HomeMy WebLinkAboutAgenda Packet 1999/02/16
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Tuesday, February 16, 1999
6:00 p.m.
"I declare under penalty of perjury that I em
employed by the ri.' cf Ghula Vista in the
Office of the . c.ni that I posted
this A?en'_~an ~'Jj:'J ;-,','l '~:H~ Bulletin Board at
the Fu:':d;c {"Erv.ces 8ul.:.'in?, <::lnd at City Hall on
DATED, -' /1 7' SIG,~ED
R ular Meetin of the Cit of Chula Ista
Council Chambers
Public Services Building
.n
CALL TO ORDER
1. ROLL CALL: Councilmembers Davis_, Moot_, Padilla_, Salas_, and Mayor Horton_.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3.
APPROVAL OF MINUTES:
January 5, 1999, January 12, 1999 and January 19, 1999.
4. SPECIAL ORDERS OF THE DA Y:
A. Proclaiming Tuesday. February 23. 1999 as Spay Day USA and February 1999 as Prevent a Litter
Month. The proclamation will be presented by Mayor Horton to Teresa Williams, Manager of tbe
Chula Vista Animal Shelter.
B. Michael Bigelow Dixon and Valerie Smith will perform a scene from" Apres Opera" to thank tbe
City for its support oflive theater in Chula Vista. Mr. Dixon and Ms. Smith will be introduced by
David Kelso from the Star-News and On-Stage Productions.
CONSENT CALENDAR
(Items 5 through 19)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacte(l by the
Council by one motion without discussion unless a Councilmember, a member of the public, or City staff requests
that the item be pulled 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 Board and Commission Recommendations and A ction Items. Items pulled
by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
A. Letter from the Seoior City Attoroey stating that to the best of her knowledge from observance
of actions taken in Closed Session on February 9, 1999, that there were no actions taken which
are required under the Brown Act to be reported. It is recommended that the letter be received
and filed.
6. ORDINANCE 2773 AMENDING SECTION 19.60.480 OF THE MUNICIPAL CODE RELATING
TO ALLOW ABLE OFF-SITE DIRECTIONAL SUBDIVISION SIGNAGE (second readiD1! and
adoDtion) - The proposed ordinance is to allow for the establishment of a Kiosk Sign Program whose
purpose is to: (1) Eliminate the proliferation of numerous large illegal signs along major thoroughfares of
the City; (2) Allow for the construction of off-site directional signage to various residential conununities;
(3) Provide for a uniform design for off-premise directional signs which will be more aesthetically pleasing
to the community; and (4) Control th~ location of off-premise signage. Staff recommends Council place the
ordinance on second reading and adoption. (Director of Planning and Building)
Agenda
-2-
February 16, 1999
7. RESOLUTION 19361 ESTABLISHING A CAPITAL IMPROVEMENT PROJECT (GGI67) FOR
REFURBISHING AREAS THROUGHOUT THE CIVIC CENTER COMPLEX IN THE AMOUNT
OF $455,000 AND APPROVING THE FUND REALLOCATIONS AND APPROPRIATIONS
DETAILED HEREIN - In response to budgetary constraints over the past several years, the City deferred
maintenance in City Hall and other Civic Center buildings. This policy enabled the City to survive the
economic downturn and the State take-aways without undergoing the painful layoffs experienced by other
jurisdictions. Staff recommends approval of the resolutions. (City Manager) 4/5th's vote required.
8. RESOLUTION 19362 AMENDING THE FISCAL YEAR 1998-99 BUDGET TO ADD 1.0 FULL-
TIME EQUIVALENT POLICE AGENT POSITION AND APPROPRIATE $94,051 FOR SALARIES,
BENEFITS AND EQUIPMENT ASSOCIATED WITH THE POSITION FROM UNANTICIPATED
mGH INTENSITY DRUG TRAFFICKING AREA GRANT REVENUES - On June 23, 1998, Council
approved the addition of a 1.0 full-time equivalent Police Agent position assigned to the High Intensity Drug
Trafficking Area grant initiative. The position was to be added to the 1998/99 budget, but was inadvertently
omitted. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required.
9. RESOLUTION 19363 AMENDING THE FISCAL YEAR 1998/99 BUDGET TO UPGRADE THE
PART-TIME ADMINISTRATIVE OFFICE SPECIALIST APPROVED BY COUNCIL RESOLUTION
19285 TO A FULL-TIME EQUIVALENT POSITION - On December 8, 1998, Council approved
implementing the Office of Traffic Safety Serious Traffic Offenders' Program. On January 28,1999, the
department was advised that the part-time Administrative Office Specialist had been fully funded by the State
and should have been budgeted as a 1.0 full time equivalent position. Staff recommends approval of the
resolution. (Chief of Police)
10.A. RESOLUTION 19364 ACCEPTING $300,000 IN GRANT FUNDS FROM THE CALIFORNIA
ENERGY COMMISSION (CEC), AUTHORIZING THE MAYOR TO EXECUTE CEC CONTRACT
FOR $300,000 IN GRANT FUNDING, AND APPROPRIATING BUDGET FUNDS THEREFOR - In
November of 1997, the Governor approved legislation to provide a local company working in the fuel cell
industry $300.000 in State Petroleum Violation Escrow account monies. These funds were specifically
legislated for the sole purpose of sponsoring a zinc air fuel cell research/development project. Staff has been
working with Metallic Power, the fuel cell developer to secure State and private funds to complete the
project. Phase I and Phase II have been completed. This action approves a contract with Metallic Power
to begin Phase Ill. A zinc air vehicle will be demonstrated in Chula Vista as a result of this project.
Additional funding has been secured for staff costs and related energy projects. Staff recommends approval
of the resolutions. (Environmental Resource Manager) 4/5th's vote required.
B. RESOLUTION 19365 AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR $292,550
WITH METALLIC POWER INCORPORATED TO DEVELOP AN ADVANCED FUEL CELL
VEmCLE PURSUANT TO THE CEC GRANT
C. RESOLUTION 19366 APPROPRIATING $7,450 TO THE ENERGY CONSERVATION FUND AND
AMENDING THE FISCAL YEAR 1998/99 BUDGET FOR A .16 PART-TIME TEMPORARY
INTERN II PURSUANT AND CONSULTANT TO THE CEC GRANT - 4/5th's vote required.
11. RESOLUTION 19367 EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND
A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET ON
THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF
APPROVAL - On October 3, 1995, Council approved the closure of Center Street between Third Avenue
and Church Avenue on Thursday afternoons for the Downtown Farmer's Market. The market area was
expanded on June 24, 1997 to include a portion of Church A venue because the number of farmers increased
and a section for craft booths was added. Staff recommends approval of the resolution. (Director of
Community Development)
Agenda
-3-
February 16, 1999
12. RESOLUTION 19368 APPROVING THE CHULA VISTA DOWNTOWN BUSINESS
ASSOCIATION'S 1999 BUDGET AND DEFERRING THE DOWNTOWN BUSINESS
ASSOCIATION'S REQUEST FOR STAFF SERVICES, TOWN MANAGER AND PROMOTION
ASSISTANCE FOR CONSIDERATION WITH THE FISCAL YEAR 1999/2000 BUDGET SESSION
In accordance with the Municipal Code, the Chula Vista Downtown Business Association is required to
submit an annual budget in March for Council's approval. The Downtown Business Association budget is
fuuded by a special assessment applied to each business located within the district boundary and any income
the district earns from promotional activities and other contributing sources. Staff recommends approval of
the resolution. (Director of Community Development)
13 .A. RESOLUTION 19369 APPROVING CLOSURE OF THIRD AVENUE FROM "E" TO "G" STREETS
FOR THE CINCO DE MAYO CELEBRATION ON MAY 2, 1999, WAIVING SIDEWALK SALES
ORDINANCE, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS
ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT - The Chula Vista Downtown
Business Association requests the closure of Third Avenue for three 1999 promotional events. The first
event is a Cinco de Mayo celebration, a new event for the Downtown Business Association scheduled for
Sunday, May 2, 1999. The second event is the Chula Vista Third Avenue Lemon Festival scheduled for
Sunday, June 6, 1999. The Downtown Business Association requests that Third Avenue be closed between
"E" and "G" Streets from 6:00 a.m. to 8:00 p.m. on the respective dates of each event. Activities will
include live entertainment along with approximately 150 to 200 arts, crafts, and food booths. The 37th
Annual Starlight Yule Parade is the third event. The Downtown Business Association requests that Third
Avenue be closed between "D" and "I" Street, "H" Street be closed between Second and Fourth Avenues,
and portions of intersecting streets be closed on Saturday, December 4, 1999 from 3:00 p.m. to 9:00 p.m.
Staff recommends approval of the resolutions. (Director of Community Development)
B. RESOLUTION 19370 APPROVING CLOSURE OF THIRD A VENUE FROM "E" TO "G" STREETS
FOR THE CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON JUNE 6,1999, WAIVING
SIDEWALK SALES ORDINANCE, AND WAIVING BUSINESS LICENSE TAXES FOR
DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN EVENT
C. RESOLUTION 19371 APPROVING THE CLOSURE OF THIRD A VENUE BETWEEN "D" AND
"I" STREETS, "H" STREET BETWEEN SECOND AND FOURTH A VENUE AND PORTIONS OF
INTERSECTING STREETS ON DECEMBER 4,1999 FOR THE 37TH ANNUAL STARLIGHT
YULE PARADE
14. RESOLUTION 19340 APPROVING AN INTERIM DESIL T A TION AND GRADING AGREEMENT
(POGGI CANYON) WITH OT A Y PROJECT, LLC, CENTEX HOMES AND pm OT A Y RANCH
ASSOCIATES, LLC., AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT -
On November 19, 1996, by Resolution Number 18398, the City approved the Tentative Map for Tract
Number 96-04 for Village One and a portion of Village Five of the Otay Ranch Project SPA One. Tentative
Map conditions require that, prior to issuance of a grading permit for any land within the Poggi Canyon
Basin, the developer shall comply with certain conditions concerning the proposed grading and removal of
any siltation within the Poggi Canyon Basin. The Otay Ranch Company is currently processing grading
plans for land located within the Poggi Canyon basin and issuance of the grading permit is anticipated
shortly. Staff recommends approval of the resolution. (Director of Public Works) Continued from the
meeting of February 2, 1999.
15. RESOLUTION 19372 ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENTS FOR
THE PURCHASE OF SEVEN POLICE PATROL SEDANS - The fiscal year 1998/99 Equipment
Replacement and Police Department budgets provide for the purchase of seven replacement and two new
patrol sedans for the Police Department. Staff recommends approval ofthe resolution, awarding the purchase
agreement to Dixon Ford. (Director of Public Works and Director of Finance)
Agenda
-4-
February 16, 1999
16. RESOLUTION 19373 ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENT FOR
THE PURCHASE OF NINE SEDANS, A CARGO V AN, AND THREE MINIVANS - The fiscal year
1998/99 Equipment Replacement and amended Planning and Building Department budgets provide for lbe
purchase of nine sedans, a cargo van, and three minivans. Staff recommends approval of the resolution,
awarding the purchase agreement to Dixon Ford. (Director of Public Works and Director of Finance)
17. RESOLUTION 19374 ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENTS FOR
THE PURCHASE OF VARIOUS PICKUP TRUCKS - The fiscal year 1998/99 Equipment Replacement,
Planning and Building Department, and Engineering Division budgets provide for lbe purchase of eleven
various pickup trucks. Staff recommends approval of the resolution, awarding the purchase agreements to
Dixon Ford, Advantage Ford, and Lasher Auto Center. (Director of Public Works and Director of Finance)
18. RESOLUTION 19375 MAINTAINING THE EXISTING CITY INVESTMENT POLICY AND
GUIDELINES - The City has an existing Investment Policy and Guidelines to insure the prudent
management of idle cash. State law requires that the Investment Policy and Guidelines be adopted on an
annual basis after being reviewed to ensure consistency with the overall objectives of preservation of
principal, liquidity, and yield, and its relevance to current law and financial and economic trends. Staff
recommends approval of the resolution. (Director of Finance)
19. THIS ITEM HAS BEEN PULLED.
* * * END OF CONSENT CALENDAR * * *
ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the Council's
jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the
City Council from taking action on any issues not included on the posted agenda.) If you wish to address the
Council on such a subject, please complete the "Request to Speak Under Oral Communications Fonn" available
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
Thefollowingitems have been advertised and/or posted as public hearings as required by law. If you wish to speak
to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior
to the meeting.
