works Operations Police and Fire Dispatch J: \Engineer\Landdev\Projects\Bay Front\SDG&E Undergrounding\RoadClosures .doc __;1- ~T5 ~/'I\~ ~I.. Metropolitan Transit System 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 (619) 231-1466. FAX (619) 234-3407 I I PRESS RELEASE Date: March 7, 2006 Number: 06-10 Contact: Luis Gonzalez 619.557.4535 FOR IMMEDIATE RELEASE MTS HOLDS SECOND PUBLIC HEARING ON PROPOSED TRANSIT RESTRUCTURING San Diego, CA - The MTS Board of Directors is seeking public input to help guide the decision making process for the proposed restructuring of transit routes throughout San Diego. The proposed changes will include current bus routes, increased service for routes with high demand, and the reduction or elimination of service for bus routes with very low ridership. To enable the largest number of people to participate, MTS has scheduled three Public hearings. The first meeting was held Thursday March 2, 2006 and the remaining two meetings will be held: Wednesday, March 8, 2006 6:00 p.m. German American Hall 1017 S. Mollison Avenue EI Cajon, CA 92020 Shuttle Bus Available From EI Cajon Transit Center Thursday, March 9,2006 9:00 a.m. Golden Hall/Plaza Hall San Diego Concourse 1 51 Floor 202 C Street San Diego, CA 92101 . I All meetings are open to the public and participation is highly encouraged to help guide the decision making process by the MTS Board of Directors. MTS will answer all questions regarding proposed bus route changes at each hearing. The Comprehensive Operational Analysis (COA) is the first comprehensive master planning effort conducted by the Metropolitan Transit System for its bus operations in more than two decades. The COA included customer research, analysis of each of the system's 90+ routes and their ridership data as well as community outreach. The COA is designed to reverse declining ridership trends, increase operating efficiencies and generate greater revenues by reallocating resources to areas that generate the greatest ridership potential. It realigns the system with where people live and where they need public transit to take them. For further information on COA and on proposed changes to transit routes visit www.sdcommute.com and click the COA link or contact 1-800-COMMUTE ( 1-800-266-6883). ### I 07 March 2006 City Council of Chula Vista Board Members 276 4th Ave Chula Vista, CA 91911 Honorable Council Members, This petition is from the residents of Sunbow II requesting that street lights be installed on Ingram Street to mitigate a safety issue. Since December 1999, the area surrounding Sunbow II has expanded greatly with development of new homes, schools, creation of Olympic Parkway and the extension of East Palomar into Otay Mesa. We have safety concerns regarding Ingram Street which is off Brandywine and intersects with Owen Drive. Specifically, for the past 6 years we have had friends and relatives who visit residents of Sunbow II state that they are very uncomfortable parking their cars on Ingram Street during the evening hours because there is no streetlight. The road is very dark in the evenings. During Halloween, we have had parents who park their cars on Ingram Street also state their safety concerns and have asked various residents why can't the City of Chula Vista install streetlights on Ingram Street for safety purposes? Another concern if a person was to have a heart attack, seizure, etc. with no streetlight it makes it very difficult for people to assist or call Emergency Services for immediate assistance. During the past year, residents of Sun bow II have contacted the Public Works and City Engineers Office requesting that streetlights be installed on Ingram Street. Recently, specific residents were contacted by the City Engineer's Office and informed that they are looking into the request. We, the residents of Sunbow II submit this petition with the hope that the City Council, City Engineer and Traffic Control collectively agree on the significance of the safety issue that exists and that street lights be installed on Ingram Street. We also extend an invitation to the CounciImembers to visit the area of concern. Point of Contacts to coordinate date and time of visit as follows: Elroy K. Kihano Home: 619-482-9044 Cell: 619-370-6972 Vilma B. Coquia Home: 619-656-0027 Sincerely, Sunbow II Residents Copy to: Stephen C Padilla, Mayor Patricia E. Chavez, CounciImember John McCann, Councilmember Jerry R. Rindone, Councilmember Steve Castaneda, CounciImember David D. Rowlands Jr., City Manager Anne Moore, City Attorney Dennis M. Wolfe, Engineering Division J-" ,"\" ./" , . I- I l_ NAME ---- ~/ c:t~ I' , ~:> ' Avz FAMILY HOMELESSNESS IN CHULA VISTA SOLUTIONS TO A PROBLEM: ENDING AND PREVENTING FAMILY HOMELESSNESS ~ ~M'It~j):J:, --- "-,~ ""-""- CHULA VISTA 1e{.h'jh'JI'I~I..".M.J. .~, :1.] :f~'n'J:::I By The South Bay Homeless Advocacy Coalition A Special Committee of the Chula Vista Community Collaborative May 2005 1 FAMILY HOMELESSNESS IN CHULA VISTA SOLUTIONS TO A PROBLEM: ENDING AND PREVENTING FAMILY HOMELESSNESS Homelessness is one of our nation's most serious social problems and one of the fastest growing segments of the homeless populations is families with children. The primary cause of homelessness among families is the growing gap between housing costs and income. As rents soar, housing becomes out of reach for the working poor and those that fall below the poverty line. As a result, more families are in need of housing assistance. Currently the wait for HUD subsidized housing assistance is approximately 5 years. A lack of adequate housing to meet the needs of a wide range of citizens can lead to homeless ness, which severely impacts the health and well being of all family members and the community at large. A larae and arowina number of low-waae workers are unable to afford the orevailina market rate rents in Chula Vista. "When we were homeless, it was so hard. We had to move around and stay with relatives and we knew that they were getting tired of us. My Mom was really depressed. I didn't go to school very much and I got really behind in school. We couldnl find a place to live that we could afford for six months. That was two years ago and I still haven 1 caught up in school. My Mom still has a really hard time." (Female, age 17) The steady decline in affordable housing units for very low-income families has added to the financial pressures facing low income working families. As a result of the shortage of affordable housing, many families are forced to spend far too much of their incomes on rent. These families face severe financial pressures, many merely a paycheck or unexpected bill away from homelessness. Their families are at risk and challenged to meet other basic needs, such as food and medical care. Particularly serious are the pressures faced by millions of local families in the transition from welfare to work - families for whom housing is typically the number one cost burden. Families in Chula Vista need to earn substantially in excess of the federal poverty level just to provide for their basic needs. The federal povertv level for a familv of four in Chula Vista is $19.350. which represents the aross earninas from a full-time iob pavina $9.30 an hour. A worker earnina minimum waae in Chula Vista would have to work 114 hours per week in order to afford a two-bedroom apartment (rentina at $1000 per month!. 2 "Affordable" is out of Reach for the Lowest Income Families In Chula Vista, the City has accommodated the needs of many families through the provision of "affordable" housing. But affordable housing is still out of reach for many local families, increasing their risk for homelessness. The City considers families earning up to 50% of the median income to be "very low income", and it regulates rents to be within reach for families in this category. But we find that many families earn less than 25% of the median income and affordable rents would require them to spend 50%- 80% of their income in rent. This leaves the lowest income families (those that cannot afford rents in affordable housing project) in an unsustainable situation. Renters are forced to pay unbearably high percentages of their incomes to afford housing, a situation which, at best, prevents their saving and planning for home ownership, and, at worst, compels them to choose among purchases of basic necessities. In some families, the adults work two, three or more jobs to make ends meet with little time left to be the kind of parents they want to be. Or they live in overcrowded or substandard housing that threatens the physical and emotional well being of each family member. At times, families cannot pay the rent and are evicted, and start on a downward spiral with bad credit, destabilized work, school and family life, and ultimately are at risk of impending homelessness. Housina Affordabilitv and Familv Outcomes "We were homeless for over a year. We did our best to hide it; we were so humiliated. I still feel embarrassed about it and we've had a place for six months now. We lost our apartment when my husband's car broke because he couldn 1 get to work. We got the car fixed, but then he had to find another job. It just took so long to save enough to move in somewhere. We stayed with family all over the place. We slept in the car a few times too. "(Mother of 4) Subsidized housing and affordable housing for the very low income is vitally important to the low wage workforce. The San Diego Union Tribune reported in June 2004 that the San Diego County housing department is cutting back monthly payments for about 4500 households because of an anticipated $6 million shortfall in federal rent subsidies. Research shows that housing subsidies help families to obtain and retain employment by increasing family stability and freeing up income for work related expenses such as childcare. Family stability also improves student achievement. As subsidized housing decreases, the City of Chula Vista must respond to the needs of very low-income families if we are to continue to be an inclusive, economically stable community with a diversified labor force. While the City of Chula Vista has made tremendous strides in addressing the needs of its citizens, more needs to be done. Our most vulnerable, the very low-income families, are falling through the cracks as evidenced by the rising number of families who become homeless. Failing to meet the needs of these families has serious consequences that go beyond shelter and community concerns, consequences that are just beginning to be understood: 3 . Hundreds of thousands of children in America have suffered disease, serious injury, malnutrition and educational failure because they live in housing that is substandard or too costly (2) . Housing problems lead to instability. Very low-income families move 50%- 100% more frequently than families that are not poor. Among children who move frequently, 23% fail at least one grade in school, as opposed to 12% among children who never or infrequently move. Children who move frequently exhibit more behavioral problems than children who live in stable housing. (3) . Many low-income families face a catch 22 situation. If they move out of the community to live in housing they can better afford, they may not be able to get or keep a job; but if they move closer to work, their housing costs may rise to the point where they have difficulties affording necessities, including work-related expenses. (4) "After we lost our apartment, I lost my job because it was just really hard to manage staying here and there. I couldnl keep anything straight. The kids missed a lot of school too. There were times when I didnl bring them because I didnl have anywhere to wash their clothes, and I didnl have any money, so I didnl send them because their clothes were dirty. " (Female, divorced parent of two) Focus on Current Housina for Families Below Very Low Income Ensuring that all families have opportunities to obtain stable housing does not translate into the creation of slums or substandard living conditions. The City of Chula Vista has already proven its ability to provide very low-income housing while maintaining a safe and clean atmosphere. The Chula Vista Police Department Crime Free Multi- Housina partners with 90 properties at this time. The Crime Free Multi-Housing Program addresses the crime prevention needs of apartment communities, reduce the incidents of crime, reduces the fear of criminal activity, and increases the quality of life of apartment residents. While 'Low-Income Housing Projects' are often associated with high crime rates, this is not the case in Chula Vista where a partnership is built between the Police Department, apartment communities, and their residents. The Police Department has partnered with many low income-housing properties in Chula Vista including Trolley Terrace (the first certified Crime Free Multi-Housing property in Chula Vista), Dorothy Street Manor, and Oxford Terrace Apartments. These properties are safe communities with low police calls for service and minimal incidents of crime. They are also communities that encourage the residents to become involved with the neighborhood to promote a high quality of life. Oxford Terrace Apartments is a HUD housing property. In October 2003 their HUD representative wanted information about criminal activity at Oxford Terrace compared to market value apartments in the area. We compared reported criminal activity and calls for police service for Oxford Terrace Apartments (a certified Crime Free Multi-Housing 4 Property) to an apartment community in the same neighborhood that is not participating in the Crime Free Program. In the six month period checked, the "at market property" that was not participating with the Crime Free Program had 101 calls for police service and 28 reported criminal incidents while Oxford Terrace had 14 calls for police service and 2 reported crimes. Oxford