20. PUBLIC HEARING TO CONSIDER ADDING SECTIONS 5.28.020 THROUGH 5.28.080 TO
CHAPTER 5.28 OF THE MUNICIPAL CODE RELATED TO TRIGGER LOCK AND SAFE
FIREARMS STORAGE - The San Diego Region has experienced accidental shootings which have resulted
in injury and death for a number of our young children. Adequate locking and storage of firearms can
eliminate some of these tragic accidents. California Penal Code Section 13035 governs safe firearm storage.
However I it does not provide a method or direction for firearm owners to obtain safety devices upon the
purchase of a firearm. Adding an effective safe firearm storage requirement to the Municipal Code prevents
the possibility of these tragedies from occurring by requiring firearm dealers to provide safe storage devices
with a firearm purchase. Staff recommends Council place the ordinance on first reading. (Chief of Police)
Agenda
-5-
February 16, 1999
ORDINANCE 2774 ADDING SECTIONS 5.28.020 THROUGH 5.28.080 TO CHAFfER 5.28 OF
THE MUNICIPAL CODE RELATED TO TRIGGER LOCK AND SAFE FIREARM STORAGE /first
readinl! )
21. PUBLIC HEARING PCM 97-11; REQUEST TO AMEND THE OTAY RANCH SECTIONAL
PLANNING AREA (SPA) ONE FOR PHASE SEVEN (PURPLE PHASE) OF THE VILLAGE ONE
CORE AND VILLAGE ONE WEST INCLUDING THE PLANNED COMMUNITY DISTRICT
REGULATIONS; VILLAGE DESIGN PLAN; PARKS, RECREATION, OPEN SPACE AND TRAILS
MASTER PLAN; AND AFFORDABLE HOUSING PLAN Tbe Otay Ranch Company has applied to
amend the Otay Ranch SPA One Plan for the Village One Core - Phase Seven (Purple Phase). and the area
of Village One west of Paseo Ranchero (Village One West). The SPA One amendment implements the
recently approved Otay Ranch General Development Plan Amendments for Village One and Village One
West. The Village One Core area is 95 acres, expands the development area in Phase Seven (Purple Phase)
consistent with the General Development Plan amendment and modifies the design of the "Main Street"
concept. The Village One West amendment adds approximately 296.5 total developable acres and
corresponding increase in the number of units in the area west of Pas eo Ranchero. Staff recommends Council
place the Ordinance on first reading and approve the resolution. (Director of Planning and Building)
A. ORDINANCE 2775 APPROVING THE OTAY RANCH AMENDED SECTIONAL PLANNING
AREA ONE PLANNED COMMUNITY DISTRICT REGULATIONS /first readiIll!\
B. RESOLUTION 19376 APPROVING AMENDMENTS TO THE OT A Y RANCH SECTIONAL
PLANNING AREA (SPA) ONE PLAN; VILLAGE DESIGN PLAN; PARKS, RECREATION, OPEN
SPACE AND TRAILS MASTER PLAN; AND AFFORDABLE HOUSING PLAN
22. PUBLIC HEARING PCM-95-01B - AMENDING THE OTAY RANCH SPA ONE PUBLIC
FACILITIES FINANCING PLAN TO EXPEDITE OLYMPIC PARKWAY CONSTRUCTION - This
is a proposal of amend the Otay Ranch SPA One Public Facilities Financing Play, changing the
implementation threshold for Paseo Ranchero and Olympic Parkway. Staff recommends the DubHc heariIll!
be continued to the meet;n!! of March 2. 1999. (Director of Planning and Building) Continued from the
meet;n!! of January 19. 1999.
23. PUBLIC HEARING PCC 99-25; CONSIDERATION OF A 132 UNIT AFFORDABLE SENIOR
HOUSING COMPLEX LOCATED ON THE EAST SIDE OF MEDICAL CENTER DRIVE
BETWEEN EAST NAPLES AND MEDICAL CENTER COUNT, AND INVOLVING A 69%
DENSITY BONUS INCREASE AND SPECIAL PROPERTY DEVELOPMENT STANDARDS -
CHELSEA INVESTMENT CORPORATION - The proposed project consists of 132 seruor apartment units
divided into three separate villages with connecting pedestrian links. The request includes a reduction in
parking and open space requirements. Staff supports these requests and believes they result in a superior
product design. Applicant is also requesting a 69 % density bonus. Staff supports this request in that it will
help to implement the City's Affordable Housing Program and provide supportive housing assistance to
special needs population such as the elderly. Staff recommends approval of the resolution. (Director of
Planning and Building)
RESOLUTION 19377 GRANTING A CONDITIONAL USE PERMIT, PCC 99-25 FOR A 132 UNIT
AFFORDABLE SENIOR APARTMENT COMPLEX AT THE NORTHEAST CORNER OF
MEDICAL CENTER DRIVE AND MEDICAL CENTER COURT WITHIN THE SUNBOW II
PLANNED COMMUNITY; AND ALLOW A 69% DENSITY BONUS INCREASE PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65915, CHELSEA INVESTMENT
CORPORATION
Agenda
-6-
February 16, 1999
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
ofthe City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the
Council, staff, or members of the general public. The items will be considered individually by the Council and shiff
recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a
"Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
24.A. RESOLUTION 19378 APPROVING THE PROBLEM-SOLVING PARTNERSHIP AGREEMENT
WITH A YRESLAND COMPANY, THEEASTLAKE COMPANY, FIELDSTONE COMMUNITIES,
INC., THE CORKY MCMILLIN COMPANIES, THE OT A Y RANCH COMPANY, AND PACIFIC
BAY HOMES ("DEVELOPMENT COMMUNITY") - On November 18, 1997, Council approved
acceptance of funds from the U.S. Department of Justice for a COPS Problem-Solving Partnership Study to
be conducted by the Police Department. One part of the study has focused on improving new home safety
and security through target-hardening and other preventive measures. These measures were co-formulated
with the Police Department and developers and builders who are now prepared to sign an implementation
agreement. A second focus of the study has been improving on-scene evidence collection and increasing
suspect arrests. This was achieved during the life of the grant, with the addition of a temporary Latent Print
Examiner. A third part of the study specifically addressed crime problems occurring in multi-family
housing. As part of a previous report, Council authorized the department to initiate a Crime Free Multi-
Housing Program in Chula Vista. The results from these interventions have been (and are expected to be)
significant. Staff recommends approval of the resolutions. (Chief of Police)
B. RESOLUTION 19379 APPROVING THE ADDITION OF ONE PERMANENT HALF-TIME
EQUIVALENT LATENT PRINT EXAMINER POSITION AND APPROPRIATING FUNDS - 4/Sth's
vote required.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removedfrom the Consent Calendar. Agenda
items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
25. CITY MANAGER'S REPORTCS)
A. Scheduling of meetings.
26. MAYOR'S REPORTCS)
27. COUNCIL COMMENTS
Agenda
-7-
February 16, 1999
ADJOURNMENT
The meeting will adjourn to a closed session, thence to a special meeting/worksession on Wednesday, February 24,
1999 at 6:00 p.m. in the Council Conference Room, Administration Building, thence to a special meeting/worksession
on Saturday, February 27, 1999 at 9:00 a.m. in the Council Conference Room, Administration Building, and thence
to the regular City Council meeting on March 2, 1999 at 4:00 p.m. in the City Council Chambers.
A meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
'" declare under penalty of perjury that I am
employed b:/ Fe <' it.. of CilU:3 Vista in the
Office of :~:':c C-it} Clci-;, ~;, J Liat I oosted
this AgendL-l/l~o'ii:e on the Gulie't:n Board at
Tuesday, Febmary 16, 1999 the Public J:-~S Bu'lJin;; GAll. "I Ill., .",11 on Council Chambers
6:00p.m. OATEO,:2 / 'i SIGNED 6~~ 'JPublic Services Building
(immediately following tbe City Council Mee>lDg)
CHULA VISTA CITY COUNCIL CWSED SESSION AGENDA
liffective April 1, 1994, there have been new amendments to the Brown Act. Unless the CiJy Attorney, the CiJy
Manager or the CiJy Council states otherwise at this time, the Council will discuss and deliberate on the following iJems
of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised
should be discussed in closed session to best protect the inlerests of the CiJy. The Council is required by law to return
to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the
typical length of time taken up by closed sessions, the videotaping will be terminated oJ this poinl in order to save costs
so thoJ the Council's returnfrom closed session, reports of final action taken, and a4journmenl will not be videotaped.
Nevertheless, the report offinal action taken will be recorded in the minutes which will be availabk in the CiJy Clerk's
Office.
I. CONFERENCE WITH LEGAL COUNSEL REGARDING:
. Existing litigation pursuant to Government Code Section 54956.9(a)
1. In Re: Whitewater Canyon LLC, Ca..e No. 98-08520-AIJ.
2. Pentico v. City ofCbula Vista, SB004465.
3. Villareal v. City ofChulR Vista, SB005144.
4. Rutherford v. City ofChula Vista, SBSe Case No. 6335.
5. Fritsch v. City ofChulR Vista, District Case No. 98-CV-0972-E CGA.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
.
Property :
Approximately 7 acres located on Bonita Road adjaceot to the
Chula Vista Municipal Golf Course
Negotiating Parties:
City ofChula Vista (Chris Salomone) and Diamond Development
Company.
Under Negotiation:
Purchase price/lease rate and other tenns and conditions for
possible disposition of City-owned property.
.
Property:
ApproxinUltely 1,000 acres, Assessor Parcel Numbers 644-070-
01; 644-080-06; 644-080-07; 644-080-09; and 644-080-10.
Negotiating Paries:
City of Chula Vista. New Millenium, Home Federal Leucadia
National, EastLake, Otay Ranch Company, and McMillin.
Under Negotiation:
Tenus and conditions for disposition of real property.
2. REPORT OF ACTIONS TAII..'EN IN CWSED SESSION
February 16. 1999
To Honorable /layor Horton and all llemhers of tlte Chula Vista City
Council and all appointed and elected officials of the City of Chula
Vista:
This letter is t:o offer a pre-litigation settlement meeting to address
my claim UlRt t.he City is i lJegal1y using publi" funds for the purpose
of advocatinq the voters to approve the Library 'l'ax. knOHI1 as
Proposition L.
As I am sure you EIre awar-e. ecp. 526(a) (among other statutes) allows
any ci tizen Hho is either" resident of or has paid taxes in a
particular city to sue that city for using public funds to urge passage
of bond meAsures. Also, this code section alloHs officers and agents of
said C.i ty to be sued persona..l L y.
Theretore. in order to avoid t.he burden of a ImlSuit as well as to
establish my Liqhts to collect attorney fees and costs as may be allowed
under eel" 1();~1.5 (and ot,herHise) shou"ld a lawsuit be necessary. I am
asking for c1 mp.etinq Hit.h t.he applicable members and agents of the City
of Chula Vis!", t.hat. may be authorized to settle this matter.
I expect that such a meet-inq be held before close of business, on
Friday, February 19th, 1999.
Sincerely.
~w.~
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Name v
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St~ate Zip
February 16. 1999
To Honorable Hayor Horton and all llembers of the Chula Vista City
Council and all appointed and elected officials of the City of Chula
Vista,
This letter is to offer a pre-litigation settlement meeting to address
my claim that the City is il1",gally using public tunds for the purpose
of advocatina "tJ1e voters to approve the Library Tax, known as
Proposition L.
As I am sur", you are aware, CCP. 526 (a) (amonq other statutes) allows
any citizen who is either a resident of or has paid taxes in a
particular city to sue that city for using public funds to urge passage
of bond measures. Also, this code section al.lolls officers and agents of
said Ci ty to be sued perSOIl,?\ l.Ly.
Therefore. in ordel~ to avoid the burden of a ImlSuit as well as to
establish mv rights to collect attorney fees and costs as may be allowed
under CCP 1021.5 I and othen,ise) should a laHsui L be necessary, I am
asking for a meeting Hith the "pplicable members and agents of the City
of Chula Vi na that may be authorized to settle this matter.
I expect that sl1ch a meeting be held before close of business, on
Friday, February 19th, 1999,
Sincerely,
r .
'.LI.-.. Ih ..~
Name
_~/<l-7'...2.~2'2_~___
Telephone
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number street
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City
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9/C(.!/ -/&,"01
Zip
February 16. 1999
To Honorable llayor Horton and all tlembers of the Chula Vista City
Council and all appointed and elected officials ot the City of Chula
Vista:
This letter is to offer a pre-litigation settlement meeting to address
my claim that the City is il I"qally using public funds for the purpose
of advocatinn the voters to approve the Library Tax, knm.m as
Proposition L.