Terrace Apartments the 'Low-Income Housing' property had significantly lower calls for police service and crime. This trend continues today. Organizations like South Bay Community Services and Chelsea Investment Co. are building quality affordable and low-income housing in Chula Vista all of which participate in the Crime Free Multi-Housing Program. Workinq Toaether While we acknowledge that the city has done a great deal to provide for affordable housing needs, more can be done. We are proposing that the city also provide a sufficient number of affordable housing units that benefit lowest income families. This housing is necessary to support a local economy that is dependent upon a significant number of low-wage workers. Chula Vista benefits from a wide range of social supports for its residents through many local organizations. Such organizations are already serving many of the families that are at risk of homelessness, or are currently homeless. We propose to work together with the City to ensure not only the availability of affordable housing for the lowest income families, but also the provision of family support services necessary to maintain stability. Through on-site community partnerships we propose that the City not only meet the housing needs of all of its citizens, but also that we build upon existing partnerships to provide services to meet the needs of families who are struggling. Some partnerships already exist and have been successful in assisting families to stabilize. Who will benefit? A lack of affordable housing for the lowest income families is an impediment to local economic growth if employers must struggle to continuously find and keep reliable workers when those same workers cannot afford to live nearby. Businesses have difficulty maintaining a stable workforce without adequate places for workers to live. The economy of Chula Vista will feel the impact when significant numbers of people who work here have little money to spend due to the high cost of housing. "My Mom insisted that we keep our homelessness a secret. I did my best to keep that secret but I know that teachers noticed that we were dirty, or late a lot, or absent. Kids get really good at keeping secrets if they have to. It's weird because my Mom was still working, she was always working, but we still lost our home." (Female, age 17). 5 Affordable housing for a wide range of citizens will enhance our local economy and strengthen local commerce. Business will be able to maintain a reliable workforce with adequate places for employees to live. Employees will spend their money in the community where they live. Ultimately, ensuring that all families have the opportunity to live in safe, stable housing benefits all. Housing is the backbone of a community. If housing is too expensive or of poor quality, it is harder for residents to become connected to that community and develop a sense of belonging. In many of our poorer areas, little money is left over after the rent is paid, consequently few resources are available to pay for quality healthcare, nutritional food, job training, childcare and transportation which can aid in breaking the cycle of poverty. 6 FAMILY HOMELESSNESS IN CHULA VISTA SOLUTIONS TO A PROBLI!M: I!NDING AND ,PRI!VI!NTING FAMILY HOMI!LI!SSNI!SS The South Bey Homele.. Advocecy Coelltlon (SBHAC) The relationship between homelessness and housing for the very low.lncome . A large number of low-wage workers are unable to afford housing in Chula Vista . Famillea In CV must earn in excess of the federal poverty level to provide basic needs . Lack of houaing for the very low-Income can lead to homeless ness, Impacting the health of families and communities The City of Chula Vista Income Definitions Low Income (80% AMI) . Family of Four = $54,800 Very Low Income (50% AMI) Family of Four = $34, 250 "Affordable Housing" is out of reach for the Lowest Income Families Many families earn less than 25% of the median income ($15,850 for a family offour) I Implications I , Adults work 2 or 3 jobs to make ends meet , Families live in overcrowded or substandard housing , Physical and emotional well-being are threatened for all family members Other consequences beyond shelter and community concerns Homelessness = increase in: Disease Injury Malnutrition Educational failure . Very Low Income Families move SO- 100% more than non-poor families . Among children who move frequently - 23% fail at least one grade level . Children who move frequently experience more behavioral problems I Downward Spiral I Evictions Bad Credit Destabiiized Work School Attendance and Learning Affected At-risk of Homeiessness I Housing Affordability and I Family Outcomes Research shows that housing subsidies help families obtain and retain employment .0. Increasefamity stability .0. Increase student achievement .0. Increase ability 10 meet basic needs San Diego County Housing Department reported an expected cutback of $6 million in federal rent subsidies San Diego Tribune Report (2004) Focus on Current Housing for Low Income Families Quality Housing For All is Possible Ensuring Stable CV already Housing for provides some all Citizens low income does not housing that is translate to safe and clean slums 2 L Successful partnership~--I South Bay Community Services and Chelsea Investment Co. continue to build quality affordable housing in Chula Vista All participate in the Crime Free Multi- Housing Program A Proposal to Work Together - More housing to benefit the lowest income families needs to be created now Partner with local social service organizations and the faith community to ensure housing and family support to maintain stability I Local Impact I . Lack of housing impedes economic growth. . Employers struggle to keep reliable workers . High housing costs = little money to spend . Wide range of housing = enhancing local economy . Employees who live near their workplace will spend money in their community Housing is the Backbone of the Community 3 Project: Cornerstone at the Woods Lot No ! 3 )S' DISCLOSURE (EastLake Business Center) Portions of the EastLake III Community are situated within the vicinity of a commercial business center called the "EastLake Business Center." The EastLake Business Center is separate from and operated independently from the EastLake III Community. The EastLake Business Center is zoned only for industrial, research, and administrative uses. In addition to the foregoing, there are currently CC&Rs of record which cover the lots within the EastLake Business Center. The CC&Rs impose certain restrictions on the lots including, among others, the following: 1. No Residential uses 2. No Trailer courts or recreational vehicle campgrounds 3. No Junk yards, recycling facilities, auto dismantling operations; 4. No drilling for and removing oil, gas or other hydrocarbon substances through any surface entry; 5. No refining of petroleum or petroleum products; 6. No commercial storage of petroleum products; 7. No excavation of building or construction materials (except for excavation necessary in the course of approved construction); 8. No dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals or other refuse; 9. No stockyards or slaughter of animals; 10. No smelting of any ore; 11. No cemeteries; 12. No jailor honor farms; 13. No labor or migrant worker camps; 14. No concrete ready mix plants; 15. No blacksmith shops; 16. No storage of construction materials and equipment 17. No automobile body repair, automobile engine repair, or new and used on-site retail automobile sales; 18. No use which is prohibited by any governmental regulations; 19. No raising, breeding, or keeping of animals, livestock or poultry on or in the EastLake Business Center except for guard dogs used only for security purposes and animals that may be used for scientific research which are maintained within the EastLake Business Center. Cornerstone at EastLake Woods Business Center Disclosure 20837-23/1963224.1 The foregoing restrictions are provided for informational purposes only. The foregoing restrictions apply solely to the owners of lots located within the EastLake Business Center and do not apply to the EastLake III Community. Also, upon purchase of your Lot, you will not have any right to enforce any of the restrictions listed above, which may be modified at any time. Neither Seller nor the Community Association have any control over the EastLake Business Center or the uses that are permitted at the EastLake Business Center (see Exhibit "A" attached hereto and incorporated herein). Furthermore, neither Seller nor the Community Association has any control over any future amendments which may be made to any restrictions currently encumbering the EastLake Business Center. By signing below, you are acknowledging that you have read, reviewed and approved of the content fthis Disclosure (EastLake Business Center). Date: Date: Buyer: Buyer: LOh/tY Cornerstone at EastLake Woods Business Center Disclosure 20837-23/1963224.1 DISCLOSURE STATEMENT FOR CORNERSTONE AT THE WOODS, EASTLAKE III AND THE CONTIGUOUS AREA SELLER: TERVENO, L.P., a California limited partnership BUYER: LOT: / "3 ~ ofTRACT 14394 or Q4579) (Gircie one) DISCLOSURE STATEMENT FOR CORNERSTONE AT THE WOODS, EASTLAKE III AND THE CONTIGUOUS AREA, is provided to Buyer in connection with the Real Estate Purchase Agreement Join! Escrow Instructions and Receipt for Deposit entered into between Buyer and Seller dated 20 _rAgreemenr) for the purchase by Buyer and sale by Seller of the above referenced real property ("Property"). This Statement is not intended to supersede the information disclosed in the Final Subdivision Public Report for Cornerstone at the Woods ("Public Report"), the First Amended and Restated Declaration of Covenants, Conditions and Restrictions of EastLake Ill, and additional recorded documents which affect the Cornerstone at the Woods development (gProjecf') and the Property, which Buyer acknowledges has been received and reviewed. Seller emphasizes that these documents should be reviewed and understood by all new and future homeowners at the Project Seller has utilized reasonable efforts to present current information in this Statement; however, Seller does not represent or warrant the accuracy or completeness of this information. Moreover, Seller has no control over many of the matters covered in this Statement as they fall within the jurisdiction of various public agencies or result from actions of prior and/or adjoining landowners. Much of the information presented in this Statement is subject to change. Questions concerning the contiguous area should be directed to the relevant public agency or organization referenced in this Statement. 1. Master Planned Communitv of EastLake III Community. The residence which you are purchasing is situated within the master planned community commonly known as the EastLake III Community, which is being developed by The EastLake Company ("Master Developer" or "Declarant"). If developed as proposed, the EastLake III Community may include approximately 3400 dwelling units, which may consist of condominiums, single family residences, custom lots and apartments. There is, however, no guarantee that the EastLake III Community will be developed as planned. 2. Governina Documents. When you purchase a Lot in the EastLake Jll Community, you will automatically become a member of the EastLake JII Community Association ("Community Association") and you will be subject to assessments and certain covenants, conditions and restriction which are set forth in the First Amended and Restated Declaration of Covenants, .Conditions and Restrictions of EastLake III (the "Community Declaration"), Bylaws of the EastLake III Community Association ("Bylaws") and Articles of Incorporation of the E astLake 111 Community Association ("Articles 0 f Incorporation"). T he Community Declaration establishes an Architectural Committee which is responsible for design review for the EastLake III Community and administers, interprets and enforces the EastLake III Community Design Book ("Design Book"), the document designed to enhance the quality of all planning and architecture of the EastLake III Community. The Community Association may also promulgate rules, procedures and other guidelines for the governance of the EastLake lH Community which will be set forth in the Community Handbook. (Herein the Community Declaration, Community Bylaws, Community Articles of Incorporation, Design Book and the Community Handbook promulgated by the Community Association are referred to as the "Governing Documents"). You should review each of these documents carefuily. 3. Enforcement of Governina Documents. Pursuant to the terms of the Community Declaration, the Community Association or any Owner shall have a right of action against any Owner, and any Owner shall have a right of action against the Community Association, to enforce the provisions of the Governing Documents. The Community Association may bring action against Owners for the collection of assessments, including fines imposed by the Community Association against Owners for violations of the Governing Documents. The City shall have the same rights to enforce the provisions of the Community Declaration as an Owner in the EastLake III Community. 