As I am sure YOIJ are a"are. CCP. 526 (a) (among other statutes) allows
any citizen "ho is either a resident of or has paid taxes in a
particular city to sue that city for using public funds to urge passage
of bond measures. Also, this code section allO\-IS officers and agents of
said Ci ty to be sued personal! y.
Theretore, in order to avoid t.he burden of a lctwmit as well as to
establish my rights to collect attorney fees and costs as may be allowed
under CCP 1021. 5 (and otherHise) should a lal-lSllit be necessary, I am
asking for a meeting with the applicable members and agents of the City
of Chula VistA that may be aut.horized to settle this matter.
I expect that such a meetinCj IJe held before close of business, on
Friday, February 19th, 1999.
~d
~Name tlff;;/l~;;:: ik~--'
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JOHN M. KAHENY
ANITA M. NOONE
LESLIE 1. GIRARD
SUSAN M. HEATH
CASEY G. GWINN
ASSISTANT CITY ATTORNEYS
STUART H. SWE'IT
HEAD DEPtrrY CITY A1TORNEY
OFFICE OF
THE CITY ATTORNEY
CITY OF SAN DIEGO
CITY A TIORNEY
crvn.... DrvISION
202 'C' STREET
SAN DIEGO. CALIFORNIA 92101.3863
TELEPHONE (619) 236-6220
FAX (619) 236-7215
John W. Witt
MEMORANDUM OF LAW
DATE: June 13, 1996
TO: William W. Sannwald, City Librarian
FROM: City Attorney
SUBJECT: Use of Edwin A. Benjamin Memorial Fund Monies
In a memorandum dated May 16, 1996, at the request of the
Board of Library Commissioners, you have asked whether Edward A.
Benjamin Memorial Fund monies can be used for certain purposes.
We have restated the questions as follows:
QUESTIO~S PRESENTED
1. May the City use public funds (Benjamin Fund) to
advocate for passage of a ballot measure, either by financing a
citizen action committee's efforts or by spending funds directly
to advocate passage of a ballot measure?
2. May the City use public funds (Benjamin Fund) for
informational purposes to educate the public regarding a ballot
measure?
3. Are there any restrictions in the City Ordinance which
would prohibit the use of the Benjamin Fund for informational
purposes, where the ballot measure, if successful, would provide
funds for construction and enhancement of branch libraries?
4. May the Benjamin Fund be used to pay for the services of
consultants who were hired by the City to poll City residents and
conduct focus group meetings in order to determine the level of
public support for a branch library ballot measure?
,
William W. Sannwald
-2-
June 13, 1996
SHORT ANSWERS
1. No, public funds may not be used to advocate for a
partisan position on any issue except under limited circumstances
not present here.
2. Yes, public funds may be used for
educational purposes related to a ballot measure
viewpoints on the issue are fairly represented.
informational or
so long as both
3. No, the City Ordinance does not appear to prohibit the
use of the Benjamin Fund for informational purposes regarding a
ballot measure that would raise funds for the improvement of
branch libraries.
4. This mayor may not be an appropriate use of Benjamin
Fund monies. If the purpose of the polling was to determine
whether City residents would like the opportunity of voting on
the issue of additional funding for branch libraries without
attempting to advocate for or against the passage of such a
measure, .then it is probably an appropriate use. If, on the
other hand, it was determined to be advocacy, then it is not an
appropriate use. Ultimately this is a factual determination
subject to review by the courts.
.
BACKGROUND
Edwin A. Benjamin died in 1963, and bequeathed $500,000 to the
City in a holographic will designating its use for library
purposes. A trust fund was set up pursuant to a City Council
ordinance in 1964 stating the specific purposes for which the trust
fund could be used. (Ordinance No. 8973 (New Series).) This was
amended in 1983 to remove a restriction on use of the fund.
(Ordinance No. 15999 (New Series).)
Now, the City Council is proposing a ballot measure asking
voters to approve a 1/4% sales tax increase for the next five years
to be used for branch libraries. Related to this ballot measure,
a citizen action committee, Citizens in Action for Local Libraries
(" CALL"), has started a campaign to get the measure passed {2/3
vote required} . The Board of Library Commissioners has asked the
City if they may utilize the Benjamin Trust Fund to promote passage
of the ballot measure, by either giving the money to CALL to
finance their efforts, or by' spending funds directly to get the
measure passed. .
William W. Sannwald
-3-
June 13, 1996
ANALYSIS
1. USING PUBLIC FUNDS TO ADVOCATE FOR A BALLOT MEASURE
The City is strictly limited in how it may expend public
funds. In general, "expenditures by an administrative official are
proper only insofar as they are authorized, explicitly or
implicitly, by legislative enactment. [E]xecutive officials
are not free to spend public funds for any 'public purpose' they
may choose, but must utilize appropriated funds in accordance with
the legislatively designated purpose." Stanson v. Mott, 17 Cal. 3d
206, 213 (1976); See also Cal. Pub. Res. Code ~ 504 (Deering 1993)
(providing explicit statutory authority for this general
principle). However.. campaign expenditures "cannot be sustained
unless the power to do so is given. . in clear and
unmistakable language." Stanson, 17 Cal. 3d at 216 (emphasis in
original). The Benjamin Fund is a public fund.l Therefore, in
order to use it to promote the passage of a ballot measure (a,
campaign expenditure), the Library Commission must have explicit
legislative authorization. The following cases will help
illustrate what is meant by "explicit legislative authorization."
In Stanson, the California Department of Parks and
Recreation printed materials which promoted approval of an
initiative bond measure appearing on the next ballot, as well as
by sending out, at the department's expense, privately printed
materials favoring its passage. In addition, the department
spent state funds on speaking engagements and travel expenses to
promote passage, and a three-person staff worked exclusively on
promoting passage. Id. at 210-211. The Department argued that
since it was authorized to assist the Parks and Recreation
commission in the "protection and development of the state park
system," it was authorized to expend public funds to disseminate
information concerning the public need for the bond issue under
section 512 of the Public Resources Code.2 Id. at 215 (emphasis
in original). However, the court disagreed, citing the holding
in Mines v. Del Valle, 201 Cal. 273 (1927) (overruled on other
grounds). Id. at 216.
In Mines, the seminal California case dealing with the
expenditure of public funds in relation'to a ballot measure, the
city council called an election to submit a bond issue for
municipal improvements; specifically, the expansion of electrical
I The Benjamin Fund was donated to the City to be held in trust
for use by the Library Commission. As such, it is a public fund.
2 This code section is discussed later in this memorandum.
William W. Sannwald
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June 13, 1996
power plants. Thereafter, the Board of Public Service
Commissioners, the governing board of a municipally owned public
utility, expended more than $12,000 of public funds to promote
passage of the bond issue.3 When a taxpayer challenged the
propriety of such expenditures, the commissioners defended their
actions on the basis of their broad authority under the Los
Angeles city charter provision which granted explicit authority
to extend electrical plants and works under its charge. They
argued that this explicit grant of authority necessarily carried
with it an implied authority to do anything necessary to the
execution of the express power. Mines, 201 Cal. at 281-282
The court held, however, that raising money to extend the
electrical system is one thing and extending it is an entirely
different and distinct power. Thus, the funds were improperly
expended to influence approval of the bond issue. Id. at 283.
The court reasoned that voters opposing the bond issue had rights
to the expended public funds equal to those of voters supporting
it; therefore, the use of public funds to further the bond issue
was illegal unless the power was given to the governmental agency
expending the funds in clear, unequivocal language. Id. at 287
(emphasis added). Moreover, such authority could not be implied
from any express provisions of the charter, and nothing could
invest defendants with authority denied by the charter. Id. at
287-288.
Thus, the California Supreme Court plainly states that
explicit legislative authorization must be found in clear,
unequivocal language in order for public funds to be used in
favor of partisan efforts. Further, public funds may not be used
to influence approval of a ballot measure in the absence of such
explicit legislative authorization.4 In this case, there is no
3 Claims were submitted to the city council for printing cards,
banners, automobile windshield stickers and banners, labels,
circulars and postal cards, and for the construction of a float.
All these expenditures were incurred during the election campaign
period for the purpose of influencing voters in favor of the bond
issue. Mines, 201 Cal. at 27~-277.
4 However, even if the court found that such explicit
legislative authority existed, such expenditures raise potentially
serious constitutional questions. "A fundamental precept of this
nation's democratic electoral process is that the government may
not 'take sides' in election contests or bestow an unfair advantage
on one of several competing factions. [T]he selective use of
public funds in election campaigns . . . raises the specter of just
such an improper distortion of the democratic electoral process."
Stanson, 17 Cal. 3d at 217. The California Supreme Court did not
william W. Sannwald
-5-
June 13, 1996
provision that accords the City such express legislative
authorization. Therefore, the City may not use the Benjamin Fund
to advocate a partisan position on the branch library ballot
measure.
Finally, while partisan advocacy is prohibited, it is
important to note that nothing precludes the Library Commission
from taking a position on the ballot measure. "[The] government
. may add its voice to the marketplace of ideas on
controversial topics. [However, it] may not, in the guise of
governmental speech, trammel the free speech rights of its
citizens." Leaque of Women Voters v. countvwide Criminal Justice
Coordination Comm., 203 Cal. App. 3d 529, 549 (1988). Thus, the
Library Commission may publicly state its own position in support
of the ballot measure. They simply may not advocate to voters to
take a similar position.
2. USING PUBLIC FUNDS TO INFORM THE PUBLIC ABOUT A BALLOT
MEASURE
(a) Authoritv to use public funds
An administrative official possesses statutory authority to
use public funds to disseminate "information" to the public on
partisan issues, so long as a fair representation of both sides
of the relevant facts is provided. Stanson, 17 Cal. 3d at 210.
The Stanson court relies on section 512 of the Public Resources
Code, which states in pertinent part:
For the purpose of disseminating information relating
to its activities. . duties or functions, the
department may issue publications. . and perform
such acts and carry on such functions as in the opinion
of the director will best tend to disseminate such
information.
Cal. Pub. Res. Code ~ 512 (Deering 1993).
Furthermore, under the provisions of the San Diego City
Charter, the City has "the right and power to make and enforce
all laws and regulations in respect to municipal affairs, subject
only to the restrictions and limitations provided in this
Charter. "San Diego City Charter, art. r, ~ 2 (1931).
reach this "serious constitutional issue" in Stanson because the
legislative provisions relied upon did not authorize such
expenditures in the "clear and unmistakable language" required by
Mines. rd. at 219-220.
,
william W. Sannwald
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June ~3, ~996
The dissemination of information on partisan issues is not
expressly restricted or limited by the provisions of the City
Charter. Therefore, the City may use public funds to "educate"
or "inform" the public regarding the upcoming ballot measure
unless prohibited by the City Ordinance which governs the use of
the funds they intend to use; i.e., the Benjamin Fund.
(b) Limitations on the use of the Beniamin Fund
San Diego City Ordinance No. 8973 (New Series) was adopted
in ~964 to carry out the intent of Mr. Benjamin's bequest,
creating a special fund known as the "Edwin A. Benjamin Memorial
Fund." Section 2 of the ordinance states:
The purpose of said Fund shall be to improve
library resources and service over and above the
level which can be provided by normal library
budget allotments, said improvement to be effected
by the purchase of books and other library
materials, the construction or improvement of
library buildings, the temporary employment of
necessary or additional personnel in order to make
increases of books and other materials available
for use through cataloguing, indexing, or
duplicating, or any combination of the above.
This language makes clear that the City Council intended the
designated funds to be used for general library purposes. There
is no indication in the language of Section 2 that Council
intended to prohibit the use of the Fund for educating the public
about a ballot measure which, if successful, would result in
improvements to branch libraries; similarly, there appears to be
no other provision of the ordinance which prohibits such
expenditures by the City.
To determine appropriate uses for the Fund, we may also look
to the legislative intent. The legislative intent of Ordinance
No. 8973 (New Series) can be ascertained from the ordinance
language itself; specifically, the intent.of the City Council was
to "carry out the beneficent intent of Mr. Benjamin's bequest and
to preserve for the public the greatest. benefit available from
said bequest . "San Diego City Ordinance No. 8973 (New
Series) (February 27, ~964). Mr. Benjamin's testamentary intent
was to improve library services.s The ballot measure is intended
to fund branch libraries. Thus, using the Fund to disseminate
S See holographic will of Mr. Edwin Benjamin dated August 8,
~956.
William W. Sannwald
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June 13, 1996
information to the public about the ballot measure meets both
the legislative intent and Mr, Benjamin's testamentary intent.
Thus, in the absence of an express prohibition, and in light
of the legislative intent, it seems appropriate to use the
Benjamin Fund to "inform" the public about the branch library
ballot measure. The only caution is that the activity must not
cross the line between proper "information" and improper
"advocacy". Unfortunately, differentiating between what is
"information" and what is' "advocacy" may sometimes be difficult.
Stanson, 17 Cal. 3d at 221.
(c) The difference between "information" and "advocacy"
In making this determination, there is no hard and fast
rule. ["T]he determination of the propriety or impropriety of
the expenditure depends upon a careful consideration of such
factors as the style, tenor and timing of the publication;
" Id. at 222.
[In some instances,] the distinction is rather
clear; thus, the use of public funds to purchase
such items as bumper stickers, posters,
advertising "floats," or television and radio
"spots" unquestionably constitutes improper
campaign activity, as does the dissemination, at
public expense, of campaign literature prepared by
private proponents or opponents of a ballot
measure.
Id. at 221 (citing Mines v. Del Valle) .
However, "in a number of instances publicly financed
brochures or newspaper advertisements which have purported to
contain only relevant factual information, have
nevertheless been found to constitute improper campaign
literature." Id. at 222.
For example, in Citizens to Protect Pub. Funds v. Bd. of
Educ., 13 N. J. 172 (1953) (heavily relied upon by the Stanson
court), the New Jersey Supreme Court considered the legality of a
school board's expenditure of public funds for the publication of
an 18-page booklet concerning a school building program which was
the subject of an upcoming bond election. Most of the booklet
contained factual information' as to the need for the proposed
school facilities and the cost of the proposed project, but three
of the booklet's pages contained the simple exhortation "Vote
Yes," "Vote Yes," and an additional page warned of the dire'
william w. Sannwald
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June 1.3, 1.996
consequences that would result "if You Don't Vote Yes." The
court held that,
[T]he board made use of public funds to advocate
one side only of the controversial questions
without affording the dissenters the opportunity
. to present their side, and thus imperilled
the propriety of the entire expenditure.
The expenditure is then not within the implied
power and is not lawful in the absence of express
authority from the Legislature.
rd. at 180-181.
However, the New Jersey Supreme Court also emphatically affirmed
the school board's implicit power to make "reasonable
expenditures for the purpose of giving voters relevant facts to
aid them in reaching an informed judgment when voting upon the
proposal." rd. at 179. Therefore, while full disclosure of
relevant facts is encouraged, if there is any attempt to
influence the actions of the voters, it is considered improper
partisan advocacy.
On the other hand, even where an advertisement refrained
from exhorting voters to "Vote Yes," the courts have sometimes
found an improper use of public funds. For example, in Stanson,
the court makes note of a situation where the trustees of the
Madera Union High School District placed a full page
advertisement in a general circulation newspaper one day before a
school bond election. The ad did not explicitly urge voters to
"Vote Yes" on the bond issue, but stated in large letters that "a
classroom emergency exists now at Madera Union High School" and
listed a number of reasons why additional funds were needed by
the school district. The county counsel requested the Attorney
General's opinion as to whether public funds could be used to pay
for the advertisement. The Attorney General concluded that
although the ad did not explicitly urge a "Yes" vote and did
disclose relevant factual information, the use of public funds to
pay for the advertisement would nonetheless be improper. The
opinion reasoned that,
Viewed as a whole, the advertisement cannot
properly be held to be a publication primarily
designed to educate the voters as to the
activities carried on by or the conditions of the
schools of the district. The style, tenor
and timing of the advertisement placed by the
board of trustees points plainly to the conclusion
that the publication was designed primarily for
William W. Sannwald
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June 13, 1996
the purpose of influencing the voters at the
forthcoming school bond election."
Stanson, 17 Cal. 3d at 222, n. 8 (citing 35 Ops. Cal. Att'y Gen.
112,114 (1960)).
In some cases, the distinction between information and
advocacy is less obvious. In Choice In Educ. v. Los Anqeles
Unified School Dist., 17 Cal. App. 4th 415 (1993), the District
School Board took a position opposing a parental choice in
education initiative at a public meeting, which was twice
televised on a television station funded and operated by the
district. While the Board had the authority to take such a
position on aL issue at a public meeting, the focus of the
court's attention was the public broadcasts. The court held that
although the nature and timing of the broadcasts reasonably
supported the inference that the primary purpose of the
expenditure was to provide greater access to the board's
meetings, the actions constituted illegal advocacy of a partisan
position and an illegal expenditure of public funds because the
broadcast supported one side only and dissenters were given no
opportunity to present their side. Id. at 430.
By contrast, in Leaque of Women Voters, the drafting of an
initiative, the search for a willing proponent, the drafting of a
"suggested core speech" in support of the initiative, and an
informational article written by a district attorney were held
not to be actions taken to attempt to influence voters. The
court reasoned that the audience at which these activities were
directed was not the electorate per se. Leaque of Women Voters,
203 Cal. App. 3d at 550. The court explained that the drafting
of a "suggested core speech" might have been such an action, but
there was no evidence that expenditures of public funds were made
in such drafting. Id. at 559. In addition, an article by a
district attorney was a fair presentation of relevant
information, not designed to influence voters, and the simple
decision of the board of supervisors to endorse the measure did
not entail an improper or reportable expenditure. Id. at 555.
Therefore, it may not always be clear when an activity is
improper advocacy or informational only.. Generally, the City
may "inform" or "educate" the public regarding a ballot measure
so long as it fairly represents both sides. It is only at the
point that the activities cross the line of improper advocacy or
promotion of a single viewpoint in an effort to influence the
electorate on a particular issue that the actions become
unlawful. Thus, developing campaign literature, making bumper
stickers or advertisements, or exhorting the public to "vot"e
yes," or any other purpose primarily intended to influence
William W. Sannwald
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June 13, 1996
voters without giving dissenters an opportunity to present their
side is unlawful unless there is proper legislative authority.
In close calls, the style, tenor, and timing of their activities
should be used to determine their primary purpose.
3. MAY PUBLIC FUNDS BE USED TO PAY FOR THE SERVICES OF
CONSULTANTS HIRED BY THE CITY TO POLL CITY RESIDENTS AND
HOLD FOCUS GROUPS TO DETERMINE SUPPORT OF THE BRANCH LIBRARY
BALLOT MEASURE?
The first question is whether this expenditure is a campaign
contribution. It is a campaign contribution only if the
expenditure is for campaign activities. Cal. Code Regs. tit. 2,
9 18420(b) (1995). Such payments are for campaign activities if
services are rendered "for political purposes." Id. 9 18423(a}.
The phrase "for political purposes" means "for the purpose of
influencing or attempting to influence the action of the voters
for or against the .. [qualification or passage of any
measure.]" Thirteen Committee v. Weinreb, 168 Cal. App. 3d 528,
532-533 (1985). If the expenditure is for campaign activities,
explicit legislative authority for the expenditure is required.
Stanson, 17 Cal. 3d at 216.
This one is a close call because there are arguments both
ways. On the .one hand, this may not be considered campaign
activity since polling public opinion does not normally direct
information at voters, or entail an attempt to persuade or
influence any vote. Nothing suggests anything more than polling
public opinion was involved in this case. Therefore, arguably
this does not fall within the definition of campaign activity.
See Leaoue of Women Voters, 203 Cal. 3d at 554 (holding that the
activities of identifying and securing a willing proponent for a
draft initiative was lawful because it did not entail any degree
of public advocacy or promotion, directed at the electorate, of
the single viewpoint embodied in the measure) .
If the purpose of the polling was to determine whether City
residents would like the opportunity of voting on the issue of
additional funding for branch libraries without attempting to
advocate for or against the passage of such a measure, then it is
probably an appropriate use. If, on the other hand, it was
determined to be advocacy, then it is not an appropriate use.
Ultimately this is a factual determination subject to review by
the courts.
-
william W. Sannwald
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June 13, 1996
CONCLUSION
The City may not use the Benjamin Trust Fund to advocate to
voters the passage of the branch library ballot measure, nor can
public funds be used in any way to promote a partisan position.
However, the Fund may be used for informational purposes to educate
the electorate on a campaign issue so long as each side's views are
fairly represented. Furthermore, there appear to be no
restrictions in the City Ordinance which prohibit such a use.
Lastly, the Benjamin Fund may be used to pay for consultants who
polled public opinion on the ballot measure only if it is
determined that such polling was for purposes of determining the
interest of citizens in having the opportunity to vote on the issue
rather than advocating the passage of such a measure.
JOHN W. WITT, City Attorney
~t\.~
By
Stuart H. Swett
Head Deputy City Attorney
SHS:KW:kw:smf:273: (x043.2)
ML-96-33
February 16, 1999
MEMO TO: Mayor Shirley Horton
FROM: Patricia Salvacio~
SUBJECT: SPECIAL ORDERS OF THE DAY - F!:BRUARY 16, 1999
Please note an additional proclamation to be presented this evening:
Proclaiming the month of February 1999 as
Heart Month
"Thumper, The Sharp Heart" will be accepting the proclamation on behalf of Sharp Chula
Vista Medical Center.
~~f?
ii!aiij;
~~~~
~~-~
CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
February 10, 1999
From:
The Honorable Mayor and City Council
Ann Y. Moore, Senior Assistant City Attorney Ul~,
To:
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 2/9/99
The City council of the City of Chula Vista met in Closed Session
on 2/9/99 to discuss:
Conference with Legal Counsel regarding Existing Litigation
Pursuant to Government Code Section 54956.9(a): In Re: Whitewater
Canyon LLC, Case No. 98-08520-All.
The Senior Assistant City Attorney hereby reports to the best of
her knowledge from observance of actions taken in the Closed
Session in which the Senior Assistant City Attorney participated,
that there were no reportable actions which are required under the
Brown Act to be reported.
AYM: 19k
H:\home\lorraine\lt\clossess.no
--5/1 ~ /
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (61SI-
409-5823
"*1'a!I~IlIIc,doOP<(ler
ORDINANCE NO. ;;.. 7;; 3 0'"
- n\~ ,\'
f>-DO\
AN ORDINANCE OF THE CITY OF CHULA VIST~....g.t.Y~UNCIL
AMENDING SECTION 19.60.480 OF THE CHJ.l~?~A MUNICIPAL
CODE RELATING TO ALLOWABL~~~lrSITE DIRECTIONAL
SUBDIVISION SIGNAGE.
WHEREAS, the current Zoning Ordinance allows a minimal amount of off-site directional
subdivision signage subject to approval of a Conditional Use Permit, and
WHEREAS, numerous major developers within the City have indicted there is a need for
additional off-site directional subdivision signage within the City, and
WHEREAS, most major developers already have provisions in place within the text of
their SPA plans to allow a kiosk sign program to be developed for purposes of allowing
subdivision directional signage within the boundaries of the development itself and have requested
to the City that said provisions be extended off-site as well, and
WHEREAS, requiring the developers to comply with the existing provisions of the sign
ordinance has resulted in the proliferation of illegal off-site subdivision signs, and
WHEREAS, the proposed amendment will require the removal of all such illegal signage
prior to construction of off-site kiosk structures, and
WHEREAS, the City has initiated a request to amend the Municipal Code to allow the
construction of off-site kiosk structures and associated off-site directional subdivision signage,
and
WHEREAS, allowing the proposed off-site directional subdivision signage will provide
needed signage to direct the public to particular subdivisions and remove the existing illegal
signage, and
WHEREAS, development of an off-site kiosk program will require the adherence to
uniform guidelines to be followed in the construction of kiosks and associated signs, and
WHEREAS, encroachment permits will be issued for all kiosk structures to be placed in
the public right-of-way, and
WHEREAS. on January 13, 1999, the City Planning Commission voted 6-0-0 to
. recommend that the City Council approve the Ordinance in accordance with Resolution PCA 98-
05; and
WHEREAS. the City Clerk set the time and place for a hearing on said Municipal Code
amendment application and notice of said hearing, together with its purpose, was given by its
~j 9 1_
""7 / -/
~-I
Ordinance No.
Page 2
publication in a newspaper of general circulation in the city; and
WHEREAS, a public hearing was held at the time and place as advertised, namely January
26, 1999, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing
was thereafter closed.