4. Mandatory Alternative Dispute Resolution. The Seller has recorded a Declaration of Covenants against the lots with the Cornerstone at the Woods project which requires all disputes between the Seller and the owner of Lots within the Cornerstone at the Woods project to be resolved through arbitration. Any dispute between the owners within Cornerstone at the Woods and the SelJerwill be resolved pursuant to the alternative dispute resolution procedures set forth in the Declaration of Covenants and any disputes between the owners within the Cornerstone at the Woods project and/or the Community Association with The EastLake Company and/or the Merchant Builders and related parties will be resolved through mandatory alternative dispute resolution procedures including mediation and, if mediation is not successful, judicial reference, pursuant to the Community Declaration. By using such procedures to resolve disputes set forth in the Community Declaration and/or the Declaration of Covenants, the parties to any disputes waive their rights to a jury trial. The Community Declaration has a waiver of any right to punitive damages, but the Master Developer has elected to waive any right to enforce the waiver of punitive damages. ComerstoneattheWoods Disc10sureStatement 20837'(}(){)23191571O.2 5128/04 stain or discolor. It is possible that the non-domestic water will migrate onto residential lots or condominium units within the EastLake III Community. In addition, because water overs pray may occur in the use of recycled water, the repeated spray of recycled water may stain or discolor personal property, fencing and structural improvements over time. Non-domestic water is generally disinfected with chlorine, and its clarity to the human eye is indistinguishable from potable water. The standards imposed for non-domestic water quality are established by various governmental regulatory agencies, and these standards are subject to change. Neither the Declarant, any Merchant Builders nor the Community Association has any control over the use or standard for non-domestic water. The Declarant is not liable for any property damage or personal injury caused by recycled water. 16. Continued Construction. The residence which you are purchasing is situated within a new and developing master planned community. Please be aware that ongoing construction will continue throughout the overall projected development of the EastLake III Community and surrounding areas and you and your property and guests may be Inconvenienced by road improvements, dust, noise and other nuisances and impacts associated with such ongoing development. 17. Common Maintenance Areas. Portions of some residential lots or other areas not owned by the Community Association may also be maintained by the Community Association as "Common Maintenance Areas" as provided under the Community Declaration. You should review the Community Declaration and any Supplementary Community Declaration covering your residential lot, and, if applicable, the grant deed conveying your residential lot to confirm whether any portion of your residential lot IS subject to a Common Maintenance Area easement. 18. Maintenance Obliaations of the Community Association. The EastLake III Community Association has certain maintenance obligations described in the Community Declaration. These maintenance obligations include maintaining areas owned by the Community Association in fee or by easement. 19. Multi.Familv Housina: Portions of the EastLake III Community consist of real property which may be developed as apartments and which may be included in the Community Property subject to the Community Declaration. The owner of any Apartment Project will pay fifty percent (50%) of the amount of the per-unit assessments levied by the Community Association and the Neighborhood Representatives will have one-half (% ) of a vote for each apartment unit within the Apartment Project, once it becomes subject to the Community Declaration. These areas m ay a Iso be initially developed a s or converted in the future to condominiums. If any apartment units are converted to condominiums, the assessment obligations and voting rights of each Owner of a condominium unit would be the same as any other Owner of a residential lot or condominium unit within the Community Association. 20. Public Access within EastLake III Community. As required by the City, the EastLake 111 Community is subject to access rights in favor of the public for the purpose of allowing publlc ingress and egress over all bicycle and pedestrian trails. Certain parks and pedestrian pathways in the EastLake III Community will also be open to public use, as required by the City. 21. Affordable Housina. The EastLake Community is a balanced master-planned community which has been planned to provide a range of residential housing from custom, high-end homes to affordable homes and apartments. EastLake complies with all state and federal fair-housing requirements (which prohibit discrimination) and with state and locally mandated affordable housing requirements (which require providing housing and apartments for citizens with incomes less than the average median income for the area). In connection with the overall development of EastLake Trails, the City of Chula Vista and EastLake have entered into an affordable housing agreement which requires the construction of certain affordable housing units within the EastLake!ll Community and in connection with the development of later phases of the EastLake 111 Community, the Master Developer may b e required to enter into 0 ther a ffordable housing agreements. The Master Developer and the City are currently considering several sites within EastLake for the construction of such affordable units. The ultimate location or locations of the affordable housing units will be determined by the City of Chula Vista and/or the Master Developer. For further information concerning the details and benefits of the balanced community planned for the EastLake 111 Community, you may obtain a summary of the EastLake Master Plan and a copy of the City of Chula Vista Inclusionary Housing Policy from the City of Chula Vista, Community Development Department at 276 Fourth Avenue, Chula Vista, CA 91910 (619/585-5722). 22. ~ =~ t.;l"'- ~. ~ is sntlclpaled lh8Ic:ert8In focllillo..,lttlln ... .M1~~ . =...~nf\lhtllghllng WhIch ..... !lellMdlit.. ovonlngs to allow c:onlInUlld ...lII'tiIiIIl....... At tile preoent ffme. such lighting is included in (0) tile driving range and clubhouse situated within t?'IE! gtfI!"course, (b) the school and school field sites and (c) other park facilities situated in or within the vicinity of the EastLake 11l Community. A proposed City of Chula Vista public park(s) is planned to be constructed adjacent to portions of the EastLake III Community. The Master Developer has no control over when and if these public parks will be constructed and the design or use of such parks. Some lighting may b 8 visible from residences within the EastLake III Community. Noise generated by the use of these facilities may also be heard from residences within the EastLake III Community. There is no implication of added safety or security with respect to any lighting within the EastLake III Community due to the installation of any lighting by the City, Master Developer or any Merchant Builder. For further information, contact the City Parks and Recreation Department at 619-409-5979. 4 Cornerstone at the Woods DisclosureStatemenl 20837-000231915710.2 5128/04 37. Aaricultural Use. Areas within the vicinity of the EastLake III Community may be used for agricultural purposes. Such agricultural uses will result in certain nuisances, including noise, odors, dirt, manure, livestock, pesticides, chemicals and other nuisances that are associated with agricultural operations. 38. Surroundlna Land Uses. 38.1 State Route 125. State Route 125 rSR 125") is being constructed in the vicinity of the EastLake III Community. The EastLake III Community may be impacted by noise, pollutants, lights, traffic and other impacts from State Route 125. SR 125 is a two-phase project that consists of constructing about 12.5 miles of new highway from SR 54 near the Sweetwater Reservoir to SR 905 in Otay Mesa near the International Border. Phase 1 construction of the injtia16~lane freeway from SR 54 to Jamacha Boulevard gGap" and construction of the freeway-to-freeway interchange between SR 54 and SR 125 "Connector" began in Fall 2002 and is estimated for completion by Fall 2005. Phase 2 construction of9.3 miles of 4-lane highway from south of SR 54 near the Sweetwater Reservoir to SR 905 near the International Border and tollway system is currently scheduled for the groundbreaking Spring 2003 with a current estimated for completion by Spring 2006. There may also be freeway interchanges in the vicinity of the Project. Neither Master Developer nor Seller have control over if or when SR 125 will be built. For more information regarding SR 125, please contact the California Department of Transportation, District 11 at (B19) 688-6670 or visit their website at www.dot.ca.gov/dlst11 . 38.2 Chula Vista Transit. The City of Chula Vista may provide transit services to and through the EastLake III Community. Transit stops may be provided at several locations throughout the EastLake III Community. The Master Developer does not control the location or operation of Chula Vista Transit facilities within the EastLake III Community. For more information concerning these facilities, please contact Chula Vista Transit. 38.3 Brown Field and San Dieao Airspace Center. The EastLake III Community is subject to the overflight, sight and sound of aircraft and helicopters operating from Brown Field which is located approximately 4-5 miles from portions of the EastLake III Community and recreational aircraft operating from the San Diego Airspace Center which is located approximately 1 mile from portions of the EastLake III Community. Owners may frequently see, hear and have frequent interference of certain activities by aircraft and/or helicopters operating to and/or from Brown Field and the San Diego Airspace Center. Although Brown Field currently services mainly general aviation, there have been some discussions about developing Brown Fieid into a major international cargo airport, the effect of which would be to increase the number of flights and the size of aircraft which would utilize Brown Field. No warranty is made as to whether this mayor will occur. For more information regarding activities at Brown Fieid or the San Diego Airspace Center, piease contact Brown Field or the San Diego Airspace Center. 38.4 Lindberah Field. The EastLake III Community is subject to the overflight, sight and sound of aircraft operating from Lindbergh Field which is located approximately 21 miles from portions of the EastLake III Community. Owners may frequently see, hear and have frequent interference of certain activities by aircraft and/or helicopters operating to and/or from Lindbergh Field. Lindbergh Field is a major intemational airport, with numerous flights and large aircraft. For more information regarding activities at Lindbergh Field, please contact Lindbergh Field. 38.5 lower and UDDer Otav lake Reservoirs. The Upper and Lower 0 tay Lake reservoirs are located adjacent to portions of the EastLake HI Community. The Upper and Lower Otay Lake reservoirs, which are owned and operated by the City of San Diego, collect run-off waters and are possibly used for potable water. The water levels within the reservoirs fluctuate. The Master Developer has no control over the reservoirs. For more information, please contact the City of San Diego Water Department. 38.6 Hanson Aaareaate Rock Quarrv. There is a rock quarry located approximately 5 miles from portions of the EastLake III Community. There may be dirt, dust, noise and/or other impacts attributable to such rock quarry. Additionally, trucks may enter or exit from the rock quarry onto Telegraph Canyon Road and other roadways adjacent or near the EastLake III Community. For more information, please contact the Hanson Aggregate rock quarry. 38.7 Donovan Correctional Facilltv. The Richard J. Donovan Correctional Facility is located approximately 4 to 5 miles from portions of the EastLake III Community. This facility is operated by the California Department of Corrections. This state prison provides medium and maximum security for inmates serving sentences longer than one year. The prison may impact the EastLake III Community with lighting and other impacts associated with such a facility. For more information, please contact Donovan Correctional Facility. 38.8 GeorQe F. Bailev Detention Facilitv. The George F. Bailey Detention Facility is a County of San Diego detention facility located approximately 4 to 5 miles from portions of the EastLake III Community. This facility accommodates inmates in medium and maximum security facilities and may impact the EastLake III Community with lighting and other impacts associated with such a facility. For more information, please contact the County of San Diego. 36.9 United States Olvmolc Trainlna Center. The United States Olympic Training Center ("OTC") is located approximately adjacent to portions of the EastLake III Community on approximately 154 acres. The OTe is owned and operated by the United States Olympic Committee. The OTC may draw 7 Comtrslone at the Woods DisclosureSl.atement 20837-00023 1915710.2 5/28/04 an estimated 500,000 visitors each year. The impacts from the OTe may include traffic and other impacts associated with such a facility. For more information regarding activities at this facility, please contact the ARGO/United States Olympic Training Genter. 38.10 Futu"AdIa.,.".I..anI!~ c...IJ Umel<eaI1!!.~~ ua':,.,an~...... Ff.j..=.......=...~.../dI~:IJ.." '..'=::=.'lIlI ".llrl.~~...ci.".' .' ......&l.."......." on ~ ....... 10.... Ul!t,. ., ...."....,... ... ..... .... .. ... .... =~. c.:~~dilll ~~.- . ...... 'W-"ltyoflhe _____1II CallIIIUlIlIy. ,. 38.11 Electric Generatina Plant. It is anticipated that an electric-generating plant and related facilities, including a natural gas pipeline, will be located apparently four to five miles from the EaslLake III Community. If developed as planned, the natural gas~fired combined cycle power plant will be used for the generation of electricity and will include all of the necessary facilities for its operations. 