WHEREAS, on January 26, 1999, following the public hearing, the City Council
continued the item to the meeting of February 2, 1999; and
WHEREAS, on February 2, 1999, the public hearing was continued until February 9,
1999; and
WHEREAS, a new public hearing was held by the City Council on February 2, 1999
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby amend to
add subsection (G) to Section 19.60.480 of the Chula Vista Municipal Code to read in its entirety
as follows:
Section 19.60.480 Subdivision Directional Signage
Directional advertising signs deemed necessary to indicate a change in direction to a
subdivision may be authorized subject to a conditional use permit issued by the zoning
administrator in accordance with the provisions of this title and the following conditions:
A. The request shall denote the number of signs, their location, size and design, for
consideration by the zoning administrator;
B. The applicant shall file a letter of approval from each property owner or occupant on
whose property proposed signs are to be located;
C. The conditional use permit may be issued for a reasonable period but not to exceed six
months; provided however, that the zoning administrator may grant two extensions for
one-year periods without renotification or rehearing;
D. The signs may pertain to only those subdivisions which are located within the city;
E. The signs may be either single or double-faced or V-shaped, provided the angle between
the two faces does not exceed forty-five degrees;
F. No freestanding sign may exceed a height of three and one-half feet, or exceed four and
one-half square feet in area.
G. Community Directional Kiosk Signs
//1 ~ 2' c-<<
Ordinance No. Page 3
1. Purpose and Intent.
a. This section is intended to permit off-site directional signs necessary to serve
the people of Chula Vista by providing directional information so that residents
and visitors can easily locate residential' subdivisions and master plan
communities in an attractive and safe manner consistent with the City's
prohibition against off-site advenising signs or displays. A community
directional kiosk 'sign is a sign installed and maintained according to the
provisions of this section. Other signs owned and maintained by the City or
the Chula Vista Redevelopment Agency shall not be subject to the provisions
of this section.
b. If this section or any part of it is deemed unconstimtional, all directional
strucmres and signs permined by this section shall be immediately removed.
2. Relationship to other provisions of this Municipal Code Section
a. The provisions of subsection (G) shall apply exclusively to off-site
community directional signs and any developer utilizing this subsection
shall not be eligible to utilize subsections (A) - (F) above.
3. Sign Plan Approval
a. An integral component of the overall kiosk sign program is the adoption of
a sign plan specifying the details of the design of the kiosk strucmre and
associated sign panels. Said sign plan shall be approved by the Director of
Planning and Building.
4. Zones Permitted
a. Community directional kiosk signs are permitted in zones specified in this
ordinance and the Kiosk Sign Plan.
5. Administration
a. The Community Directional Kiosk Sign Plan shall be administered by the
Director of Planning and Building for the City, or at the Director's option, the
Director may designate another entity to administer the construction,
installation, maintenance, and removal of kiosk structures and signs and leasing
of sign space on the kiosks in accordance with the following provisions and the
Kiosk Sign Plan:
J-l1- J
0--3
Ordinance No.
Page 4
1.
Any permit processing costs of signs mounted on kiosk structures
shall be established by the Planning and Building Director.
11
Kiosks. One kiosk design as specified in the Kiosk Sign Plan shall
be utilized throughout the City. Prior to construction or installation
of kiosk structures, the sign program administrator shall receive
Planning and Building Director approval 10 ensure compliance with
the following provisions:
a) Locations. Kiosk structures shall be located within the public
right-of-way, private property or open space at various points
throughout the City as specified in the Kiosk Sign Plan.
b) Construction. All kiosks shall be constructed or cause to be
constructed by the designated sign program administrator in
accordance with the design in the Kiosk Sign Plan. There shall be
no additions, tag signs, streamers, devices, display boards, or
appurtenances added to the approved kiosk structure.
c) Installation. All structures shall be installed consistent with the
Kiosk Sign Plan so no hazard to pedestrian or vehicular traffic will
result.
d) The location and number of directional signs approved for each
eligible user shall be detennined by the size and location of the
subdivision or master plan community, and the demand for and
availability of space on each kiosk. Signs shall not be approved on .
kiosk structures which have no available space on the date the sign
is requested.
e) Each kiosk will have the "City of Chula Vista" displayed in a
prominent location on the sign.
6. Signs. Prior to construction and installation of directional signs on kiosk
structures, the designated sign program administrator shall receive Planning and
Building Director approval of directional signs to ensure compliance with the Sign
Kiosk Plan and the following provisions:
a. Community directional signs are exempt from the sign permitting process found
elsewhere in this code when such structures are processed in accordance with
this section and are in compliance with the Sign Kiosk Plan.
b. Ail community directional signs shall be located on an approved community
directional kiosk.
.Jh1 --y
t-9'
Page 5
Ordinance No.
c. Users eligible to display community directional signage on approved kiosk
structures shaIl be limited to master planned communities or residential
subdivisions exceeding 20 lots which are not part of a master planned
community .
d. No approval shaIl be given for directional panels on any kiosk structure if the
applicant has any prohibited off site signs advertising the subdivision or master
plan community anywhere within the City. If any advertising signs are erected
and not promptly removed upon demand by the City, the City shall direct the
administrator to remove all kiosk panels for that subdivision and shall require
that any agreement between the administrator and developer be canceled. Any
developer whose community or subdivision panels are removed due to failure
to comply with the terms of this section shall be prohibited from utilizing the
community directional kiosk program for a minimum of six months.
e. ApJ'roved directional si~s for residential subdivisions shall be permitted for
a s.pecified period of time as described in the si~n plan.
f. The location, number of signs, number of panels, design, color, copy,
lettering, spacing, area and dimension of the signs and panels shall be specified
within the Sign Kiosk Plan.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
~-~n~~~
Jo M. Kaheny If?
City Attorney
H: \SHARED\PLANNING\KISOKORD. COM
..--::::..
~//f' ?
G-s
COUNCIL AGENDA STATEMENT
Item 1-
Meeting Date 02116/99
ITEM TITLE: RESOLUTION: Establishing A Capital Improvement Project (GG167) For
Renovating Areas Throughout The Civic Center Complex
In the Amount of $425,000 and Reallocating $30,000 To
The City Administration Budget For Costs Incurred For The
Renovation Of The City Manager's Office And Approving The Fund
Reallocations And Appropriations Detailed Herein
hi
SUBMITTED BY: City Man-a~;
(4/5ths Vote: Yes]LNo---1
BACKGROUND:
In response to budgetary constraints over the past several years, the City deferred renovating
City Hall and other Civic Center buildings. This policy enabled the City to survive the economic
downturn and the state take-aways without undergoing the painful layoffs experienced by other
jurisdictions. Well, as the old television commercial once stated: "You can pay me now or pay me
later". This report outlines an expenditure plan that will begin to address the City's deferred
building needs.
RECOMMENDATION: It is recommended, as detailed in Attachment 1, that the City Council:
A. Reallocate $425,000 to establish a Capital Improvement Project (GG167) for renovating
various areas in the Civic Center Complex. These expenditures are needed to extend the
service life of the Civic Center Complex; and
B. Reallocate $30,000 to various accounts in the City Administration budget for expenditures
already incurred in the renovation of the City Manager's Office.
It is proposed that the required project funds be reallocated/appropriated as follows:
. Reallocate $238,052 in Unexpended RCT Funds From Completed CIPs or CIPs where RCT
funds can be readily replaced with other restricted funds
. Reallocate $101,360 in Unexpended General Fund Capital Outlay (GFCapOut) Funds from
Completed CIPs or CIPs where GFCapOut funds can be readily replaced with other restricted
funds
. Appropriate $50,000 in unanticipated revenues from the RCT Fund
. Appropriate $47,068 from the Public Facilities Development Impact Fee Fund to the General
Fund (this represents City credits for past expenditures which should have been paid for by
the PFDIF) and appropriate said funds to CIP GG167
. Reallocate $18,520 in various CIP and operating accounts
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
7-(
Page 2, Item I
Meeting Date 02116/99
DISCUSSION:
Establishina a Mid-Year CIP
Over time, Chula Vista has taken various steps to upgrade and renovate City buildings.
Presently, City Hall contains asbestos, which should be removed. It is estimated that the removal
and all work associated therewith will cost $250,000-$300,000. This cost will be borne in part with
the $288,052 in RCT funds which are recommended for reallocation ($238,052) and new
appropriation ($50,000).
Additionally, it is important for the City to project a positive and progressive City image. Upon
entering City Hall, however, a visitor is faced with a different image of our City: fraying and torn
carpets, stained ceiling tiles, missing light fixtures, broken heating and ventilation systems, and
worn furnishings. The most beautiful logos, brochures and web pages cannot compete with this
reality - the first impression we make should reflect the cutting-edge City we are becoming.
Lastly, some employees are presently without the basic implements needed to perform
productively-City engineers, for example, do not have desk lamps on their drafting tables or map
boxes in their work areas.
City staff have conducted a preliminary assessment of building needs. As previously noted,
$250,000-$300,000 is associated with the removal of asbestos and associated costs thereof in
City Hall. These costs will be generally covered by the reallocation/appropriation of RCT funds in
the amount of $288,052. Additional needs identified include $24,500 for upgrading the lighting in
the Council Chambers and approximately $50,500 for various equipment items and minor
remodeling. Other general refurbishing is expected to add $20,000-70,000. These costs will
generally be covered by the reallocation of General Fund Capital Outlay funds. All of the
proposed renovations are necessary to extend the useful life of the Civic Center Complex.
It is important to note two things:
. While this CIP will cover a significant amount of the most critical needs, it is unlikely to cover
all needs. It may therefore be necessary to return for funding to correct as yet unidentified
problems as part of the FY 1999-2000 budget.
. The rapid growth recently experienced by the City has resulted in severe space problems in
all Civic Center departments. City staff will be returning to Council to appropriate funds for a
space consultant, as part of the update of the City's Civic Center Master Plan. Because these
needs are growth induced, both the planning and remodeling costs associated with expanding
space for the Civic Center departments will be paid for by funds from the Public Facilities
Development Impact Fee (PFDIF) program.
7-~
Page 3, Item 1
Meeting Date 02/16/99
Reallocatina $30.000 To The City Administration ODeratina Budaet
The City Manager's offices were in critical and immediate need of refurbishing and repair. To meet
these needs, funds totaling $30,000 were transferred from other accounts in the department's FY
1998/99 budget. General Fund Capital Outlay funds will be reallocated as follows:
$15,205 to account #0210-5105
$ 2,460 to account #021 0-5201
$ 1,318 to account #0210-5301
$ 6,390 to account #0210-5566
$ 4.627 to account #0730-5566
$30,000
Hourly Wages
Professional Services
Office Supplies
Office Equipment
Non-Departmental Office Equipment
FISCAL IMPACT: Funding the CIP and for the City Administration Department will total $455,000.
The source of the required funds are detailed in Attachment 1.
1-3
Attachment 1 - Breakdown Of Proposed Fund Reallocations
Project # Project $'s Fund Comments
DR121 Rienstra Pk $ 12,725.97 RCT Replace RCT with Storm Drain Funds from DR908 ($5,725.97)
Drainage and DR140 ($7,000). In turn, replace Storm Drain Funds from
Channel DR908 with CDBG funds ($5,725.97) from PR162
DR908 Drainage $ 7,296.27 RCT Replace RCT with CDBG funds from PR143 ($7,153.12) and
Improvemts PR162 ($143.15)
DR908 Drainage $ 32,604.22 RCT Replace YTD RCT expenditures with CDBG funds from RD204
Improvemts ($28,925), PR162 ($3,140.29), PR163 ($264.93)
GG143 Budnet SVs $ 726.17 RCT
GG147 Reroof PSB $ 1,209.46 RCT
GG155 Nature Ctr $ 5,000.00 RCT
GG129 Records $ 32,042.00 RCT Replace with PFDIF-RMS based on updated PFDIF project
M9mt Sys share of $158,502
GG129 Records $ 62,233.29 RCT Replace with SPCSEWER funds. In turn, increase the DIFGIS
Mgmt Sys share on GG104 by $62,233.29 and credit SPCSWER with a
like amount on the same project-the $62,233.29 represents a
portion of the updated PFDIF project share on GG104. The
total PFDIF share on GG104 increases by $104,439 ($978,304
total share)-the remainder of the $42,531.71 PFDIF increase
($104,439-$ 62,233.29) will be reallocated as follows: eliminate
the $30,000 obligation for RDA TCI and reduce the RDAOT A Y
obligation from $15,000 to $2,794.29
PR223 Parkway $ 77,200.00 RCT Replace RCT with PAD funds from PR136
Pool Resurf
PS144 PD Renov $ 1,064.86 RCT
STM330 Sidewalk $ 5,949.76 RCT
Repair
$238,052.00 RCT
DR132 Drainage: $ 3,468.66 GFCapOut Replace GFCapOut with Storm Drain funds from DR908, which
Golf Course in turn will be replaced with CDBG funds from PR143
($3,426.07) and PR162 ($42.59).
GG149 HVAC $ 7,398.57 GFCapOut
Retrofit
PR217 Golf $ 11,482.80 GFCapOut
Course
Fence
RD215 Paint Pit $ 79,010.12 GFCapOut
$101,360.15 GFCapOut
GG149 HVAC $ 12,114.00 Lease Purch
Retrofit
225-2250 $ 5,750.00 Sewer Various operating accounts-for sewer engineering related
equipment
STM319 Otay Valley $ 4,095.00 Transnet For street engineering related equipment
RD-Phase 3
850-8502 $ 8,675.00 PFDIF-CivCtr For minor space remodeling and equipment items for new staff
$ 18,520.00
850-850? $ 47,068.00 PFDIF-PD Repayment for City start-up costs incurred in FY 93/94 which
were budaeted as PFDIF but not reimbursed
RCT $ 50,000.00 RCT Unanticipated revenues
Fund
$455,000.00
7-+
;:r?
REVISED 2-12-99"
Attachment 1 - Breakdown Of Proposed Fund Reallocations
Project # Project $'s Fund Comments
DR121 Rienstra Pk $ 12,725.97 RCT Replace RCT with Storm Drain Funds from DR908 ($5,725.97)
Drainage and DR140 ($7,000). In turn, replace Storm Drain Funds from
Channei DR908 with CDBG funds ($5,725.97) from PR162
DR908 Drainage $ 7,296.27 RCT Replace RCTwith CDBG funds from PR143 ($7,153.12) and
Improvemts PR140 ($143.15)
DR908 Drainage $ 30,942.23 RCT Replace YTD RCT expenditures with CDBG funds from RD204
I mprovemts ($28,924.72) and PR162 ($2,017.51)
GG143 Budget Sys $ 726,17 RCT Project completed, funds not used
GG147 Reroof PSB $ 1 ,209.46 RCT Project completed, funds not used
GG155 Nature Ctr $ 5,000.00 RCT Project completed; funds not used
GG129 Records $ 32,042.00 RCT Replace with PFDIF-RMS based on updated PFDIF project
Mgmt Sys share of $158,502
GG129 Records $ 63,611.65 RCT Replace $63,611 ,65 in RCT with SPCSEWER funds. In turn,
Mgmt Sys increase the DIFGIS share on GG104 by $63,611.65 and ~
SPCSWER with a like amount on the same project-the
$63,611.65 represents a portion of the updated PFDIF project
share on GG104. The total PFDIF share on GG104 increases
by $104,439 ($978,304 total share)-the remainder of the
PFDIF increase is $40,827.35 ($104,439-$ 63,611.65) and will
be reallocated as follows: eliminate the $30,000 obligation for
RDA TCI and reduce the RDAOT A Y obligation from $15,000 to
$4,172.65
PR223 Parkway $ 77,200.00 RCT Replace RCT with PAD funds from PR136
Pool Resurf
PS144 PO Renov $ 1,064,86 RCT Project completed, funds not used
STM330 Sidewalk $ 5,949.76 RCT Project completed, funds not used
Repair
$237,768.37 RCT
DR132 Drainage: $ 3,426.07 GFCapOut Replace GFCapOut with Storm Drain funds from DR908, which
Golf Course in turn will be replaced with CDBG funds from PR163
($3,426.07)
GG149 HVAC $ 7,398.57 GFCapOut Project completed, funds not used
Retrofit
LB109 Book Purch $ 326,08 GFCapOut Project completed, funds not used
Otay Lib
PR217 Golf $ 11,482.80 GFCapOut Project deferred.
Course
Fence
RD215 Paint Pit $ 79,010.12 GFCapOut Project completed, funds not used
$101,643.64 GFCapOut
GG149 HVAC $ 12,114.00 Lease Purch Project completed, funds not used
Retrofit
225-2250 $ 5,750.00 Sewer Various operating accounts-for sewer engineering related
equipment
STM319 Otay Valley $ 4,095.00 Transnet For street engineering related equipment
RD-Phase 3
850-8502 $ 8,675.00 PFDIF-CivCtr For minor space remodeling and equipment items for new staff
$ 18,520.00
850-8503 $ 47,068.00 PFDIF-PD Repayment for City start-up costs incurred in FY 93/94 which
were budgeted as PFDIF but not reimbursed
RCT $ 50,000,00 RCT Unanticipated revenues
Fund
$455,000.00
7-1
RESOLUTION NO. 19361
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A CAPITAL IMPROVEMENT PROJECT (GG167) FOR
RENOVATING AREAS THROUGHOUT THE CIVIC CENTER COMPLEX IN THE
AMOUNT OF $425,000 AND REALLOCATING $30,000 TO THE CITY
ADMINISTRATION BUDGET FOR COSTS INCURRED FOR THE RENOVATION
OF THE CITY MANAGER'S OFFICE AND APPROVING THE FUND
REALLOCATIONS AND APPROPRIATIONS DETAILED HEREIN
WHEREAS, in response to budgetary constraints over the past
several years, the City deferred maintenance in City Hall and
other civic Center buildings; and
WHEREAS, City staff has conducted a preliminary assessment of
maintenance and rudimentary equipment needs; and
WHEREAS, approximately $250,000 to $300,000 is required for
the removal of asbestos and associated repairs to City Hall; and
WHEREAS, additional funds are required for the general
refurbishing of City Hall in order to extend the useful life of
the Civic Center complex.
NOW, THEREFORE, BE IT RESOLVED that the city Council of the
city of Chula Vista does establish a Capital Improvement project
(GG167) for refurbishing areas throughout the Civic Center complex
in the amount of $425,000.
BE IT FURTHER RESOLVED that $30,000 is reallocated to various
accounts in the Administration budget for expenditures already
incurred in the renovation of the City Manager's office.
BE IT FURTHER RESOLVED that the required project funds be
reallocated/appropriated as follows and as set forth in detail in
Attachment 1:
1. Realloocate $238,052 in Unexpended RCT Funds from
completed CIPs or CIPs where RCT funds can be readily
replaced with other restricted funds.
2. Reallocate $101,360 in unexpended GFCapOut Funds from
completed CIPs or CIPs where GFCapOut funds can be
readily replaced with other restricted funds.
3. Appropriate $50,000 in RCT Funds from current fund
balances.
~~
4. Appropriate $47,068 from the Public Facilities
Development Impact Fee Fund to the General Fund and
appropriate said funds to CIP GG167.
5. Reallocate $18,520 in various CIP and operating
accounts.
Presented by
Approved as to form by
orney
David Rowlands, city
Manager
H:\home\lorraine\rs\appropriation.civiccenter
1-0
Item:
Meeting Date: 02/16/99
~
COUNCIL AGENDA STATEMENT
REVIEWED BY:
RESOLUTION 19 ;Ji,,2 AMENDING THE 1998-99
BUDGET TO ADD 1.0 FTE POLICE AGENT POSITION
AND APPROPRIATE $94,051 FOR SALARIES, BENEFITS
AND EQUIPMENT ASSOCIATED WITH THE POSITION
FROM UNANTICIPATED HIDTA GRANT REVENUES.
Chief of POliCn~ ~
City Manage~ ~ --7
(4/5ths Vote: Yes lL No_)
ITEM TITLE:
SUBMITTED BY:
At its Council meeting of June 23, 1998, via Resolution 19069, the City Council
approved the addition of 1.0 FTE Police Agent position assigned to the High Intensity
Drug Trafficking Area (HIDTA) grant initiative. The position was to be added to the
1998-99 Budget; but, was inadvertently omitted from the budget. The Police
Department is seeking to correct the position count by adding the 1.0 FTE Police Agent
previously approved by Council.
RECOMMENDATION: That the City Council amend the 1998-99 Budget to add 1.0
FTE Police Agent and appropriate $94,051 for salaries and benefits and equipment
associated with the position from unanticipated HIDTA grant revenues.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Police Department currently has a total of 50 authorized Police Agent positions.
Forty-nine of the 50 positions are currently reflected in our FY 98-99 Budget. One
position was inadvertently left out of the budget. The Police Department added this
position during the last Council meeting of the fiscal year, which was parallel to the
adoption of the FY 98-99 Budget. Accounting staff assumed that the position would be
added to the budget via the 98-99 budget process and only recorded the acceptance
and appropriation of the unanticipated grant revenues from the High Intensity Drug
Trafficking Area (HIDTA)
The omission was recently confirmed. The Police Department is requesting that the City
Council add 1.0 FTE Police Agent position and associated salaries and benefits in order
to correct the 1998-99 Budget.
FISCAL IMPACT: There is no net General Fund cost. HIDTA has been reimbursing
the City for the Agent's salary, benefits, overtime, vehicle and cell phone purchase and
~~/
Page 2, Item
Meeting Date: 02/16/99
associated maintenance costs. Future participation in the program and funding of
position will be subject to Federal budget deliberations. As such, this position will be
added subject to the continued funding from HIDTA or other sources. A total of $94,051
needs to be added to the Police Budget account 100-1093 for expenditures associated
with this position. (See attachment B)
The corresponding revenues have already been included in the FY 1998-99 Budget.
Attachment A - Resolution 19069 & Agenda Statement
Attachment B - Budget Detail
IICVPDlSYSIUSRIADMI NISCSIA 113SIAGENTPOS.DOC
sr~ ;2
RESOLUTION NO.
/tJ-3? ;L
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FY 98-99 BUDGET TO ADD 1.0 FTE POLICE AGENT
POSITION AND APPROPRIATE $94,051 FOR SALARIES, BENEFITS AND
EQUIPMENT ASSOCIATED WITH THE POSITION FROM UNANTICIPATED
HIDTA GRANT REVENUES
WHEREAS, at its Council meeting of June 23, 1998, the City
Council approved the addition of 1.0 FTE Police Agent position
assigned to the High Intensity Drug Trafficking Area (HIDTA)
grant; and
WHEREAS, the position was to be added to the 1998-99 budget,
but was inadvertently omitted from the budget and the Police
Department is seeking to correct the position count by adding 1.0
FTE Police Agent previously approved by Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
city of Chula Vista does hereby amend the FY 98-99 budget to add
1.0 FTE Police Agent position.
BE IT FURTHER RESOLVED that the amount of $94,051 is hereby
appropriated for salaries and benefits and equipment associated
with the position from unanticipated HIDTA grant revenues.
Presented by
Approved as to form by
Richard P. Emerson,
Chief of Police
~~~-
John M. Kaheny, city Attorney
H:\home\lorraine\rs\HIDTA.AGENT
?/J
ATTACHMENT A
COUNCIL AGENDA STATEMENT
ITEM TITLE:
ITEM 4
g MEETING DATE 6/23/98
A. Resolution IqtJ~ Appropriating estimated FY ~7-98 asset seizure
revenues for the purchase of an undercover vehicle in the amount
of $19,000.
B. Resolution /qObC:;Adding 1.00 FTE Police Agent position to the FY
1998-99 Budget; accepting and appropriating unanticipated grant
revenues in the amount of $94,051 from High Intensity Drug Trafficking
Area (HIDTA) Grant Funds.
() .
SUBMITTED BY: Chief of Police Vp........ /\J ~
REVIEWED BY: City Manager v\Z ~ 1:J~}\4/5THS VOTE: YES X N~ )
The Chula Vista Police Department has three separate narcotics related initiatives that are
funded through High Intensity Drug Trafficking Area (HIDTA) grants. The Chula Vista Police
Department is seeking to expand and enhance its investigative efforts by adding one agent to
the HIDTA grant initiative.
RECOMMENDATION:
That the City Council:
A. Approve a one time expenditure in the amount of $19,000 for the purchase of an undercover
vehicle. It is recommended that this expenditure come from estimated asset seizure funds in
the FY 97-98.
B. Accept and appropriate $94,051 in HIDTA grant funds to the FY 1998-99 budget to include
1.00 FTE Police Agent including salary and benefits and associated overtime, equipment,
cellular phone, as well as maintenance costs associated with the equipment.