38.12 Coors AmDhitheater. The Goors Amphitheater is located in the vicinity of the EastLake Community Ill. This facHity hosts approximately 20,000 spectators for live concerts and other entertainment and may impact the EastLake III Community with noise, significant traffic, lights, and other impacts associated with such a facility. For more information, please contact Coors Amphitheater. 38.13 Knott's Soak City. Knott's Berry Farm operates Knott's Soak City and is located in the vicinity of the EastLake III Community adjacent to the Coors Amphitheater. Knott's Soak City is a recreational water park which offers water slides, a wave pool, picnic areas and other recreational amenities. The park is anticipated to operate approximately May through October. The impacts from Knott's Soak City may include traffic, and other impacts associated with such a facility. For more information regarding activities at this facility, please contact Knott's Soak City. 38.14 EastLake Greens Golf Course. The EastLake Greens Gotf Course is located immediately west of Hunte Parkway and portions of the EastLake Community. 38.15 Park Site. A Park Site is located adjacent to the EastLake Community. is.16 YiIlU. Purchaser acknowledges Ihal: leI 1t1efe.. no 1l'0lll!'l0<l~' anq'19l,c>l or r..ldonee iaasouredofll1e..-..... qoIlIIIIyor\lllllbllruOlll...............,~ .....1. _'~il'l~w (fOOleLot.. - .. ......Illll~...pwtllfllle.......ofl.rt='_......=-(Cl 1uturedeve&Q .. ,t CQ06k "," ,. ~ ~,' .", ..('''-;. ' ",'_. ~,.....<<_ " _. ' , .' or .. '. .........l"')!!Il...1ifoi\t...I'1......~.1Jlo ...."'...!I!........lP\IiiIi!ll:... ..'jf........... *"....'.........'1. :p'~~ :Q.'"JUor/lhr-'1lIlIY II1evlewfromP.... ,.;qt . .. ~_!IIIIlIl'lIIo'o...: .J ~" ~m ....--"Ylhill"*"lo_..j!iif;. 111 the ..;il\yllUoh view or lhel enyvlewwllJfmped="~~.~Hltyofany lot or Residence. nor_ th. Master Developer conll'oIlhe use of surrounding propeiiles. 38.17 ProDosed University Site. There is a possibility that a university or university extension may be planned for a site within proximity of the EastLake 1If Community. However, the location and timing of such potential university is unknown and the Master Developer has no control over the possibility or probability of such university being constructed. 38.18 ProDosed Hotel Site. There is a possibility that a hotel may be planned within the vicinity of the EastLake III Community. However, the location and timing of such potential hotel is unknown and the Master Developer makes no representations or guarantees regarding the possibility or probability of such hotel being constructed. 38.19 Pro Dosed Churchles). Various churches are planned to be developed within and in the vicinity of the EastLake 1Il Community. The Master Developer makes no representations or guarantees regarding the possibility or probability of such church or churches being constructed. 38.20 EastLake III Business Center. The EastLake III Business Center is situated in the vicinity of the E astLake III Community. N either the Master Developer n or the E astLake III Community Association has control over the business and industrial uses at the EastLake Business Center. 38.21 SDorts Facilities. Some of the various sports fields located within the Project are owned by various organizations outside of the control of the Master Developer and the EastLake III Community Association. 39. Community Association Maintenance Disclosure. The maintenance requirements of the EastLake III Community Association are generally described on Exhibit nc" attached hereto. Each Owner by their execution or initials set forth in Exhibit "c" acknowledges that it has received the overall maintenance responsibility map. In the event of any conflict between the maintenance responsibHity map and the Community Declaration, the Community Declaration shall control over the overall Maintenance Responsibility Map. City Required Disclosure. The map must be initialed or executed by the buyers. 8 Cornerstone at the Woods Disclosure Statement Z0837.()()()Z31915710.Z 5128/04 40. NO REPRESENTATIONS. NO MERCHANT BUILDER, SAlESPERSON, EMPLOYEE OR AGENT OF ANY MERCHANT BUILDER OR THE DECLARANT HAS THE AUTHORITY TO MAKE ANY REPRESENTATIONS TO YOU WHICH CONTRADICT ANY OF THE FOREGOING MATTERS. 41. ~UGATION TO INVESTIGATE, NOTHING CONTAINED HEREIN IS lNTflI'IDED TO BEA COMI'I.tU OSUREOF AU.FAl;TSW!:lK<l:tB\lYI.YW_.t'O~.'l(t!l;N~A ~TWTHrEEASnAKE UlCOMMUIiII'tY. ~l!ffiiltP lIlM!W~~Il~)t_ SU8OMSION PUBLIC REPORT ISSUED BY THE 'FtllVIiA OEJ>ARTldENTOf' ~ mATE, lIiIa'lJU,; OIUGATEO TO CONDUCT HISlHER FUlL INVESTIGATION OF ALL FACTS REll!VANT lotfl!!!1HElllN OeClOliIG WHERE AND WHEN TO BUY, PLEASE ACKNOWLEDGE THAT YOU HAVE RECEIVED AND REVIEWED THIS STATEMENT BY SIGNING IN THE SPACE PROVIDED BELOW, fl (OlA,rJP/I. ~. HoJ6L L. /i,6f;S?I/J (I. J'1iJ{W' ~~~ ~,~~ ID/1!~Y j)a"~ #I. s: "'" ~ PrintNa Comerslone at the Woods DisclosureSlatcl"/)llnt 20837-000231915710.2 9 5/28/04 Department pI Real Estate . of the State of California /n the matter of the application of PLANNED DEVELOPMENT FINAL SUBDMSION PUBLIC. REpORT . I SAGEWOOD AT EASTLAKE LLC, A CALIFORNIA LIMITED L1AIBLlTY COMPANY FILE NO.: 101854LA-FOQ ISSUED: EXPIRES: JUNE 27, 2000 JUNE 26, 2005 for a Final Subdivision Public Report on CHULA VISTA TRACT NO. 99-03, MAP NO. 13812 EASTLAKE TRAILS SOUTH "SAGEWOOD AT EASTLAKE TRAILS" PHASE 3 PAULA REDDISH ZINNEMANN Real Estate Commissioner SAN DIEGO COUNTY, CALIFORNIA by du6~ /II. ~~ Depur{lCommissioner CONSUMER INFORMATION .:. This report is not a recommendation or endorsement of the subdivision; it is informative only. Buyer or lessee must sign tbat (s)he has received and read this report. A copy of this subdivision public report along with a statement advising that a copy of the public report may be obtained from the owner, subdivider, or agent at any time, upon oral or written request, must be posted in a conspicuous place at any office where sales or leases or offers to sell or lease interests in this subdivision are regularly made. [Reference Business and Professions (B&P) Code Section 11018.1(b)} This report expires on the date shown above. All material changes must be reported to the Department of Real Estate. (Refer to Section 11012 of the B&P Code; and Chapter 6, Title lOaf the California Administrative Code, Regulatioll 2800.) Some material changes may require amendment of the Public Report; which Amendment must be obtained and used in I ieu of th is report. Section 12920 of the California Government Code provides that the practice of discrimination in housing accommodations on the basis of race, color, religion, sex, marital status, national origin, physical handicap or ancestry, is against public policy. Under Section 125.6 of the B&P Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they discriminate or make any distinction or restriction in negotiating the sale or lease of real property because of the race, color, sex, religion, ancestry, national origin, or physical handicap of the client. If any prospective buyer or lessee believes that a licensee is guilty of such conduct, (s)he should contact the Department of Real Estate. Read tlte entire report on tlte following pages before contracting to buy or lease an interest in tltis subdivision. RE 618 (Rev. 12/99) 618012990002 MINERAL RIGHTS: You will not own the mineral, oil and gas rights under your land below a depth of 500 feet. These have been reserved. The right to surface entry has been waived. USES, ZONING AND HAZARDS: The following surrounding land uses and hazards exist within or near this development: State Route 125. State Route 125 ("SR 125") is planned to be constructed in the vicinity of the EastLake III Community. The EastLake III Community may be impacted by noise, pollutants, lights, traffic and other impacts from State Route 125. SR 125 may be a toll road for which there will be a charge for use. SR 125 is currently scheduled for construction (4 lanes) from the United States/Mexico border to SR 54 in the years 2000 or 2001, depending on approvals and financing. SR 125 may eventually be constructed to a width of ten lanes. There may also be freeway interchanges in the vicinity of the Project. For more information regarding SR 125, please contact the City of Chula Vista Planning Department. Chula Vista Transit. The City of Chula Vista may provide transit services to and through the EastLake III Community. Transit stops may be provided at several locations throughout the EastLake III Community. The Master Developer does not control the location or operation of Chula Vista Transit facilities within the EastLake III Community. For more information concerning these facilities, please contact Chula Vista Transit. Brown Field and San Diego Airsoace Center. The EastLake III Community is subject to the overt1ight, sight and sound of aircraft and helicopters operating from Brown Field which is located approximately 4-5 miles from portions of the EastLake III Community and recreational aircraft operating from the San Diego Airspace Center which is located approximately I mile Ii-om ponions of the EastLake III Community. Owners may frequently see, hear and have li-equent interference of certain activities by aircraft and/or helicopters operating to and/or from Brown Field and the San Diego Airspace Center. There have been some discussions regarding the upgrading of Brown Field to a regional or possibly international airport but no warranty is made as to whether this mayor will occur. For more information regarding activities please contact Brown Field or the San Diego Airspace Center. Lower and UDDer Otav Lake Reservoirs. The Upper and Lower Otay Lake reservoirs are located adjacent to portions of the EastLake III Community. The Upper and Lower Otay Lake reservoirs are owned and operated by the City of San Diego. For more information, please contact the City of San Diego Water Department. Page 120fl7 File No. 101854LA-FOO USES, ZONING AND HAZARDS - (Continued) Nelson Sloan Rock Ouarrv. There is a rock quarry located approximately 5 miles from portions of the EastLake III Community. There may be dirt, dust, noise and/or other impacts attributable to such rock quarry. Additionally, trucks may enter or exit from the rock quarry onto Telegraph Canyon Road and other roadways adjacent or near the EastLake III Community. For more information, please contact Nelson Sloan. Donovan Correctional Facilitv. The Richard J. Donovan Correctional Facility is located approximately 4 to 5 miles from portions of the EastLake III Community. This facility is operated by the California Department of Corrections. This state prison provides medium and maximum security for inmates serving sentences longer than one year. The prison may impact the EastLake III Community with lighting and other impacts associated with such a facility. For more information, please contact Donovan Correctional Facility. George F. Bailev Detention Facilitv. The George F. Bailey Detention Facility is a County of San Diego detention facility located approximately 4 to 5 miles from portions of the EastLake III Community. This facility accommodates inmates in medium and maximum security facilities and may impact the EastLake III Community with lighting and other impacts associated with such a facility. For more information, please contact the County of San Diego. United States Olvmpic Training Center. The United States Olympic Training Center ("OTC") is located approximately adjacent to portions of the EastLake III Community on approximately 154 acres. The OTC is owned and operated by the United States Olympic Committee. The OTC may draw an estimated 500,000 visitors each year. The impacts from the OTC may include traffic and other impacts associated with such a facility. For more information regarding activities at this facility, please contact the ARCO/United States Olympic Training Center Future Adiacent Land Uses. Subdivider makes no representations about future land uses on adjacent or nearby properties. Plans for redevelopment of any adjacent property could have an effect on the Project. Declarant does not control the land use or zoning of the adjacent properties. Because general plans and zoning are subject to change, we encourage you to check with the Planning Department or any other appropriate City Department regarding proposed land uses surrounding and in the vicinity of the EastLake III Community. The Merchant Builder also advises the following: Coors Amphitheater is located approximately 2 miles southwest of project; Whitewater Canyon Water Park is located approximately 3.5 miles southwest of project; EastLake Greens Golf Course is located immediately west of Hunte Parkway and portions of Community. Floor Area Ratios: This project is subject to requirements imposed by the City of Chula Vista which restrict the right of purchaser to modify by alterations or additions the floor area of the residence you are purchasing. For more information contact the City ofChula Vista. Page 13 of 17 File No. 101854LA-FOO .~--\I-i\ .Si=- \ Ie- -+:...-. ..,. I ! ,,\,.\-'-[ ,-< e '-~. '.' '::-1::_ Ic..v EXHIBIT "B" EASTLAKE GREENS AND THE CONTIGUOUS AREA THE FOLLOWING INFORMATION IS PROVIOED FOR YOUR INFORMATION. THIS LIST IS NOT INTENDED TO BE A COMPLETE LIST AND YOU SHOULD CAREFULLY REVIEW ALL ITEMS SET FORTH IN THE FINAL SUBDIVISION PUBLIC REPORT ISSUED BY THE CALIFORNIA DEPARTMENT OF REAL ESTATE FOR ADDITIONAL DISCLOSURES RELATING TO THE EASTLAKE GREENS NEIGHBORHOOD. 1. Land Use MaD end Future DeveloDment: For informational purposes only. a land use map is included in this Exhibit which depicts current and proposed land uses in the EastLake Community. The map should be reviewed to determine how your property might be affected by existing or proposed future development. No warranties or representations are made that such rand use plan is complete, will be carried out, or will not change In the future. Completion of private and public facilities and improvements, such as the completion of SR125. cannot be guaranteed and not all financing to ensure completion has been obtained or approved. 2. Continued Construction: Your lot/unit is in the early stages of a new and developing neighborhood. Please be aware that ongoing construction will continue throughout the overall projected development of EastLake Greens and future phases of the EastLake Community and you may be inconvenienced by road improvements, dust, noise, etc. 3. TrensDortation Svstems: The proposed regional transportation systems affecting EastLake Greens are shown on the land use map in this Exhibit. There are current plans for the development of a proposed major thoroughfare which will convert a limited access arterial roadway to a state freeway transportation facility commonly known as SR125. When developed, SR 125 will be a component of a state freeway system or may alternatively be operated as a private toll road under license by the State. EastLake Development Company makes no representetion that any such transportation systems will be completed. 4. MembershiD In Community Anocletion: When you purchase a lot/unit in EastLake Greens. you will automatically become a member of the EastLake II Community Association and you will be subject to assessments and restrictions. In addition, the lot/unit you are purchasing may be subject to the jurisdiction of a subassociation. You should review -carefully the r8$trictions set forth in the governing documents of the Community Association and any subassociation. In order to facilitate the Community Association's management of the Eastlake Greens neighborhood. Eastlake Greens has been divided into "Delegate Districts~. The project in which a residence is situated consists of onl delegate district. One delegate is elected or appointed in each delegate district to cast all votes and exercise .11 authority of the members within the delegate district at meetings of the Community Association. If an issue requiring a votl! relates to the election of directors of the Community Association, increases to assessments or amendments to the Community Oeclaration or Community Bylaws, the delegate will vote as you Instruct the delegate to vote, for so long as you cast a vote. On other issues. the delegates will be required to follow a procedure whereby the delegate has the right to vote for non-voting members. This procedure is set forth in the Community Bylaws. The Declaration of Covenants, Conditions and Restrictions of EastLake II Community Association provides for various classes for voting. You will be a member of Class A and will have one vote for each lot or unit that you own. There is also a Class B and Class C memberShip which gives the Declarant under the Declaration control over the Community Association for an extended period of time. Class B membership provides the Declarant with three votes for each lot owned either by Declarant or by any Merchant Builders. As the Class C member, Declarant is entitled to elect a majority of the members of the Board of Directors of the Community Association even If the Oeclarant does not have the majority of the voting power of the Community Association. Class C membership terminates on a certain date as set forth in the Community Declaration. 5. Golf Course Oisclosure~ The home you are purchasing in EastLake Greens is in a residential neighborhood integratod around a Golf Course. EastLake Development Company makes no representation that such Golf Course will continue to be operated and maintained as a Golf Course in the future and Buyer acknowledges that if the golf course land is converted to some other use. such chanoe of use may impact the value and marketability of the property R..i"dOo!I2ilSS <'..a"J....'..I.drll'lOt.l Exhibit ~B~ Page 2 you are purchasing. Buyer further ecknowledges thet membership In the hstLeke II Community Association does nQj give to Buyer any right to become e member of the Golf Cour... There may be a trail or trolls dedicated to the City of Chula Vista which I, situated on a portion of the Golf Couru. If luch a trail or trolls Is requlrad to be Installed by the City of Chula Vista and dedicated to the City, then the traflls) wRl be open to the members of the pubnc. Except for luch pubnc tren{s), Buyer and Buyer's guests will not have eny right to UII any of the trans or pathways situated within the Golf Course. EastLake Development Company further makes no representations or warranties as to whether the Golf Course will be a Public Golf Course operating on a pay for play basis or a private Golf Course. Owners and residents of homes within Eastlake Greens and their guests and pets may be at risk of noise, damage to structures, furniture, equipment, facilities (including broken glass, chipped stucco and damaged roof structures) 8S well as serious injury or death that could occur as the result of activities on, or In connection with, such Golf Course property. Neither EsstLake Development Company, EastLake II Community Association, nor the golf course owners or operators has any obligation to provide an insurance, indemnity or other protection to owners and residents or their guests and pets from any such noise, damage or injury. You should consult with your insurance agent with regard to obtaining insurance against such risks. Buyer is expressly assuming the risk of (i) the potential impact of golf balls and other Golf Course hazards and activities to be undertaken on the Golf Course property upon the use and enjoyment ot the property being purchased by Buyer, Iii) nuisances created by or arising from the golf Course, inClUding without limitation, the landscaping and maintenance of the GOlf Course and the use of reclaimed water, fertilizer and pesticides in connection therewith, noise generated as a reSult of the use or maintenance of the Golf Course and early morning and late night play and viSibility of lights used in connection with the driving range or club house, If any, installed within or in the vicinity of the golf Course. Oue to the proximity of the GOlf Course to the residences in EastLake Greens, each lot and unit within EastLake Greens will be subject to an errant golf bell euement which permits the passage of errant golf balls over and onto an Owner's property. 6. View Disclaimer: The sales price for each residence within the El$tLake Greens neighborhood is based upon numerous factors, one of which is the particular location of the resid.nce. Each residence, as a result of its location, enjoys a particular viewj however. that view is not guaranteed. Future development of other property, con$truction of public facilities, and lor growth of trees or other vegetation may change. obstruct, impair or otherwise affect the view from I residence at Iny time. The governing in$truments of Eastlake 11 Community Association do not contain any prOvisions intended to protect the current view from any resIdences or to guarantee that such views will not be impaired or obstructed in the future by changes to other property. 7. Floor Aree Ratios: Some projects within the EastLake Greens neighborhood are subject to requirements imposed by the City of Chula Vista which restrict the right of a purchaser to modify, by alterations or additions, the floor area of the residence you are purchasing. You should check with your Sales Representative u to whether the residence you are purchasing is subject to any such restrictions. 6. LllIblIrla: It.i' .nllcolpm...u~. .hI..1 ~trlIin IIC~" Wl1/lin tho E".ILak,. Gro.... ~hbot. hoQ d wlllho "'....,-" "j .;'.Ii'''.;' .....C.. , . "Ii' ~'.lli:l:" """JW' '.' "liE' '...,'. l.*. "IIIew.. ... ...-..... i14.11 wo.. ,.....,_... ....... .... ...."''"',oe. '..~ '..,lV.. "'", . .. .... . .. f._.. Allho PN',OIIl _. .JIIiiIi.. '. ";ii/nt.. -'.llIcluIIollln IaI .... iIlIiiliiiI" ..... tljIl~~..!wMIIIo...._'U!':,.'" ""'."""~..~~;~p~rk .f._.llll!......In~~....~tU.,I!U~....~~,~~~. nuIIo_ for OWlll.. purcha'lno . ,..111._ wIIhIn th. EUtI.akI Gru... ..Igh. . me .' 9. Reclaimed Water: The owners of certain areas within the Eastlake Greens neIghborhood, including the golf Course and portions of EastLake High School and EastLake Community Association property and other facilities may use reclaimed water in connection with irrigating the landscaping situated within these areas. If such reclaimed water is used on property adjacent to a residence you are purchasing, there may be some mig'ation of such reclaimed water onto the land in which your residence is situated. R'",.d~127195 Flt<1e,~,"\..I..\ErlDt' Exhibit -B" Page 3 1 O. Fire St8tion: A temporary fir8 station Is situated within the Eastlake Community in an area which Is presently 'Zoned for industrial/employment use, north of the EastLake Greens neighborhood. This temporary fjre station facility will be used until such time as the City of Chuta Vista locates and causes the construction of a permanent fire station at another location. The proposed site for the permanent fire station is In a project north of the Eastlake Business Center. However. no definitive decision has been made regarding this permanent fire station site or when and if such permanent fire station will be constructed. This temporary facility may be visible from certain residences within EastLake Greens. 11. ~: A medical center/hospital may be constructed in the EastLake Village Center by Kaiser Permanente. It is presently anticipated that the medical center will be constructed in phases. The first phase of development, will consist of an outpatient office building. The second phase of the development, will consist of a hospital with approximately 200 beds and an emergency dGpartment, Depending on various factors. the hospital facility may be expanded. Such expansion may increase the number of beds at the hospital by approximately 200 beds. There is no guarantee when and if these facilities will be constructed. However, if the facilities are constructed. the facilities may be visible from certain residences within Eastlake Greens, 12. Rock Quarrv: Buyer acknowledges that there Is a rock quarry in the vicinity of the Eastlake Greens project. There may be dirt. dust and/or noise attributed to such rock quarry, Additionally trucks may enter or exit from the rock quarry onto Telegraph Canyon Road and other roadways adjacent or near Eastlake Greens. 13. No Reoresentatlons: No Merchant Builder. salesperson. employee or agent has the authority to make any representations to you which contradict the foregoing matters. This Is not Intended to be a complete dIsclosure of ell Items relating to EestLaka Greens, For more details. please refer to the Public Report, the other disclosure materiels. the govemlng documents and sales documents provided to you end consult your seles representative. The undersigned hereby acknowledges receipt of a copy of this Exhibit -8,- Buyer's Signature Buyer's Signature Buyer's Signature Buyer's Signature Date Date R..iltdrl4!27ISS f,\ldeslla"lull.\hf.bitB " ,. EXHIBIT "B" ~ Community ltrnd Ute Plan S ResIdential E:3 Neighborhood. ~ FUtureResfdentlal ~ Neighborhood, Commerdo1lOl1la fr..m. ~ Eastl.ahe Village m Cel/fer/Mlxed lbe Ugh! /ndlM1ry VJ7JA EastL4ke Business rt/.I.l Center '. l4nd ...Ior Mure development both IDithtn ond ou~de ofktl..4M boundaries are bond upon the "'uta Hfta Cennvi Plan and ptOfXJ'<d ttm~dmtnlt. P/aru are tubJ<<t to d1ange wlrhout notice. T1tr; loeolJon of roads oull/de of/he txlst1na rufdtntlal ~as m~ dllfer when complettd or could ~de'eltd. . For InfonnaHon ngardlng lhr development 01 Qrtas lurroundtng Eiz3tlAkt, COnttJd: The C7lf ofOlula J1'sta, m FolJ1th Avenu~ 0,./. I1&to, Cl9/9/0 (6/9)G9/oS/0/. ><~ ,;8 '.N '0 ~Sit ],j '(@ ;~ )(I I , ;"'(~',-:::;<'.:c;<.~-"~;_}:'i~t'$~m~""';;~Wcj$:~~~$:~)t*~~'~~~~~:llE',E,~.. EAST LAKE eSI n . . 1=1 --- IS rlc SIGN PROGRAM CHULA VISTA, CA I I ;-~ 'ft .;;11 )~ ~l!~IED~~ SEP 2 8 Z005 S I G N SYST~MS PLANNING '~':-Si~~~~:t'ii~r .mr:~~""~~\~~*~\~~~t:ft>::':~S~~\~!;.",{,;,><::'},,;:>f-<,:>"<,\;-::'<:'i,;:8_--:--;~:_'-:~<; EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1ST, 2005 II <;,>'i->J+~{~t~::;)'~t>:~~~;;it~~~~~~~1~@<~~~~a~:~:.~ DEVELOPER / LANDLORD: TABLE OF CONTENTS INTERNATIONAL REAL ESTATE MIKE VOGT j'" INTRODUCTION 2297 NIELS BOHR COURT #210 i:i'.",. '. SAN DIEGO, CA 92154 CONFORMANCE PHONE: (619) 661-6681 SIGN ACCEPTABILITY - DEVELOPER/TENANT REQUIREMENTS FAX: (619) 661-6685 1.'" GENERAL CRITERIA ARCHITECT: :>i.,- I -~ TENANT SIGNAGE ",3 WARE MALCOMB TOWER TENANTS (BLDG. A,B & D) MICHAEL BENNETT PRIMARY TENANTS (BLDG. A,B,C & D) .~ %:{ 9605 SCRANTON ROAD #310 .~ ,~~ GENERAL TENANTS (BLDG. E) :~ SAN DIEGO, CA 92121 ,'* :~ PHONE: (858) 638-7277 4" TOWER TENANT SIGNAGE CONSTRUCTION DETAILS ( BLDG. B) f1 'Il ~-i, .~ SIGN CONSULTANTS: 5" TOWER TENANT SIGNAGE (BLDG. A,B & D) ~{ ~-. " 'm TOWER TENANT SIGNAGE (BLDG. D) WESTERN SIGN SYSTEMS ~Q- ,';if; ~ TOWER TENANT SIGNAGE CONSTRUCTION & ATTACHMENT DETAILS ~} .. INCHA LOCKHART ~l :~o 1020 LINDA VISTA DR. -~) a~ PRIMARY TENANT SIGNAGE CONSTRUCTION DETAILS q~ "'io' SAN MARCOS, CA 92078 "" ;,'i; ;-~ ""r PRIMARY TENANT SIGNAGE (BLDG. A,B,C & D) WEST ELEVATION .fffi PHONE: (760) 736-6070 .~ f~ ~ FAX: (760) 736-6073 ..tlf PROHIBITED SIGNAGE / SIGN AREA CALCULATION ~ CELL: (951 )907 -1700 " " Jfl GENERAL TENANT SIGNAGE CONSTRUCTION DETAILS " SIGN PROGRAM WRITTEN BY : PAULINE PFOHL J~ GENERAL TENANT SIGNAGE (BLDG. E) FRONT & BACK ELEVATIONS CENTER SIGNAGE DESIGNED BY: J~ DOOR VINYL SPECIFICATIONS DAVE KENESIE ",t;f TEMPORARY/SPECIAL SIGNAGE STANFORD SIGN & AWNING APPROVALS INCHA LOCKHART 2556 FAIVRE STREET ,15' PLOT PLAN CHULA VISTA, CA 91911 PHONE: (619) 423-6200 FAX: (619)423-8566 CELL: (951)907-1700 S 113 N SYSTEMS EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 I INTRODUCTION 1IIiRIW" "_"\.~ 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. No sign shall be installed withoutthe written Developer approval and required City of Chula Vista permits. CONFORMANCE ,~ i~g ~ ~ ~ rn {.~ ~ '" ~;.o, -;<~ At the 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 ~~-"" .,,:~ 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 ~'I,i""\.,,V.