BOARDS/COMMISSION RECOMMENDATION: N/A
?f4 ~~t('
PAGE 2, ITEM-.d
MEETING DATE 6-23-98
DISCUSSION:
The funding through High Intensity Drug Trafficking Area Grants is aimed at developing multi-
jurisdictional. cooperative strategies to:
Gather intelligence on drug traffickers
Investigate drug trafficking activities
Arrest persons involved with illegal drug trafficking
Successfully prosecute those arrested
San Diego and Imperial Counties have been designated as High Intensity Drug Trafficking Areas.
due to the volume of illegal narcotics entering the United States through the international border
frontier.
The HiDTA grant will pay for the cost of one full time Police Agent Position and Benefits at
$76.000. Overtime in the amount of $8.000; Cellular Phone. Portable Radio. other
miscellaneous equipment and associated maintenance costs in the Amount of $9.551.
Continued funding of this position and related expenses will be subject to Federal Budget
deliberations.
For the past several years the Chula Vista Police Department (CVPD) has enjoyed an
exceptionally productive working relationship with several federal agencies. These agencies
have been the departments counterparts in a variety of investigations. including money
laundering. homicides. kidnaping and major drug investigations. One goal of the Police
Department is to help disrupt the illegal drug activities occurring along the southwest United
States/Mexican border within the county of San Diego. giving primary attention to the cases
involving the City of Chula Vista.
Our participation has significantly increased arrests. narcotics and money seizures among large
scale drug traffickers. including several who lived in Chula Vista.
For example, an investigation involving the Chula Vista Police Department Narcotics
Enforcement Team (NET). was aimed at dismantling an organization responsible for smuggling
multi-ton quantities of marijuana into the United States. CVPD narcotics detectives played a
lead role in this investigation that lasted nearly eight months and culminated with the indictments
of twenty-five individuals. A majority of those indicted were one time Chula Vista residents.
Another investigation led by a Chula Vista Police detective working within a HIDTA funded
position led to the arrest and conviction of a major marijuana trafficker who lived in Chula Vista.
In addition to the hundreds of pounds of marijuana seized from this violator, the CVPD HIDTA
representative was able to seize approximately $200.000 in cash from illegal drug proceeds.
~
?5~ 5
PAGE 3, ITEM 1
MEETING DATE 6-23-98
These are just two examples of several similar successful investigations. Other benefits of our
participation have included enhanced communication, cooperation, and intelligence networking
with other local, state, and federal agencies.
FISCAL IMPACT:
Funding from HIDTA will offset the costs associated with having one additional police Agent.
HIDTA will specifically reimburse the Agent's salary, benefits, overtime, vehicle and cell phone
purchase and associated maintenance costs. Continued participation in the program and
funding of the Position will be subject to Federal Budget deliberations. As such this position will
be added subject to continued funding from HIDTA or other sources.
The vehicle purchase of an undercover vehicle will cost approximately $19,000 to be
appropriated from the FY 98-99 revenues of the Asset Seizure Fund.
C:\MyFiles\A 113's1HIDT A fed A 113 2.wpd
.~
~-"
RESOLUTION NO. / qofc 'I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING ESTIMATED FY 97-98
ASSET SEIZURE REVENUES FOR THE PURCHASE OF fu~
UNDERCOVER VEHICLE IN THE AMOUNT OF $19,000
WHEREAS, in connection with the High Intensity Drug
Trafficking Area Grant, staff recommends a one time expenditure in
the amount of $19,000 for the purchase of an undercover vehicle;
nand
WHEREAS, it is recommended that this expenditure come
from estimated asset seizure funds in FY 97-98.
NOW, THEREFORE, BE IT RESOLVED the City Council of the_"
City of Chula Vista does hereby appropriate estimated FY 97-98
assets seizure revenues for the purchase of an undercover vehicle
in the amount of $19,000.
Presented by
Approved as to form by
rney
Richard P. Emerson, Chief of
Police
C:\::s\hid:a 2
44 C;S//
RESOLUTION NO.
,Qob9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADDING 1.00 FTE POLICE AGENT
POSITION TO THE FY 1998-99 BUDGET; ACCEPTING
AND APPROPRIATING GRANT REVENUES IN THE AMOUNT
OF $94,051 FROM HIGH INTENSITY DRUG
TRAFFICKING AREA (HIDTA) GRANT FUNDS
WHEREAS, the Chula Vista Police Department has three
separate narcotics related initiatives that are funded through High
Intensity Drug Trafficking Area (HIDTA) grants; and
WHEREAS, the Chula Vista Police Department is seeking to
expand and enhance its investigative efforts by adding one agent to
the HIDTA grant initiative.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby add 1.00 FTE Police Agent position
to the FY 1998-99 Budget.
BE IT FURTHER RESOLVED that the City of Chula Vista does
hereby accept and appropriate unanticipated grant revenues in the
amount of $94,051 from High Intensity Drug Trafficking Area Grant
Funds.
Presented by
Approved as to form by
Richard P. Emerson, Chief of
Police
~
/
,
ney
C; \r-s\hidt.a.2
.~ $Sr!5
. ATTACHMENT 8
1093 MAJOR TRAFFICKERS
OBJECT ACCOUNT PROPOSED USE COST
5101 Salary $56,500
5141 - 5144 Benefits 20,000
5103 . Overtime 8,000
5252 Phone 1,200
5269 . Vehicle, Maintenance/Fuel 2,160
5568 Equipment 6,191
Total Expenditure Budget $94,051
Corresponding Revenue Account - 5645
{F:\usr\admin\scs\document\majbud.doc]
~ ?'7
COUNCIL AGENDA STATEMENT
Item:L
Meeting Date: 02/16/99
SUBMITTED BY:
RESOLUTION J 9 :) ~ 3 AMENDING THE FY 98-99
BUDGET TO UPGRADE THE PART-TIME
ADMINISTRATIVE OFFICE SPECIALIST APPROVED BY
COUNCIL RESOLUTION 19285 TO A FULL-TIME
EQUIVALENT POSITION (FTE).
Chief of Police ev/
City Manager~
(4/5ths Vote: Yes _ No---X-)
ITEM TITLE:
REVIEWED BY:
At its Council meeting of December 8, 1998, the City Council approved Council
Resolution 19285 implementing the Office of Traffic Safety Serious Traffic Offenders'
Program (STOP). Included in the program was the funding of three positions: one
Agent, one Officer and a part-time Administrative Office Specialist. On January 28, the
Police Department staff met with the Office of Traffic Safety to review funding and
reporting requirements approved by the State for this program. At that time the
department was advised that the part-time Admin Office Specialist had been fully
funded by the State and should have been budgeted as a 1.0 FTE position. Staff is
recommending correction to the FY 98-99 Budget. The associated revenues are
currently reflected in our budget. Additionally, sufficient funds were appropriated to pay
the salaries and benefits associated with this position. As a result, only the position
count needs to be adjusted.
RECOMMENDATION: That Council approve the resolution to amend the FY 98-99
Budget to increase the .5 Administrative Office Specialist to a 1.0 FTE position.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
FISCAL IMPACT: There is no net fiscal impact associated with increasing the .5
Administrative Office Specialist to 1.0 FTE as reflected in the OTS STOP Grant
Program. The salaries and benefits associated with the position are to be reimbursed
from the OTS. The associated unanticipated revenues have been added to the FY 98-
99 Budget per Council Resolution 19285.
F:\USRIADMIN\SCSIA113SIAOSFTE.doc
9//
/5:Jj,3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FY 98-99 BUDGET TO UPGRADE THE PART-TIME
ADMINISTRATIVE OFFICE SPECIALIST APPROVED BY COUNCIL
RESOLUTION 19285 TO A FULL-TIME EQUIVALENT POSITION (FTE)
WHEREAS, at its council meeting of December 8, 1998, the City
council approved Council Resolution 19285 implementing the Office
of Traffic Safety Serious Traffic Offenders' Program (STOP); and
WHEREAS, included in the program was the funding of three
positions: one Agent, one Officer and a part-time Administrative
Office specialist; and
WHEREAS, on January 28, 1999 the Police Department staff met
with the Office of Traffic Safety to review funding and reporting
requirements approved by the State for this program; and
WHEREAS, at that time the department was advised that the
part-time Administrative Office Specialist had been fully funded
by the State and should have been budgeted as a 1.0 FTE position
and staff is recommending correction to the FY 98-99 budget; and
WHEREAS, the associated revenues are currently reflected in
the budget and sufficient funds were appropriated to pay the
salaries and benefits associated with the position and as a result
only the position count needs to be adjusted.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula vista does hereby amend the FY 98-99 budget to
increase the .5 Administrative Office Specialist approved by
Council Resolution 19285 to a 1.0 full-time equivalent position.
Presented by
Approved as to form by
(L rvtB~~ 1~
John M. Kaheny, City Attorney
Richard P. Emerson,
Chief of Police
H:\home\lorraine\rs\police.aos
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Date Februarv 16. 1999
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COUNCIL AGENDA STATEMENT
A Resolution )9'3? tfaccepting $300,000 in grant funds from the
California Energy Commission (CEC), authorizing the Mayor to execute
CEC contract for $300,000 in grant funding.
Resolution Jji'3?.s;ppropriating $292,550 in unanticipated grant
revenue, and authorizing the Mayor to execute a contract for $292,550
with Metallic Power Incorporated to develop an advanced fuel cell vehicle
pursuant to the CEC grant on the City's standard Two-party Agreement
TITLE:
Resolution)93' (, ~appropriating $7,450 to the energy conservation
Fund and amending the FY 98-99 budget for a.l6 part-time Temporary
Intern II pursuant and consultant to the CEC grant.
SUBMITTED BY: Barbara Bamberger, Environmental Resource M a~
c
REVIEWED BY: David E. Rowlands Jr., City Manager te: Yes..x. No_)
In November of 1997, the Governor approved legislation to provide a local company working in
the fuel cell industry $300,000 in state Petroleum Violation Escrow account monies. These
funds were specifically legislated for the sole purpose of sponsoring a zinc air fuel cell
research/development project. Staff has been working with Metallic Power, the fuel cell
developer to secure state and private funds to complete the project. Phase I and Phase II have
been completed. This action approves a contract with the California Energy Commission and
provide authority to Metallic Power to begin Phase III. A zinc air vehicle will be demonstrated
in Chula Vista as a result of this project. Additional funding has been secured for staff costs and
related energy projects. Once both contracts are approved by Council, staffwill act as the link
between the California Energy Commission and Metallic Power. Per direction by Council to
promote environmental businesses, to "incubate" new environmental technologies with future
promise for commercialization and growth, and to develop a comprehensive energy conservation
program, the zinc/air fuel cell is an exciting project which the City can assist by passing through
funds legislated for this purpose to a local business. In return, the City may benefit in the future
if/when the product is successful and commercialized.
RECOMMENDATION: Approve resolutions:
I) accepting $300,000 in grant funds from the California Energy Commission (CEC),
2) authorizing the Mayor to execute $300,000 CEC contract and appropriating funds
therefor to the Energy Conservation Fund, account 280-2811, in accordance with Table I.
3) authorizing the Mayor to execute contract for $292,550 with Metallic Power to develop
an advanced zinc air battery for electric vehicles.
4) amending the FY 98-99 budget for a .16 part time Temporary Intern II and consultant for
public relations, appropriating funds to the Energy Conservation Fund Program, Table I.
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Page 2, Item
Date February 16. 1999
DISCUSSION:
As part of the City's overall effort toward development of the environmental technology industry,
and as part of the City's goal oftesting new vehicle technologies, the City approached its
legislative delegation to fund the development of a fuel cell research and development project
through Petroleum Violation Escrow Account (PVEA) funds. PVEA was established as a result
of a federal lawsuit against the oil industry in the 1970s. This suit charged the oil industry with
unnecessary overcharges against consumers. The Federal Government won the case and funds
were recovered, placed into an escrow account and distributed to the states. PVEA funds
projects aimed at reducing energy consumption and providing air quality benefits to consumers
affected by oil overcharge in the 1970s.
Senate Bill 368, Chapter 659 of 1997 included legislatively mandated projects from PVEA
which will be funded through the California Energy Commission as grants, one of which is the
City's $300,000 metal/air fuel cell research and development project. This project will result in
the development and demonstration of a fuel cell vehicle engine, powered by metal (zinc) which
is converted to energy. Funds have been allocated to the City to be passed along to Metallic
Power Incorporated, the company developing the technology. This is the third phase of a three
phase research and development project.
BACKGROUND
In the interest of attaining Federal clean-air standards, The City of Chula Vista encourages and
supports the development and use of electric vehicles (EV s) in California. The California Air
Resources Board (ARB) has adopted regulations requiring ten percent ofthe passenger cars sold
in California beginning in 2003 be zero-emission vehicles (ZEVs). EVs are presently the only
vehicles known to comply with the ARB's ZEV mandate.