-.'" .",.,."",,\>'( 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. S I G N BYl!lTEMB _ ~"\.'4;'i{%~~~~~>~~c\-;~::~'~;;;;);\~Y&l~j;'J;Yj;>;;'0,,'t,"%*tf-,1l~'\%~~-..~~~/ ",-- " "':~\.1%'t~t1;tJ%~~:~::W~'(0'-f;;~",5x:*~'t,~~;g@*L-. , 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 submitto 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 ofthe 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. EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 1 I ~ ~ :~ & :~ '~ ~1; -::~ ,'~ II GENERAL CRITERIA ~\'" ',:-~~ 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. 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. 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. 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 bearthe 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. S I G N SYBTI;:MS 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 at Tenant'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 ofthe 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. EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1ST, 2005 2 I ~ ~ ~ '* -.is; ~ \% ,"',~ ~ "'; -~ I 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. 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. 29. The Developer specifically reserves the right to modify or amend any provision of this guideline for retail uses. matH SIGN~ 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 (BuildingA,B, & 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 tag lines and logos will be considered by developer. 6. Tower tenant on building D (Otay Lakes Rd.) is allowed 2 signs, 1 on the tower and 1 facing south Otay Lake Rd. Two logos will be permitted as follows, two logos on the west elevation on each side of the entrance identification. (SEE PAGES 6&8) 7. Both tower tenant signs on south elevation of building "D" (sign T-4-c) and west elevation building "A" (T- 1-a) shall follow the same criteria as that of primary tenant signage. 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. S 113 N SVSTEMi!!l '''t~'~',:'<r:~~i~11'\~'%i~~~~~~~~%~~~\,,',_ , 1 O. 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 ilthe designated main entrance is not under the 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. 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% of Tenant'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 part ofthe 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%"). 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 Landiord approval. 10. Tenants who occupy more than one lease space are still confined to one sign centered on combined leased space wall. 11. Tower 4 tenant are allowed secondary signage on the South tower elevation. 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. 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. EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 3 I ~ ilii ~ >'1f !I II ~',,---"'~";X'A~&\~j/5:;;:g(if;';~'t:~~'%~~ ~,", 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 ofthe 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 mostTenant 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 ~ 'tIj'nm THE AREA OF A SIGN WILL BE ACTUAL AREA OF THE SIGN COPY. IN COMPUTING COPY AREA, STRAIGHT LINES DRAWN CLOSEST TO THE COPY EXTREMITIES ENCOMPASSING INDIVIDUAL WORDS, SYMBOLS, AND LOGOS (INCLUDING BUT NOT LIMITED TO PICTORIAL SYMBOLS, SWASHES, ASCENDERS, AND/OR DESCENDERS SHALL BE USED, AS INDICATED BYTHE 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. ~"-"'- ''''~ ~,'i~ .\-' \" .~~ The following sign types and treatments are PROHIBITED within the Eastlake Design Center: :_-' 1. Signs constituting a traffic hazard. No persons shall install or maintain, or cause to be installed or maintained, any sign which simulates or initiates in size, color, lettering, or design any traffic sign or signal, which make use of the words "STOp," "LOOK," "DANGER," or any words, symbols, phrases, or characters in such a manner as to interfere with, mislead, or confuse traffic. ::~* ~ Jl~ I ~ 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 ofthe 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. 7. No sign shall project above or below the sign-able area. The sign-able area is defined in the attached WEST~~:<~.~ \. EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 - -'"' ~:_0i)U~':"~~~~W!f;;~f~1~;5-W4'{r~~~"\~,:(i'0;~b?)~ ~ __,' . TL ,J TI -~if-t~'*:{(;:;<~ /'}k!i:'k\':~;"j.<,-~!;:~-" ,. ~ 0~ ::0: ~ .~ .'l1 ~ '~; I 4 II ,i~~;<<-'~ -- ".. 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. Lightbulb 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 of the 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 oftemporary window sale signs per calendar year. ,'s' 12. No exposed tube neon will be permitted. 13. Sandblasted wood signs are not allowed. ,sH ~?i! 14. Pre-manufactured signs, such as franchise signs, that do not meetthese criteria. )~{ ;~. ,~ &~ % .-~ ~ ~ I -~ 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 ~'0,-----'- ---:-:--_%,"''%~ 1. Temporary signage painted on the window or constructed of paper, cloth, or similar expendable material, is not exempt from permitting, and all of the following conditions must be met: a. The total area of such signs shall not exceed twenty-five percent (25%) ofthe window area. b. Window signage must be affixed to the inside surface. c. Such signs shall be affixed tothe surface for no more than thirty (30) continuous calendar days but for 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. S I G N SYSTEMS '-':{"\'~~-S:~~0"\'f,;~.;,:S$'-fi\Wih':,{,,'%\W~te4n~~~\~R~~.' 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 under 20-feet in height are limited to 3D-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.) must be approved by Developer priorto installation. 9. Banners, pennants, and balloons used for advertising purposes (on a temporary basis) must be approved by Developer prior to 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 ~*,,-- 'A't<.~ 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 priorto 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: Developer: EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 5 . I ~~~ ~ :i -~ ~ -~ i"ij I M " II <'''t.:~;~:~~~1,t~\",};~@:~~1t~;~~~'~~~~r{f~HtJ~,~t DU:io". 66" BUILDING 0 - EAST, WEST & SOUTH ELEVATION 66" INTERNALLY ILLUMINATED SIGN CABINET (5" OR LESS IN OEPTH) 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 UNOER THE TENANT IOENTIFICATION SIGN, THE RACEWAY MUST BE PAINTED TO MATCH BUILDING COLOR. J ASHLEY TAGLlNE / LOGO SCALE: 3/8" = l' -0" I" 70% 0' le55 of le.5ed 5to.mont length I ~rPRIMARY ;:~ INTERNAllY IllUMINATED HALO-LIT CHANNEL lETTERS. ALUMINUM METAL CONSTRUCTION. NEON IllUMINATION ,~ .~i3 ,~ I ~ 150 SQUARE FEET MAXIMUM 33'-6" SCALE: 3/32"=1'-0" OIay Lakes Rd. - South Elevation S I G N SYSTEMS Corner Tower OIay Lakes Rd. . West Elevation "^'- '~~__;~g}H~J~;~,(~'%~~~~'%\%};~~1::i~:,:,,:~~\*~~~~:\%~*:~\~,~~~i::~:,':<'/t:::s,}' ,,;'.; EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 6 I I ~ \~ ~ 9 :i:!! ,:~ ;:ij -~ >,; ,'7; I '-"-""~s':"~~;~::-~i~:;;::t~,fV",:,\::;~;,('':J' ~:;;-:~;:;:,'~:"':.~:~<,~'~JJ~~~)'.:*i~: l: : ~lIL'~~ I Maximum 20'-0" length TOWER TENANT SIGNAGE SIGN DETAILS (BUILDING A,B,D) 1- '" '" ~ '" L '" a " b L a , x to '" <: , x - b , OJ "< FURNITURE DIRECT INTERNAllY IllUMINATED CHANNEL lETTERS OR lUMA-HAZE OF ALUMINUM METAL CONSTRUCTION. TRIM CAP & PAINTED RETURNS NEDN IllUMINATION ::4 $~ .\18 ,~~ ~:s' I INTERNAllY IllUMINATED SIGN CABINET (5" OR lESS IN DEPTH) ALUMINUM METAL CONSTRUCTION. ROUT-OUT FACES WITH PUSH THRU OR PlEX BACK-UP lETTERS ONLY METAL RETAINERS - PAINT RETAINERS AND CABINET H.O. FLUORESCENT IllUMINATION I ~t SCALE 1/16" = l' -0" Maximum 30'-0" length 1- TENANT TAG LINE: TOWER TENANT MAY USE A TAG LINE. lETTERS FOR TAG LINE CAN BE INTERNAllY IllUMINATED PAN CHANNEL lETTERS. lETTERS CAN BE PLACED EITHER ON THE STAINLESS STEEL FASCIA ADJACENT TO THE TOWER SIGN. PLACED ON THE STAINLESS STEEL BACKGROUND, A RACEWAY MUST BE USED AND FACED WITH BRUSHED ALUMINUM AND SIDES PAINTED METALLIC SilVER TO MATCH. TAG LINE TO BE INTERNAllY IllUMINATED CHANNEL lETTERS. ALUMINUM METAL CONSTRUCTION. PlEX FACE CHANNEL lETTERS: FACES ARE PLEXIGLAS WITH TRIM CAP AND PAINTED RETURNS. NEON TUBE IllUMINATION. IF A RACEWAY IS USED FOR A TAGLlNE ON THE TOWER WAll UNDER THE TENANT IDENTIFICATION SIGN, THE RACEWAY MUST BE PAINTED TO MATCH BUilDING COLOR. 215 SQUARE FEET MAXIMUM S I G N IIYSTEMS EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 7 _'ii:-~~,?1~1'~~..~'fu~t~Th.-~~t~\;\Z';:0Wi\~.~~~\%'~~~~~~~~li,~~~;>t-;~\;--:"<>,,\<~_;-;; .~ 'll ~ ~ ',,., i) ?>; ~ t~ I '}~\~~:~~;';;A~~*~~';":t':','~~~\~:~i~%iK~t~W~~;~~"f>'t'>*~~~~<%'<t~\~':. TOWER TENANT ELEVATION :"'-;""".-.,';,.'" 70'l'.orl~ofl.a5od5t<Jrefrotltl""!lth i i[PRIMARY INTERNALLV IlWMI~TED HALD-UT C~NEl LETTERS AlUMWUM METAl CDNSTRUCTlDN NEON IllUMINATION 150 SQUARE FEET MAXIMUM WEST ELEVATION TOWER 1 SOUTH ELEVATION ;~~ ~';';;: 'C-., TOWER 2 :'ill ,:"',-; ~~ ,~~, :~'{ '."" @ I ,~ 0 ,~ ~, '~ M! : 1/32"=1 '-0" I 8'-0" I ENTRANCE ENTRANCE IDENTIFICATION HALO-LIGHT INTERNAllY IllUMINATED CHANNEL lETTERS EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 Corner Tower OIay Lakes Rd. West Elevation 1~ S I G N SYSTEMS SCALE: 1j.,"=1 '-0" I ~ ~ ~ ~ ~ '\l ;~ ,~ ..~ :;"~. -,:~ :\'::; ,~ ;~ '-".~ "~ 8 II I ~."",,~;;.~~w~>>{J4'~fi*.Y$%~;0;:N,?::0?f/c;';:X '~,':Y/'" I ~ fftf; I ~ ?i"~ ~ I eI) ..... ~ W C I- :z w :::!E: ::z:: ~ ~ =: c :z < :z c i= ~ =>> a: I- eI) :z o ~ I- :z < :z w I- ..... ~ w :z w c:I >- a: < :::!E: a: D.. ~ w 3: o I- l- I (.!J ....J g <( I :5: o ....J ....J <( o I- ::::s:::: (.) <( CO c:c <( UJ ....J (.) .... cc 1.1.I .... ",,' /'p')?({, '<',"i~<f'P;'{?Y@??:1$%4'ft~~ - - en It> Cl Cl N ~ en .... l- I' en :::I ! ,! t:l , " :::I I ,! C ,! g~ en :::E a: ... ~ ~ t:l .... CI .... a: ... ll- :z :z :z C t:l ~ :c ;n - ... ... l- N (,) c iE :c I- , I, :E en ! ~ :::> i'5 , .... :z I > ! l t:l ! ;n , ... I CI w :.: c .... I- en C w i , ~ ~ ~ 8 , , ~ . > 0 I i . , > 0 < ! " 0 ! I z < ~ 0 z ;; , , " k . en a: ... .... .... ... .... .... ... :z UJ :z (.) C :c ~ ... 0 0 0 , :2: 0 ! < '!) > 0 , => >< , ~ UJ , . ~ z: ....J 0 0 :2: a... . => c:c ....J 0 <( , , " ~ :;. N , s ~g i~ i , ~ a: ... 1= ... .... .... ... :z :z C :c ... .... ::::; Cl .... C :c Z. , 19" " -. U1; ~J I- U! III ~ ;"j ;~ >- (L o U lL o <fl W z <fl--' oLO ~~ 1-, W --'I- , I \Q\Cj -UJ I :>L U ~ <fl ~ t() y/, ~ ,,;-; '~~, ll~ :%] I <fl oL w l= w --' 't N "'::;'~,~<:~:-~:':'{;::;:-:~\:;2 ('!~<'?j:'>lkt,,'0~\<~,~t':-+%'%:*'$-~"%~"''h'1~~'tt~~::~ ,.- 12" .j. . ~tt~ 12" I i I ~ j1i ,~'Ji< t~ ',q :~~{ PRIMARY TENANT SIGNAGE SIGN DETAILS (BUILDING A,B,C & D) 70% or less of leased storefront length I INTERNALLY ILLUMINATED HALO-LIT CHANNEL LETTERS. ALUMINUM METAL CONSTRUCTION. NEON ILLUMINATION 150 SQUARE FEET MAXIMUM I 70"/, or less of leased storefront length I SCALE 3/32"=1'-0" STACKED 16 INCH LmER DETAIL ""\ ""8'_ ",.""a.mu", ~ ~,;;;;;'". ""~,,,,,.<<,.,,,,,,,,, ".'.'C....",...",,"'. ;'ii,":,~"~~",,""'"' .... " S I G N Ul.~Pf'ROVED INSTALLATIONO[T~ll REVERSECHANNELLETTERWlTHREMOTETIWlSFORMER(NTSI SYSTEMS SCALE 3/32" = l' -0" EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1ST, 2005 10 a"'f:*'if;;,t,\~z~~~'J:\-z,%~:0~g-W8':::~~iZ,:i)~q~'<~:::iAg\i}~~~'\~~h'& :M~'w~~'t~m,t:::>,'-:"<"': ':,':' :'''-~ ~K 'of -" 6" 4"Of NEGATIVE SPACE BETWEEN STACK I ,," :'-,~~;,<' ;,;~-+;~,!;#,~<~'<':;~<<,~"J~:;',*-'ffiW~~~fk'@;';*~1\\:;~)>\~~\{';~t!o~W~;,~~ -', "j' III l""w",w",,", T,"^"', 'w"',"' T """"W"_,^"" PRIMARY TENANT SIGNAGE ELEVATIONS (BUILDING A) m m , , , : , , , _ __',om LEASED FRDNTAGE LEASED FRDNTAGE ,..------ ---- "-----------, r:::::_-_-:-:_-j 0;' PRIMARY TENANT SIGNAGE (BUILDING B AND C) PRIMARY TENANT SIGNAGE (BUILDING D) . I ~ t ~ ," ,f@ &"i ~~1( '.~ w, -:;,'~ " ",' \~ -y, I ~~ '!ii ~ ';$i ~ ~ {.; y: , , , , , PRIMARY TENANT SIGNAG~ (BUILDING D OTAY LAKES RD.) IB "-.",l....;,;;,,i.Ok,'X<', SCALE: 1/32" = l' -0" Tenants who occupy more than one lease space are still confined to one sign centered on combined leased wall space, or over main entrance doors. S I G N SYSTEMS EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 11 "~~\~~~;3;~f$K%~~~H-:::i"f:;,:',"",- '>r2-;:;~}__,>;.,-,,~ "" ""~'>>_:;,~),,,~J0::-~hi;%-~<:t}{t~~~~;;~\}:\:~,,:- ,; I .".,' .~{ -,~; A ',,: ,\;~ .~. ',-<: ~- ~ I I l- I .\Cj x _ <(W ::;:I , >L c{jlj -<C I-' tl) '" '" " '- a d:J I -I--- ':>~>{:}~;'';.'$\'t''i.'t~t*1{{{*"t-'f;t$/i'it..$ti!ii~~~',~;' :C',:' '~'i{;<:~;fi.;:~'{<<~~"(~3%o\%'fu:~- " GENERAL TENANT SIGNAGE SIGN DETAILS (BUILDING E) I 70% or less of leased storefront length I INTERNAllY IllUMINATED HALO-LIT CHANNEL lETTERS ALUMINUM METAL CONSTRUCTION. NEON IllUMINATION SOUTH ELEVATION BUILDING E 150 SQUARE FEET MAXIMUM (75 SQUARE FEET MAX. EACH SIGN) -- S' N SCALE: 3/32" = 1 '-0" 891 l 70"/0 or less of leased storefront length I TENANT SIGN , '11' ! I i: i i ! _ I I I ! ;!'; ~,---,~,..-......J 3 2 I 4" SCAlE:1/2" = 1 '-0" INTERNAllY IllUMINATED HALO-LIT CHANNEL lETTERS ALUMINUM METAL CONSTRUCTION, OR PUSH-THRU, NEON IllUMINATION 2%"\ '518 ''''OlE'' -""""',,., F"""RT""",,"M" .~ CLEM'''''''.,,,,,,, 150 SQUARE FEET MAXIMUM (75 SQUARE FEET MAX. EACH SIGN) ,Z;~ ~~':'~~~T;:,~ET'." -. ULAPPROVED INSTAllATION DETAIL REVERSE CHANNEl lETTER WITH REMOTE TRANSFORMER (NiS) S I G N SYSTEMS EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 12 ~,~~. : ~'r "im-lmr_~~~~~'\'\f1~~~~~:<<~~~,;.s;~%':;'-,0+~\~>i,~\~:\i~11:'C)-;\')'j,~\<-,,:- ~;i~;:::i,:;_-'-';'" I ~ .~ .~ _m j~ ~, :~~ '~-i II ,> '<'~,.:"';~,~:j;YA~J,,,~,:~'~<;~~~;;.;:;\'i#R~~;;;:~~&,~gi.~1'~~~S~%~~:[:r&1:r~ ":"'?j r L r T::~rf,', GENERAL TENANT SIGNAGE ELEVATIONS (BUILDING E) BUILDING FRONT _____________L~6Q~_~QlQ___________ LEASE HOLD , LEASE HOLD i LEASE HOLD ----------------------------------~---------------------------- , , , , , , , , , , , LEASE HOLD LEASE HOLD L__________ _____________________1 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 N "< ~ , _____________L~6Q~_~QLJ1_____~-------LEA~~-~9~9--------_ , ., , , , , . . . . , , LEASE HOLD i LEASE HOLD , LEASE HOLD , LEASE HOLD , ---------------------------~----------------------------------~-------------------------------------~----------------------------:--------- I , ' , I , ' , I I I , I I I I i i iii' I I I I I I I : , , ::'% ;;:i @; I , ,li' BACK ELEVATION . ~ 891 SCALE: 1/16" = l' -0" S I G N NORTH ELEVATION SOUTH ELEVATION 51YSTIO:MS , '" c,-:.~~~~~~~~:;;'t;:,;~l'3.W':;~;~it(g;,'i,;:i<;;,J;>i;: :/i'")}(:';S-,''<~;,'.,'>:,:''<c<. EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 13 I 1~ -~ ':~ ,<::,~ ~f; ,"' 0,i /f :~ ';"'; I . ~"',_c"i::-'~-_:"_'-"'-_-' -, -.>)/t':,iZ;r;_:~__::;J~;'::'.;~;-:':::h;:{:;:~n-jl:5~~~W~m~~ ~ , 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. :~ '\, -~ ,W ",-: -~ ~~ ~~ ~ ~ 3L ]1 ~j) J MAX. 24" 1 1- 1r (f,J ffi1 ~) I nJ ft [M c~m:Ci1(~6/[l(C) rm m; 10" 1--1 ,--------------------------..-.............-....-.-.-.--------------------------------------------------, . . [ED Iill~ n::m(E;~ ~ IHI COJ llLIr~ M" 1F SAT (SJUN cgJg(Q(Q " ~g(QQ li (Qg(Q(Q " ~g(QO li li g(Q(Q " !] g(QO 12" , SCALE: 3"=1'-0" S I G N SYSTEMS w - I ~. C '~j ':~'l{1t-~~~@:$~z~\.;'it~--;>><~:--:;,-':-',>;:';::"Z@;;;;--WS-::;:/M'*k'&&$l;~~~\~Wi~SS,\:-\w,,/:;:,{: <>:! , :~ "" , ~ EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 14 , '1iI -~* ~ ~ i :~ tit }i) ~ ~ -,",~ '" ,~ J~ I i :' II" I. I /1 '! /1 l i ,i,:)' // /Ii:,':/ 1> ; 'I,/i/! , - ''''f I I :::: II i / /' ',/,/' , 'I:Ii';/'; ~ ' '/ ."-- I , 1:'/'/,'/;' (','i',"; if'!:/ " ~ /i;i,. I;" /1 / $ ~ i : I' ' ,"/./.'I' , -,. .. I. Io...J -:..;, '/'i I :.. " '., ! '<::: ~ o ,",;,,;P"-' ;;,.:;~,~m~~"1.'i:;!A/!}Tj;\;~~~,i ;;*,1~i;.~~{S'~,"'~";Y"~?:'<-; :;i."1~;~;>~~~;~'{~'~~1!.~':'I Jr';~'<<~~:.:.:. Eastlake Design District Phase I 851-891 Showroom Place, Chula Vista, CA 91914 SITE PLAN uitel02 2,256 SF Suite 101 1,864 SF Suite 100 2,100 SF Suiiel03 3,997 SF ----TOWER TENANTS SIGNAGE -------- _ - ,- PRIMARY TENANTS SIGNAGE ->GENERAL TENANTS SIGNAGE /,..._. ..<' .' </, ',;.~' ',"; '~; ;\'; J:{ " ')' ~'" ;~ :~ ~ .~ " ....-.-.-, - Suitt 101 2,271 SF ::::::::.:--:::--., -------- . -~.~..... , 1 Suite 102 - 2.271 SF - Suite 104 3.177 SF I Suite 103 - 2.811 SF w E STT .,;:~,~"~ "n ! 1'" it JllilL ", '!,Lit i t T tll': if!.: ': : E ::iIi&'iifk,1.'\,,,,,.cc8i\(,i,i/,,,'C,,{';,i ~ NORTH lEASING SITE PLAN -', I. ! EASTLAKE DESIGN DISTRICT SIGN PROGRAM AUGUST 1 ST, 2005 ; ~ I ~ ~ .~ i~~ ,~ -% c:' 15 II +-' U -5.- +-' en (I) - z c::J - (I) we .... z ~O) w :E ::) ~en z 0 ~(J) :E fI', - ~ ~: I 1 I H II, . ,\ "I < 1'\ . j'i .' ' '.\ ,! ,t. I' ..Ill " ' ;"''''';^':'';~ji.Ait;f "....;.;/;,5,i!~~,;j?ki&;;.J;,Mn''".!'F'~. , ,'~..,':..,'.:.', /...:(...., zm ~ l!IW ~ -m Ul~ ~ - - It) = = N CoO ~ == ::liE ~ c:s c a:: ll.. z c:s ;;; t; a: I- eI) is z c:s ;;; w Cl W :.0: :5 I- eI) i:5 -.-J ~,.; 30'-4" ~'k t\: ~! ,,~;~ ~ s,,, ~ ~~ ~:,,: ~ I I , 2'-~1 2'~1 2'~I ~------- , '-"""-. I ~ '- 21-0" 01-611 TYP. 21_OU 71-2" 5'-0" S I G N SYSTEMS 141~2" ':?~~i~*$);@4~~"W;t.\~;\Si~;~tj~::::,i<,,':;~~~<~h~i,~{0i%!$~ii " ~',... 4'-2'1 I 2'-6" I I" ... 51~5" .. 'UUBassett uu.f.U.RNJTU.REDIRECT. --Lane __ HOME FURNISHINGS AFURNITU S"}. HotSpringo ~s PoftableSpiis ";.ii;'1... ...............~I.I.! --"'?:;!:OOIl..._ . .;"*3'II!.....IiiI,;." :. ~..HI........IiiIlio.__ - ---- -- - -------------...'1"l'!!'!!~!!lI!'.... ;:;:~;tii.... '~J~:~~Jl... \ii:'i:JlIll... 'D:J;t!!1!... -':jf!J':1l::S... 'CiK~:t~... . ;z~~ifi.:II.. ";';f.'Jk,N;,& j ~\ 1! '.~ 51-211 5'-211 .. 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 Vi' 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 MONTEl< FINISH PAINTED TO MATCH BUILDING COLOR 8523 AGED PARCHMENT 21-011 MAX. HEIGHT!2'-6" __L I 2'-8" I .. . D 23'-2" ROUTED BRIGHT BRUSHED ALUMINUM SKIN IGH OUTPUT FLUORESCENT L1GHTNG 0'-6" TYp. n .1.. .1.. 51-2" 1 3'-101/2" 1 . .. . 5'-211 301-0" .1 CABINET: 1 \I2"ANGLE IRON FRAME SLEEVE FIT RETAINER PUSH THRUACRYlIC DISCONNECT SWITCH H.O, FLUORESCENT ILLUMINATION ,032" PRE.PAINTEO WHITE ALUM. BACKING @ ALL COMPONENTS U.L. LISTED DOUBLE FACE CABINET (TYPICAL) STANDARD CONSTRUCTION .. ! 21-0" 'f ALL TILE 4X4 MANGANESE IRONSPOT TO MATCH EASTLAKE WALL SIGN ELEVATION SCALE 1/4"=1'-0. EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY 6, 2005 ~~~'-~*~~;i?~*~,~~\~~t,~~~,,~\'tF0,iW@;-::?~~~'&~'B1~;':";: . ~ I ~. W t~ ~ 0' ,;, >,,-" ."", ~\ li: ,."> 1 I 3'-0"-r1 2'-~ ~~ &' %\ ~,' ~ kt ~t;, ~ ~i ~ I m o =0'-6" HillSIDE VIEW SCALE: 1/8"-1'-0" S I G N SYSTEMS I. END VIEW STREET SIDE 30'-0" ~:-,,:~:~;~<;;,~&~;*j:j:~;~Z~ --<>g~""bs#M1j~m/;r~~t'&~t\~);:,:;,:,:-;;: ~,""-;{.;-i' ;;;,,_}\/:::;i.\~#{'?~ 1 ' i ' Ii ,J \ i: Ii, ~, ", ;.~ ,"- Ii :::::: jl .. . ~"iiI;~: 111'.'-...-..........: . ' _ JJ!!r..... ..~.._,.--_......._'~~' t ~~......~~ ".1, 1 __ilI........lilif,' ~.;..'.......J!lnVt:":r-:lr~- - - -" .........&~-~,; .......iii51M!;~~,.-- .........."'h: ......II:i:Iifi!';:f~, .......Bl~Il':" . ......IIJ!if$-;t:;..2.;;.;, ........s:~~e'" .!li1:1l/i=-~.>-;'-" SCALE: 1/4"= 1'-0" .1 PYlON FRONT VIEW EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY 6. 2005 2 ~ ~ ~~ , ~-~ II -~ ~' 2" s;, iW. ,;CS- '.)',' I EASTLAKE IDENTIFICATION SIGN SECTION OF WALL Ie 14'-7' .1 ,:,,:', ',"c-- \: 11". ...............1!!'e!!'?"!"-------- , t' 'i..~~jlll.~~I.'...-.....iJt";t':;' '~'f. .-'..~..I.IL::...l.Itrrr,;:~:I.. _ 'l' f' ~ ,~~.'~~~r~~--.~ i .,- J...:.... I' l.lll .. ..! j: j:, ",' 't:' 1~'..1 u. '.' 1- -- ...,~. ~ .:tii!lJl.....~.'J t.lI1tit:~.'" '''i1.~m....Il.t ..~&'-' ~~~........! I.~~~ ;: ~$";.......~ '.~.-?'; 'h.~BII......~ lail ttiJi-' -.)(11;'9nl :'hHi,~ ~~s.. I.M8~ :~~.. I.~P~ ,-",=~-._--- '..,""'"" ~;.<: ~ ~:: ;;;- &~: ~ \U ~: ~ ~. ~ ~ ~ i EASRAKE & CHIlLl VISTA LETTERS TO BE HALO LIGHT CHANNEL LETTERS SCALE' '/."=1'-0" BACKS: .177" CLEAR lEXAN RETURNS: 22 GA SHEET METAL FlCES: 22 GA SHEET METAL PAINT: PAINT EXTERIOR OF lETTERS BLACK ILWMINATION: USE 15MM 6500 WHITE NEON AND 30MA TRANSFORMERS AS REQUIRED FOR PROPER IllUMINATION WESTERN SIGN SYSTEMS REQUIREMENTS FOR ELECTRICAL ILLUMINATION' PRIMARY ELECTRICAL TO SIGN lOCATIONS IS TO BE PROVIDED BY OTHERS. A DEDICATED CIRCUIT wrTH NO SHARED NEUTRALS AND A GROUND RETURNING TO THE PANEL IS REQUIRED FOR ALL INSTAUATlONS Required By UL Standard #2161 And Western, All Transformers shall Be, (GAl 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 perNECarticle300. -GroundWirernustbecontinuosandgofromthesigntothepanelboard 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. 5 I G N SYSTEMS =1. ~ !;HEEl "'ETAl o;CR~W (>^ l V,) Po\INT lO.....TCH lll1lRs CIASSS"N" CU~""LocKN"l u]u INSUlATl1<<; SL[[~( 31,(;"UlAR LEWlBACK\ [l[ClRQ~THOUS'r.:;CAP NtONW"'N" (]C,- ALU"'NU'" LllH~~' Tl'~N WlLOlU.09:)-AL""'.fACf li,-WlEPHOL(S ~ .. .. r 5'.0' 3 .\ ----.. ~ \.~i{"" 1m:.u r :TJit:~~~~~~~~-g5>~~~;~'~,,;i~;Wf~ GRADE ~ Ie PYLON PLAN VIEW SCALE: 1 8"= 1'-0" 16~-6" 12'-11" 3D'-0" 32'-10" 301-0" L EASTlAKE DESIGN DISTRICT SIGN 15/8" rR'.....RY(l{C!RICALf((D (['L'''r.:;) [I.\llDulSWNM'Cl 'WHCH'Nf'Il\hI/lRI. 15" CHANNEL TO RUN lENGTH CO~[IUI1W'RE 5t<'ElDWlTHlfAOS GUINr, TO R~MOJ( TIlANSrOllM[~ 32J-8" GAtVA"/fO lRANSfORMERIl(fX '0"" NORIMl f'OW[R fACTORTRANSfuRMlo nw..NCLlARfROMBOTTU", GR(}[)ljDI'IIR[ WALl (I'E"'fll 5F1\C!RS #'USCREWWI..'OANCHOR 7"WNG UL APPROVED INSTALLATION DETAIL REVERSE CHANNEL LETTER WITH REMOTE TRANSFORMER l' = "-0" EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY 6, 2005 ~ ~: ~ I fu "-.,'~ ~,,;: ,,/ '.c; ~-' 3 II 4'-5" J ..,.... :; , ~\ ~;~ ,,~ ~.r' ~ 'i.~" ~" ~. ~~ I ~ I , I !.. t /:~\Si:~}{ii':'~*'f,-~'t{;I:';:t!f::,:t:~'~~ii;:j;t<\~<~-;.;,,;i;-'.';~5:;~~:~.~:;~~@~ 14'-11" 121-3" em OF CHUlA VISfA ~ FLAT CUT OUT LETTERS y,-PVC PAINTED BLACK EASTLAKE TO BE HALO LIGHT CHANNEL LmERS- CHULA VISTA LmERS TO BE FCO'S SCALE: "1"'=1'.0" BACKS: .177" CLEAR LOON RETURNS: 22 GA SHEET METAL FACES: 22 GA SHEET METAL PAINT: PAINT EXTERIOR OF LETTERS BLACK ILWMINATlON: USE 15MM 6500 WHITE NEON AND 30MA TRANSFORMERS AS REQUIRED FOR PROPER ILLUMINATION CHULA VISTA LOGO: Y2" PVC LETTERS & GRAPHIC PAINTED BLACK 21_411 ~--- - -- -- -- 4'-3"----1 I 0'-6" EASTLAKEl eSI n ~~~ :-~::.~ ~~~~ - - -- 1'-6" y, PVC ~ VHB & SILICONE MOUNT FLUSH AGAINST WAll "'- j APPROVED INSTALLATION DETAIL FLATCUTOLITLETTEAS l' == 1'-0" w! 5 I G N SYSTEMS WESTERN SIGN SYSTEMS REQUIREMENTS FQR ELECTRICAL IllUMiNATION" PRIMARY ElECTRICAL TO SIGN LOCATIONS IS TO BE PROVIDED BY OTHERS. A DEDICATED CIRCUIT wrTH NO SHARED NElfTRALS AND A GROUND RffiJRNING TO THE PANEL IS REQUIRED FOR AllINSTALLATlONS Required By Ul Standard #2161 And Western, All Transformers shall Be, (GFI) Ground Fautt- 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 de1ennined by the length of run & amperage as per NEe article 300. - Ground Wire must be continuos and go from the sign to the panelboard ground bus. - vonageshould read no nwre 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. . . IS rlC 3" 15/8" \ SHEET METAL SCREW {#B XY,") PAINT TO MATCH LETTERS ... GLASS STAND CONDUIT LOCKNUT GTo INSULATING SLEEVE J/16" CLEAR LEXANBACKS ELECTRO BIT HOUSING CAP NEON TUBING 063" ALUMINUM LETTER RETURN WELDTO.090"ALUM.FACE --.. uuJ 114-WEEPHOlES REVERSE-PAN CHANNEL LETTER FABRICATION/INSTALLATION DETAIL . ~,~~t~~:m;:\l~~; ::::;?:.~:,i>,.- .i"'::~<~~~'W)\'t?,;/:/i~~.;~~l'i:;'~~~Witi~~:'.;:::\," ",,1 11_511 PRIMARY ELECTRICAL FEED . /(EXISTINGj / /L1STEDDISCONNECT VSWITCH IN PRIMARY, I CONDUIT WIRE SHIELD WITH LEADS. GOING TO REMOTE TRANSFoRtR:R GTOWIRE GALVANIZED TAANSfORMERBOX 30 MA NORMAL POWER FACTORTAANSFORMER (1/4" MIN. CLEAR FROM BOTTOM GROUND WIRE -WALL(VERIFY) SPACERS #10 SCREW WI #10 ANCHOR 2"LQNG Ul APPROVED INSTALLATION DETAIL REVERSE CHANNEL LETTER WITH REMOTE TRANSFORMER " = "-0" EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY 6, 2005 4 I ~ ~. *' ~::; ~. ~. ".',(" ~;, .\' ,,,",' I ':k~'~,:';;&;~~~:ki't.?:@.i}ii:j,:S:\1i~~\;~.:~ii;;;~~(},::::,:,.,:>~i;:'\ "'-";"" ",';~,,~c;: - (:~0.X~~~,,^~*~'1,'ZSi,.'41JK~"i~' ~, TWO S/F MAIN ENTRANCE TENANT MONUMENTS - TYPE B 3" 151B \ ALUMINUM FABRICATION SHflTMEIAL"",... <"'~'~~~;O""TCH 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 14"BRUSHED ALUMINUM FLUSH MOUNTED WI VHB TAPE AND SILICONE NON ILLUMINATED. INTERNALLY ILLUMINATED MONUMENT WITH ILLUMINATED GLASS PANELS WI LED ILLUMINATION, EASTLAKE TEXT AND LOGO,TO 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. ,;,,,......,, '""","""'''.''' ,'".",,, Lf""",,"" "'...._L""". 1',,'''''''''''''''8011''' r---------, ::;~~l~1:~,~{]- -.. '.".,OBOlT&N,JT .,lJMlNlJMCMlNl,Sm UL APPROVED INSTALLATION DETAil REVERSE CHANNEL LETTER WITH REMOTE TRANSFORMER l' = ,'-0" "AllM.lJM~ L.E.O,"OUlmDro""~lJMP" wlt"_1m .. :.::; .,c" ,,:;; ~ PLAN VIEW , , , ,---------. m i it~: ~'" ~\ ~~ ~ ~,~ I om, or..."...,..".... .'",' ..."'AI'''' ...."'''._'',0. 40'.0" 14'-7" , . 261-3 11411 91-0" 11'-11 v." .j ! 01-7" Design DiStrict 1'.!r ~" 21a7" -'-'-, 4' -0" 6112" 1 21-2" SCALE 1/4" = l' - 0" lc 35" .1 MAX. LENGTH ---~------------------'~ -- : 0@l~~~frfr : 0'-7" 1'=1'.0" :___~I\JJ ~Im D'ITI\JJ ~ @i lID 0 ~[1j IS'ITJ__: MAX. HT. S I G N SYSTEMS FLAT CUT OUT TENANT LOGOS FOR MONUMENT B WALL. 1/4" BRUSHED ALUMINUM NAME & LOGOS MUST FIT WITHIN A 7~ X 35" AREA. WESTERN SIGN SYSTEMS REQUIREMENTS FOR ELECTRICAL ILLUMINATION' PRIMARY ElfC1RlCAL TO SIGN LOCATIONS IS TO BE PROVIDED BY OTHERS. A DEDICATED CIRCUIT WITH NO SHARED NEUTRAlS AND A GROUND RETURNING TO THE PANEl IS REQUIRED FOR All INSTAUAl10NS 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 perNEC article 300. - Ground Wire must be continuos and go from the sign to the panelboard ground bus. -vottageshould read no more than 3 votts between ground and neutral. -conduitcan not be used as ground path. - Power to sign must be done by a licensed electrician or electrical contractor. ~1rr /\1 1 v 3)'," <) COVE LIGHTING DETAIL ~tl!~l\l!l.__ _, ."~... COVE LIGHTING CHANNEL 'I,BRUSHED 5'.0" ALUMINUM ~ VHB & SILICONE MOUNT FLUSH AGAINST WALL APPROVED INSTALLATION DETAil FLATCLrTOUTLETTERS l' = 1'-0" EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY 6, 2005 5 ,. !t ~' ~" * ~. ~';j: ~.~~ I ~'-4" .. . . 0'-8" I ~ /'; :,,,,, ~k I, ~; ~S; {i,'i;' ~ "~'" ~ 1W I I" 12" .1 END VIEW S I G N SYSTEMS ~ 41-1011 .~ I 42" MAX. LENGTH 4' 0" .1 - TE NANT TENANT 81-9" 1'-0" TE NANT TE NANT '~"~o:~;,~'~~~'(,,*'i\i{~'1;~;0\;> }"UU;~;<~;G' '; 01-8" MAX. HEIGHT 11_211 ;>';'s';~?/N;':'~t~?~ ' SLEEVE FIT RETAINER 1 1/2" x 1 1/2" ANGLE IRON STRUCTURE ROUTED BRIGHT BRUSHED ALUMINUM FACES WI PUSH-THRU LETTERS 'h' ACRYLIC PUSH-THRU LETTERS CWHO LAMPS ROUTED BRIGHT BRUSHED ALUMINUM SKIN HIGH OUTPUT FLUORESCENT L1GHTNG SHHT METAl SCREW (#ax\\") PAlNT TO MATCH LETTERS GLASS STAND CONOUlTlOCKNUT GTOINSlJlATINGSLEEVE l/16" ClEAR LEXAHBACKS ELECTRO BIT HOOSING C4P NWNTUBING .06J" AlUMINUM lETTER RfTURN W[LOTO,D90"AWMFACE 114'WfEPtlOLES 15/8" '\ --.. 3- -. ~ PRIMARY EL[CTRICAL FEEO (EXISTING) LISTED DISCONNECT /SWrTCH IN PRIMARY, LISTED DISCONNECT SWITCH IN PRIMARY. BALLAST CONDUIT WiRE SHIELVWITH LEMlS GotNGTOREMOHTRANSfORMER JUNCTION BOX GTOWIRE GAlVl\NllED TRANSfORMER BOX PRIMARY ELECTRICAL FEED (EXISTING) 30MANORMI\lPOWER fACTORTRl\NSFORMER 1114" MIN. CLEAR FROM BOTTOM GROUNDWlRE WALL (VERIFY) SPACERS 3/8" LAG BOLT AND ANCHORS #10 SCREW WI #10 ANCHOR 2"LONG Ul APPROVED INSTAllATION DETAil REVERSE CHANNEL lETTER WITH REMOTE TRANSFORMER " ~ 1'-0" SIGN ELEVATION SCALE 3/4"= 1'-0" TENANT CABINET W/1 Y,"ANGLE IRON FRAME BRUSHED ALUMINUM SKIN AND SLEEVE FIT RETAINER SYSTEM TENANT PANELS BRUSHED ALUMINUM ROUTED FOR CLEAR Y," ACRYLIC PUSH-THRU GRAPHICS WI DUO-TONE VINYLAPPLlED FIRST SURFACE ILLUMINATED WI 800 MA HIO FLUORESCENT LAMPSAS REQUIRED ALL TILE 4X4 MANGANESE IRONSPOT TO MATCH EASTLAKE WALL LOGO ON TilE TO BE IllUMINATED HALO-LITE CHANNEL lETTERS "",; ~~f~:M~~-~f'~,*~',-" \~\'>:';>: <:0'0\k'&~~~ ";}.:~~:'~,;({i8'%~'"SX-!'fffA~,:?;~%~~t;,; UL APPROVED MONUMENT INSTALLATION DETAIL WITH PUSH-THRU LETIERS 3/4" = 1 '-0" Western Sian Reauirements For Electrical Illumination" Primary Electrical To Sign locations Is To Be Provided By Others. A Dedicated CircuitWrth No Shared Neutrals And A Ground Returning To The Panel Is Required For All Installations Required by UL Standard #2161 and Western Sign, all Transformers shall be, (gfi) Ground Fault- interrupted Transformers. All Signs Have -dedicated Branch Circu~ - 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 Electricai Contractor. DfF INTERNAllY IllUMINATED TENANT MONUMENT SIGNS - TYPE C QTY. 5 EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY 6, 2005 6 1m ~ ~ I 'i>i ~, ~j1:- ~.' ~~ ~ ~,,:- ii, ~~' ~:; c'.," ,<, "i II ':zt"~'%}?);~~R;>,fuji%~~*M~~:~~E;k;+::~;%;t~i,~~,,:'/>jt;::i;;~i:iK~%~):~~)'\~)~~:'i%'~~;"t'7~'~~ ' DfF NON-ILLUMINATED TENANT DIRECTIONAL SIGNS - TYPE D QTY.5 'h"RETAINERS REMOVABLE PANELS C I ALUMINUM CABINET l';'"ANGLE IRON FRAME 2'-6" ~ <" 4" STEEL POLE WELDED TO FRAME V,CONCRETE ANCHORS 6 ;,;, ~~: "", i::i "^'; '''* ~. gs; ~' ~ ~, lffi ~ o 0 6 o o 6 , , S I G N SYSTEMS \. 21-1 'I TENANT CABINET ... BASSETT ... LANE ASHLEY ~ TENANT ~ TENANT ~ 5" -'L _ I21/4" 5'-0" ! ~ I IJU .--- ~ 1'1 - 21-9" END VI~\IIL ---'I___ . SIGN ELEVATION SCALE 3/4" = l' - O' ALUMINUM CABINET & REMOVABLE TENANT PANELS ON '" ALUMINUM ANGLE RETURNS WITH MOUNTING BRACKETS GRAPHICS 3M VINYL OVERLAY NON-ILLUMINATED BRIGHT BRUSHED ALUMINUM SKIN LOGO: v." PVC PAINTED SHAPES APPLIED TO BASE EASTLAKE LOGO TO BE Y,"PVC CUT OUT MOUNTED WITH VHB AND SILICONE 10" I" 'I 8" i" 'I T U 2'-1" L ~, Ib END VIEW CURB SIDE EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY 6, 2005 I I ~ ~ ~~ @ 'ffi' ~ ~ R~ ~s ~ ',.", J' l~' 7 II ;ji"'\~~~~~'~*~\:;~C: ::"'>'t~~~~~~':ijt%j,,/~.%~:;~,~~.( " 1.256 SF - ).991 Sf .. TENANT .. TENANT TENANT l> TENANTl> TENANT l> TENANT TENANT TENANT \ TENANT 1t ~ / Sign D: Tenant Directional Parking Lot ..."/ S.'11r IDO ].86) Sf NOTE- 12' SET BACK S.Ut 101 2.271 ~F S.JJe I 2,149: SlIt't 10;- :"11f SF S~lttol J,l77sr I Nffi SuH~ IOJ -- l,ill ~F NOTE- 10' SET BACK ~ NDI1II LfASING SITE I'I.AN III Sign B: Project Identification at Fenton St (2 SIGNS). Sign A: Freestanding Monument Sign m S I G N SYSTEMS EASTLAKE DESIGN DISTRICT SIGN PROGRAM MAY 6, 2005 8 I . I %1 ~ ~ ~ ~. ~w 4t ~ I ~::; .,\" <" z\ '>'.." ;;, ;<" ~ II COMPANY October 4, 2005 City of Chula Vista Re: East Lake Design District Sign Program Proposed Signage- South Facing Sign (Ashley Furniture) 24" Channel Letters (Closed Front) Clear Lexan Backs ((Halo) Back Light 15 mm. Neon Tube 30 ma. Transformer 6500 Snow White Color 150 Lumans per foot Approx. 29 ft. of Neon 4350 total Lumans Existing Parking (Security) Lighting 400 wt HPS on 16 ft. Pole. 50000 Lumans. Average 2 foot candle at parking surface (16-25 Down) Lumans= Amount oflight output from the source. Foot Candle= Measurement oflight (meter) based on 1 Candle of Light. Neon= Light you see NOT Light you see by. Thank you for your time. Greg Abell President 9834 River Street. Lakeside, California 92040-3114. (619) 390-2991. FAX (619) 390-0623 CA License B-C.l 0# 534116 I W1.orJeeeof"'aeode"""'frontlongth I rlPRIMARY lm-ERNALLY ILLUMINATE[! HAW.lIT CHANNEllmrnS ALUMINUM METAL CONSTRUCTIOH. NEOHIl.1.lIIr.RTION 150 SQUARE FEET MAXIMUM Ti SCALE' ?i1?i2~,=1'-O" Olay Lakes Rdo - South Elevation ,.) Li ,< 'J ') c; j 'I 11 'I '"1 :;- il:"" 1" ~,. , ii' f: f, IIIJ;JMmlOCP\fW """'lf7ltlTIUWlTC" - 3" 15/8" \ "I ---. -. ~~ WEITFRNIIGNlIlEBtllRFMFNlIFDIIFIUTlllCllIIUMINlT1Iltl_ PRlMARYEltcrRICAL TOSk;N lOCATDN5IST08EPIlO\llO(DBYOTl-IUS_ADfDICAUDCllI~UTMTHOO ~NElJTRAlSAN)AliROlHl~TOlHEI'ANElISREQUlIlfDfORAllNSTAUAIDNS A.....,bYUl.Sl8rldlnl#2161111dW.stem.db1ns1oJmorJlhilb.[GfIIGID"""fluII-lnIo"'~ledlr1nllh"...rs. All..., 11M. llMkalfd blart:hci1:1ot -TIno....'...IIIIIIlIl&(IIGlIld -W\q.Ile'rnrifnumalIZIII_TltWCappetwilt NSIlIfIIIl;GlUllfal_llI~by"lInglhall>m&"""",,"perllEt:"lclo300 -IJIlU"''IliI!"""'HcDIGIulUIn_hnllhlllDn....,anlbollllloroundbull. .VD~m*l_"mcnt..3fO"lII_lIIIUllIlnd___ . CDIlIUcaollDllllntdl1IIflIIIlIlpalll. -l'vb-lIIllsnmllllM_byllclnlldelecMclanllltlllclrblcanbaclllr. ~,- -- Gl~""""lllIll8lm't IIlloelfM ~I.\C.. RIt""'IIfIfJUSlll<N' ...-- ""'l\IfITMHSRM.... III<"....CUAA....."""'" -- -- _M~ -. ~" WESTERN/51. C .,n'MO ",-...stUTlltW...lf1l~1IEMII ...UIlIIlII........m:E --.. ~.._.... .--J /J1G9CIIEWWI/J12PlA$ncANCHO~ 11lCREw&-2'EMllI:D"~ Ul APPROVED INSTAllATION DETAil REVERSE CH^NNEllETTER WITH REMOTE TRANSFORMER l' '" 1'.0" EASTLAKE DESIGN DISTRICT SIGN PROGRAM OCTOBER 3, 2005 1 Light Ou1jlut http://www.egl-neon.comllight_output.htm _ Your Neon Source. Home Sea.rch Glo ssary N, '." fJ,.}dcl'h I 't\.h..lt'S Nc.<\: i [I~~ I:':;]~l [l;::::'I~~n i Cont.lcl U5 I ''\boul EGL LIGHT OUTPUT OF EGL SIGN TUBING CJ.E. Color 12 mm Lumens per foot 15 mm 20mm 25mm Color .OK- X Y 30 ma 30 ma60 ma 60 ma 120 ma: 60 ma120 ma 200 ma L=~.~igner@-, 2400. 490 430 235 200 375 300 520 235 450 700 j C.L. D~igneJ$ 2800. 448 415 250 210 400 320 550 250 480 750 i C.L. Oesigner@ i 3~OO. i 438 413 260. 220 410 --;~'- 700 2~0--~6~' 720 130. . , C.L. DeslQner$ 3500. 395 416 250 210 400 280 560 200 410 640 35 C.L. ~igner@ ! 4100. 376 366. 240 200 380 295 540 200 400 630 C.L. Designer@ 65000 319 353 240 200 390 340 640 250 470 740 65 rC.L. Designel@' 7100. 306 321 245 20ei 395 345 650 255 48~'- 740 ~ 1,_m,Jl C.L. Designer$ 8300. 295 312 245 20fi 395 345 650 255 480 740 83 L~()() B~,ghtwf1ite i 8300. 264 325160-1401 250 . i EGL 4500 White 7500. 292 340 160 160 290 . -L~500,S,~iie ...tlsooo-:'307 346-170.11591260 --'220 420 160'-300 375-= i EGL 3500 White 5100. 346 383 170 150 280 . 1\1-4500 -- 14500..370. 392' 210 180 '-320 . c-"Y-3500 3500. 401 418 190 160 300 . ;3000 Warm Whitei 3000. ~. 415 . 407 'C' 210180 340' 340 680' -220 430--~'- f- EGLH~37Pink NA 487 367 120 110 210 . I-- -----.-____ _,.___. __ ___ __..n I Coral Pink NA' 526 '287 170 130 270 . . ,Flamingo NA 359 164 125 100 200 . . r'-PUrpleNA- 235. 102"'10090 160" . Violet II NA 216 90 65 50 100 . . i T!Opic Yellow' NA --. 511"466-275- 220 376- '. . . E-40 Blue NA 183 213 110 110 190 120 250 110 200 rE~!lluEl (Neerl) , Nj\-- 623"-305-70-- 50 'gO . . 1 Horizon Blue NA 146 94 100 80 170 150 300 130 210 !~=!2_Turq,u~!se~A-207-427 -180' 170 310.-."----.--- .~. E-~O Turquois!...-NA 198 323 140 130. 240 . . i E-21 Aqua' NA --201 '377 '240"160 - 290 - '-;f30 '~390 . . E-10'Green' NA 233 631 240 210 380 330 650 r]:~pic~reen "','NA 162 598 270'240 420 . . 5eacrest NA 162 348 190 150 290 . . . . . . . . . . . . . . . . . . . . -.----.- . . . . ~~--- . . . . . -----., . . . . . ----- 230 330 280 510 . . . . . -~-- . . . . . . . . . . . . . . . . . . . . This color is not available in 20 and 25 mm. I of I .. OK (Kelvin degrees) indicates correlated color temperature. 101312005 9:47 AM I p.1~ ~ q~~ --j & 0' TO ~ SXS-N~IS-N1I3LS3N, CL09+9CL+09L XVII LT: OT SOOi:lCO/OT < ----'''\ ~--~--~-~;--~ 1 I ~ ~ - ---- ,,\ : : s~\ \ ~ \ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ .,,; \ ~ ~ ~ ~ ~ ~ \ ~ . ~ ~{} .> ~ ~ ~ ., ~ ~ ~ ~ ~ [t ~ ~ ~., ~ ~ ~ . ~ ., . ~ ~ ~ ~ . . ., ~ ~ ~ J B~ ~ ~ ~~ ~ ~ ~ .~ . ~ ~ .~~~~. \... ~ ~ ~ /..../.!f/;\S 1. ~ ~ ~.. ~ ~ \\ ~ ~ . ~ ~ ~ ~ ~ ~ ~~~ ~ .:l .:I .:I ~ ~~ .:I :\\.."1. ~ ~ .~ ~ ~ ~ ~ ~ ;~ ~ . ~ ~:P'" ~ " ./.r\ ~ Jl-- \ ., v~/. \ ~ .;; ~ \.:1.:1 ", \ :I .:l _I"" ..:1 Ji ., ~'~' ";'~,,"'" > . ~ ~~ ... \ :Ie{ .:i ,./ \ ~ .:I .:l ~ - , " .. . ~~ ~ ~ ~ ~ . .' ~ ;i ...~ .> ~ ~ ~ ~ ~ \ " 1..~ ~~"~~._..~ ~ '~ . , . ~ ~ a :> d ~~~ 0"" ~~~ , acc :p~~ LIf)Lf} U .~~ .~~ ~~~ c c ~"" ",moo -1cici . 'cc .oc <00 '00 "''''' ~ , . < . ,WW d"'''' ,~~ ,ZZ <tv.iv.i .. ~ d "'~~ . ~ . ~ ~O~~I' . ' ~~ u_ ~;;' . - ,~ ] ~ ~ < a < , , "'~~ ~ ~ ~ '" '" ~ :> .!'liD a- ~'b ~f ". .' ~< . , . "' 6~ ", a ,< ." ~~ 5 " c, .0 .- a. -. " ., . . ~ ~ . a .. - " <iN ~~ ~~ ~~ ~~ ~~ rx , " '0 Xc "~ ~" , " 'g >ci ~ru ,- Xci . X ~"- ~:E Il'i o , , 1~ E = > CC! ~<C[<c[N u~ - " , .- . . ~ E 0 Jl W ~ L. d ~ za.....I<C[ - - I to II ~ ., ~ ~ wi! ~ ~ ~ -1---' " ~rl:; ~ ~ , co,, ~ D ::> I 0 a ~. '" c . z . c~ ~I w_ ~- ~> I " < "" ! -~ <r w . J . .. "' ,0 .- " ~ " a" . . - . .0 >" . -~ .< 'g~ "- " " ~~ 00 ~" ~ .. . . < " " -. " ... ~ , , " < ~ . , ~ x C c " ~ " " < > . . ~ 0\ ~~! :;:~s B~-.. n~ ~~" ~"~ -p 1!~: "0" ~E~ '"il ,< r"'" -'0 ~j~ 1:] ~ . ." > - ~i! ~h f~~ 0" '.qs .n8: H" d.l; < lli~ ':it ... .;1 . &" .a~l;.. pH dp ~r~] ~h~ , "~.Ii Hi~ ~d~ HHt 'liB ~-"1..f !~~'~ .id. .,.;. ~55 p ~~,!j !..~a-' 10/03/2005 11: 34 5195795734 WILKEY DREW PAGE 01 I Q ~ V ~ ((] ) ~ I IlI2B,ET2U me am T c....) TIMag bae) E2G LUMALUX HIGH PRESSURE SODIUM .1 , LUM~UX STANDARD & LUMALUX ECO Oporalii1a Fix A"Il.... Appro. Lumens L.. CCT sYri.bcls & ANSI .P1tO.lJmp ~ated BaDastNo FInish PosiIIon. R' iJIo hl'S In mean ORI. K 1'0_ 1mB E39MQ9\l1 67518 L!It5IIIilll 555 10 Clear Ul.:.ni 0 2401ilk. 15700 14100 22' 21oo38$1,3!i Ell8 E39 Mcqul 67578 LU2lIl!Ia:D.:..,. se6 20 Clear lJnlverslll' 0 24!lX1+ 22000 19800 22 2100 "7,11$1 1mB E39MQ9\l1 67521 .W25lW .... '.' SSO 10 Coaled UIMrsaI '0 24lJOIl<. 2eOOO 23400 22 21 00 7$1,36 ET1S E391/1oilU1 67578 W25lI(B:O SSO 20 COaT Univel1lill 0 24OO1l. 29000 26100 22 2100 "7,11,37 EllS E39 MogUl 67580 Ul31l\ml . 557 20 Clear UnIversIlI 0 24000+ 37000 33800 22 21110 &7,11$1 EllS E39 Mcqul 67S33 UlIOIl'SCll'" 551 20 C1eer Unlverslll .0 24COOt 5OOJO 45000 22 2100 &1,11$1 8TS7 E39 Mogul 67524 l.U4IQD. . 551ZC 10 Coaled Unlwlsal 0 moo. 47500 40000 21 2100 7$1,38 T7 RX75 RRSC 67527 W4OOT7,!\llC, . 551 10 Clear HOR E 24000 46000 41400 21 2100 2,7 T16 Ell! Mogoi 675100 .LUSlIO SUPm SlOG 12 Clear UnIversIlI 0 24000 90000 81000 .22 2200 4D 8TS7 E39MoguI 67547 I.U75Cl . 3111 6 Cleer Universal D 24000 105000 94500 22 210040 Note: LGt~6'!.1n;MOL=I.7 '"In E2, E39Mogul 67307 Ulllll! S52 6 COaT UnNersal 0 2400Dt 120000 124000 22 2100 37,40 LUMALUX STANDBY Dual Art; Tube. Long Ufe ANSI PIcg l.amp OpeWlng Fix Approx Lumens CCT Symbols & BalI,stNo Anlsll POsition R CR! 'K RJolnotes 70 ET23.5 .E39MQ9\l1 S754IJ Lll7Dill8Y. S62 20 COaT UnIversal 0 40000 6050 4950 22 1!101J 7,41 100 ET23.5 E39MoguI 67042 WlIJll/S8l' S54 20 CIw LIlMlrsal 0 40000 9>00 7600 22 21007,41 150 ET23.5 E39MOIlul 67544 Wl5ll5li'3JlY S55 20 CI,,, Universalp 40000 16700 12100 22 2100 7,3S,3S; ry: ",.~;,.. 41 ' . ,. 200 EllS E39 Mogtj 675S6 lIJ20IlIllllWSY S66 20 CIeor IlnIWrsa/ 0 40000 21500 18000 22 2100 7,41 250 m8 E39 Megul 67562 '1JJ25IW8Y S50 20 C1eer UnIversIlI 0 40000 27500 23200 22 2100 7,.11 400 ET1S E39MQ9\l1 67584 W4OIlSII\< . 551 20 C1eer Universal 0 40000 47500 40000 22 2100 7,.11 1000 E25 E39 Mogul 67543 W1DOO,IS8Y 852 S COaT Universal 0 2400Dt mOOO 115000 22 2100 7,40 UNALUX High Pressure Sodium Retrofit for Mercury AbbTaviltlo~ ANSI PI<g Lamp Opelllting Rl< Ballast No I1nlsll PosItIOl1 Re 1:;1) 8T2ll E39 Mogul 67528 Ul.X15lJ" 863 10 C... UnivelSll 0 24000 . 11800 10500 20 1800 '42 216 BT2B E39 MoIIUi 67530 WC21!: . .. .. 555 10 Oear Universal 0 .'6000 20000 17000 20 2000 42.' 200 B1J7 E39 Mogul 67531 .UlJllllld S64 10 . Clear UnIversIlI 0 18000 365l1O 32800 20 2060 42 B8Il E25 E39 Mogul 67318 ~." ..... . 6 Clear Universal 0 12000 101000 91000 20 2100 42,43 IIoIs: LCl."9 'j,lt;MOi...15'''''b. . HIGH PRESSURE SODIUM LAMP & BALLAST KITS Product . , ,.. . .::.':' ""c.;,::"." Lamp ,Ax Symbols & Number :d!oerklAbbdn::":." sase "nlsh R' Foolnotes '00 67621 0 Wl_Dl.JIMP,MlJ\J1~m .854 1 47316 1~4ot1:77 WA 57614 ':ET23.5 'M~ICleer 0 A Ii 00.8,11,26, . 29,31$1,44.45 Hill 67Jl29O ,LII1~LAMPiMULlI~KITS55 47335 1201l0JIIZ4ot1:77 WA f)lS1S ma.5 Mcq~ CleerO' 8,11,2829,31,35,$, " 37,44.45 250 676220 lU2I!QrS:O i:AMp,foluOHlALLAST lOT S50 .1 47343 120l.!0S124ot1:77 WA 67578: Ella Mogul CI,,, 0 "0'1118,11,28, ".,Ln 29,31,37,44.45 Far ma~ eompllltt pmduct inform:rtlon.vlslt www.gytvaniil.com 80 SymDolsIFootnole, on P8QIlI 87088 . I I 1... .':.,..:.......::d....<:.:::..F...., Get your FREE compa~t fIuore~~f!9ht and bulb exchange vouchers from SDG&E. 2. Sign up for as many as five FREE TREES! 3 Learn how you con make your home more energy efficient and "waterwise,# 4~rn about, ride, or test drive alternative vehicles. · Compressed natural gas (CNG) bus · Honda FCX car . Gem electric cart .~woy scooter SAnd out how recycling can make a big difference I b Discover ways that the . Chula Vista Nature Center protects our environment- things you can do, too! · Natural air conditioning · Composting · Recycled deck material ~ CHULA VISTA NATURE CENTER For more information, call (619) 397-6062. ....= = - . I 'PoLLut~o~ , 'PyeVe~t(..o~ AWlAyel/lveSS 6vel/lvts _ Tuesday, Sept. 13 · 6 pm , , , Gl..ttj GOUV'vcI..L P....ocL"'m"'hoV'v Presented to Dan Beinterll(J ~~atufe Center Director for his dedication to !'lP H1Vliunmenl. . Cc)uncil Chambers, hJbI"c Services Building 27c) Fourth Avem1f:;, C~LJ (] \,.Iisia - Sept. 19 - 25 , , ALte....V'v"'hVe T....'" V'vs-port"'hoV'v D~SCOVel"'tj wee~ ResirlPI,ts ere er1CourogeJ to use olternative IranspcrlcJ'I:'li biking.. walking and taking the bus or trolley':: !-:")I:T 1(,c1)8ne day to reduce troffic congestion. - Monday, Sept. 19 · 10 am - 2 pm "Best SV'vv~""oV'vmeV'vt'" L P...."'ct~ces SVlOwc",se (See other side fe,\1 ddcJli::,:1 Chula Vis~o Nature erTlc'l 1000 Gunpowder Pu"" )"11' CI"lo Vista - Saturday, Sept. 24 . 9 am - 1 pm TOX~C F....ee !-tomes IS vvui\'Crl for disposal 01 h(~l)sf'l-dd taxies lur c:1: 1C',dents. r-kili::,chCild HCFClldc)l,'s Waste Facility 1800 Mcxwel Chula Vista - Saturday, Oct. 8 · lOam - 3pm SDCi8S LL.g\1tt "BuLb/L~m-p sxc\1t"'V'v0e Bring up to five 75-walt lor higher) incandescent energy-hogging light bulbs and up to two of your halogen tarchiere lamps and receive energy-efficient replacements for FREEl Otay Recreation Center 3554 Main Street. Chula Vista - Saturday, Oct. 8 , 11'ee PLl'I V'vhV'v0 SVtV\,t Everyone knows the imflortance of shade trees! Volunteers are needed to plant trees around Chula Vista Call Mavin at People For Trees at (619)222-8733 for more information.. ~I~ -1- ~.~ . - - CITYOF (HULA VISTA General Services Department 1 800 Maxwell Road Chula Vista, CA 91911 1619) 397-6062