It is not feasible at present for the City of Chula Vista to replace its entire fleet of vehicles with
non-polluting ZEVs, due at least in part to the short range, long recharge time, and high life cycle
cost of presently available EV s. These undesirable traits result from the performance and cycle
life limitations of the electrically rechargeable (secondary) batteries presently used to power EVs.
If a sufficiently superior on-board energy source could be developed for EV s, the City of Chula
Vista could consider replacing some of its fleet with non-polluting ZEV s. An alternative source
of on-board energy with the potential for such performance is the zinc/air fuel cell (or battery).
Zinc/air systems with ten times the specific energy ofleadlacid batteries have been demonstrated.
The zinc/air fuel cell can, in principle, be safely refueled in several minutes with hundreds of
kilowatt-hours of energy in the form of inexpensive zinc or zinc pellets.
What is a metal/air fuel cell?
A fuel cell is an "electric engine" which utilizes the metal zinc, in a pelletized form, to produce
power for a vehicle or another application. Fuel cells offer the potential to replace internal
combustion engines in transportation applications and have already been used as power sources
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Page 3, Item
Date Februarv 16. 1999
in spacecraft and stationary power units. A metal air fuel cell generates electricity through the
following method: inexpensive zinc pellets are dropped into a storage container on-board the
vehicle, the pellets are then fed into a container filled with a chemical, or electrolyte, which
reacts electrochemically with the aluminum. This reaction produces electricity to power the
vehicle, generator, etc. The by-product, which is a powder produced from this process, is filtered
into a replaceable cartridge (similar to an ink cartridge in a copy machine) and can be removed
when the metal is spent. This byproduct is recyclable. Different chemicals are being tested for
reactivity .
Energy Savings and Benefits
The initial market for the zinc air fuel cell power source is California fleet users, and small
appliances that depend on mobile power, such as lawn mowers, power generators for military
applications, and the like. The technology could be commercialized within 5 years. Potential
sales of up to 10,000 air fuel cell powered vehicles annually, which would produce substantial
annual energy savings. Commercialization will not be realized during the course of this project,
because the technology is still being refined, and it must go from the research and development
stage to final commercialization stage, at which time this project should be complete. However,
if the research and development of this power source is successful, it could easily meet the
targeted energy savings identified by the California Energy Commission of 840 billion Btu.
Advantages of a zinc air fuel cell includes:
. Extended range compared to battery powered vehicles
. emits no pollutants when consumed
. displaces petroleum consumption - reduced dependence on one fuel source and foreign
oil
. has a high energy density
. is nonflammable and nontoxic
. is abundant and recyclable
Phases of Demonstration Project
Metallic Power is a spin-off company of Science Application International Corporation (SAle).
SAIC is a national corporation that performs research and development on alternative fuel
vehicle components. As part of the City's overall effort toward development of an energy
conservation program, this project carries out one of the measures in the City's CO, Plan, which
calls for fuel cell demonstration projects. Staff has worked with the State Energy Commission
and Metallic Power to oversee this project through the completion of the first two phases.
In Phase I, SAIC undertook a fuel cell development project to demonstrate the feasibility of
manufacturing useful products based on metal air fuel cell technology. The goal of the first
phase was to demonstrate--in the laboratory --the operation of a fuel cell using inexpensive metal
(aluminum or zinc) pellets. Planned later phases included the construction of a power source and
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Page 4, Item
Date Februarv 16. 1999
the use of this source in products such as portable generators, lawn mowers, small battery
applications, eventually leading to the development of an electric pick -up truck powered with
this technology. Phase I was successfully completed and finished with the demonstration of a
single 55 watt zinc-air battery cell. The cell was recharged with pellets of inexpensive zinc in the
laboratory and met its design goal of demonstrating sufficient power and energy to power a small
pickup truck 300 miles when used in conjunction with a smallleadlacid battery.
Phase II refined the power source to create a second and third generation fuel cell and assembled
it into a 12 stack module that produced 1,000 watts. Due to additional technical needs to further
refine the fuel cell, the power source was not advanced enough to be used in a vehicle
application; thus the vehicle demonstration planned for Phase II was postponed until the third
phase.
The current phase, known as Phase III, will demonstrate a small pickup powered by the zinc fuel
cell developed in Phase I & II. Phase III will apply the results of phases I and II to produce and
install a 120 kW propulsion system in a pick-up truck and demonstrate the truck. The fuel cell
will be potentially rechargeable in 10-15 minutes and will give the truck a range of 300 miles.
The purpose of this program is to enable a zero-emission vehicle to ultimately be reproduced for
fleet use and to assist Metallic Power, one of the City's 'graduate' BECA companies in their
efforts to develop a commercial product. Metallic Power, Inc. was formed in Chula Vista for the
purpose of further developing and commercializing this technology. Metallic Power agrees to
maintain its offices in the City of Chula Vista and will perform work on the vehicle in Chula
Vista for two years from the date of this contract.
The City of Chula Vista has agreed to sponsor a portion of this project for an amount of
$292,550. The City shall sponsor a portion of this project; other co-sponsors must include
funding from the private sector and the South Coast Air Quality management District. For this
final Phase, the City required Metallic Power to provide proof of private sector investment in this
project to match the cost of the City's contribution and to assure the City that the project will be
competed to its satisfaction. This approach assures private sector buy-in, support, and
participation in the development of this technology. Metallic Power will provide a certified
statement and a corporate resolution authorizing the company's investment of the required
private sector funds in the completion of phase III of the Zinc/Air development and
demonstration project.
Statement of Work
A complete statement of work for Phase III is described in Attachment 2. In short, the
contractor, Metallic Power, shall design and construct a fuel cell engine, its controls and
instrumentation, install the engine into a vehicle, test the vehicle, troubleshoot any problems that
arise from the testing, design and construct a refueling station, and demonstrate the technology
and the vehicle through a test drive from Chula Vista to Sacramento.
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Page 5, Item
Date February 16. 1999
FISCAL IMPACT:
The City will receive an additional $300,000 in grant funding to be appropriated to the Energy
Conservation Fund and budgeted in account 280-2811 for a Zinc Air Fuel Cell Research Project.
Of the total funds received, the City will contract with Metallic Power to develop, in conjunction
with CEC grant funding guidelines and to the extent that the CEC has approved such
expenditures, an advanced zinc air battery and, as described in the project's budget listed in
attachment Table I, appropriate $292,550 of the available funds for this purpose. The City will
lose $18,000 in interest earnings to the General Fund in the first year, based upon a 6%
investment rate, as a result of the City advancing funds prior to grant reimbursement. Funds will
be advanced to the extent that CEC has approved, or is likely to approve, release of the funds and
completion of the tasks.
Ofthe remaining funds, $7,450 will be amended to the FY 98-99 budget to add an Intern II
position for the Environmental Division for staffing, contract management and reporting
purposes and for hiring a consultant to assist the City in a small-scale public relations campaign
to publicize the demonstration.
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Page 6, Item
Date Februarv 16. 1999
Attachment 1
Energy Conservation Budget
280-2811
r^nl - I ,7;n~ Air I1HP] ~ ..:
- --
~n^ ~n" ,,,",
Object Item Amount
account
5105 Hourly Wages $3,000
.16lntem ($9.00/hr for up to
333 hrs)
5143 Medicare/.0145 44
5145 Retirement (Pars / .0375) 113
5201 Professional Services 292,550
Metallic Power
5221 Travel 300
5203 Contractual services 3,993
Total $300,000
Attachments:
I) Budget
2) Scope of Work
3) California Energy Commission Contract
4) Metallic Power Contract
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Page 7, Item
Date Februarv 16. 1999
ATTACHMENT 2--STATEMENT OF WORK
The CONTRACTOR shall perform the following tasks as part of an overall project to develop
and demonstrate a zero-emission vehicle with a proj .'cted range of 300 miles and recharge'
time of 15 minutes:
TASK .5:
Submit Final Specification ofvehicle and propulsion system to the CEC
Prepare and submit final specification of the vehicle and propulsion system to the l' I ty and
Commission Project Manager
Due Date:
TASK 1:
March 31, 1999
Design and construct zinc/air battery (fuel-cell) stack.
Design and Construction of Pilot Air & Electrolyte Management Systems
Due Date:
Task 2:
Due Date:
TASK 3:
December 31, 1999
Design & Construction of Vehicle Electrolyte Management System
according to specifications.
December 31",1999
Construction of Vehicle Air Management System - Design and construct
air management system according to approved specifications.
CONTRACTOR shall build and test the air management system designed in Task 3. The
system will be capable of continuously supplying carbon-dioxide-depleted air to a 20kW
zinc/air system consisting of 20 power modules similar to the SGM. The air management
system will include a soda-lime column to remove carbon dioxide from incoming nil'
CONTRACTOR shall build the air management system and test it. Carbon dioxide leveh
exiting the system will be measured as a function of humidity and temperature of the
incoming air. Measurements will be made at no fewer than five temperatures and three
humidity levels. The effectiveness of the carbon-dioxide removal system will also be
measured versus time under typical operating conditions.
Due Date:
Task 4:
December 31",1999
Design and construct zinc/air fuel cell controls and instrumentation
according to approved specifications.
CONTRACTOR will assemble. and test the zinc/air power source to be placed in the ZEV
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Page 8, Item
Date February 16. 1999
Due Date:
December 31",1999
Task 5:
Installation of zinc/Air Fuel Cell and Drivetain in Electric Vehicle
Contractor shall design, build and test the electronic interface between the zinc/air battery and
the lead/acid battery (power management device). All required drive train components will
be purchased and installed in the vehicle. The zinc/air power source will be installed in the
vehicle. Aerodynamic and other modifications to the vehicle will be made. The vehicle will
be completely integrated and prepared for testing.
Due Date:
January 31, 2,000
Task 6:
Design and Construction of refueling station
Due Date:
January 31, 2,000
Task 7:
Vehicle Testing and Troubleshooting, perform shake-down and other
relevant pre-deployment tests on zinc/air fuel cell-powered pick-up truck
Contractor shall test and prepare for long-range demonstration drives. Any problems
occurring with the vehicle will be repaired or corrected. Spare parts for critical systems will
be fabricated, and a "chase" vehicle will be outfitted for making emergency road repairs on
the vehicle during long-range tests.
Due Date: March Ist, 2,000
Task 8:
Vehicle Public Demonstration
The ZEV will be driven from Chula Vista to Sacramento (approximately 540 miles), and back
to SCAQMD headquarters in Diamond Bar, CA. Driver of the vehicle will be determined by
the team prior to Task 8b. The ZEV will be recharged in 10 minutes or less only once
between destinations. The vehicle will be field-tested by CONTRACTOR together with
personnel from the California Air Resources Board (CARB) and personnel from sponsors of
the project. Testing will be done at sites specified by CARB, SCAQMD and other sponsors.
Due Date: May 31, 2000
Task 8b:
Place vehicle in city service to continue demonstration
Place vehicle in service. Operate vehicle over a six month period in specified limited-duration
opportunity demonstrations to achieve the restitution goals, which include petroleum
displacement, alternative fuel consumption and emission reduction, for the intended
population consistent with the approved or modified versions of the Stripper Well plan.
Due date:
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Page 9, Item
Date February 16. 1999
vehicle in service October 31st, 2000
Restitution goals achieved December 31st, 2000
Task 9:
Project Management and Reporting
Contractor shall provide quarterly reports and a final report on the project. These reports shall
be prepared and submitted to all sponsors of the project. Results of the project will be
presented at annual review meetings if requested by sponsors. CONTRACTOR shall give an
oral progress review to the Council after demonstration ofthe project.
Due Date:
Quarterly Progress reports beginning contract
Final Report: 60 days before end of project term
)()-"1
TIllS PAGE BLANK
)(J //0
~limc-r-Irn erV, ~
STATE OF CALiFORNIA CALIFORNIA ENERGY COMMISSION
GRANT AGREEMENT
cee 1"6 (Rev 7/91)
This agreement is official notification of a grant award from the Califomia Energy Commission. The attachments listed below are
incorporated as part of this grant agreement.
RECIPIENT
City of Chula Vista
GRANT NUMBER
MEM-97S-040
ADDRESS
276 Fourth Avenue, Chula Vista, CA 91910
TERM
11/15/98-6/30/01
CEe PROJECT MANAGER
McKinley Addy, California Energy Commission
PHONE
(916) 657-0833
ADDRESS
1516 9th St., MS-41, Sacramento, CA 95814
PROJECT DESCRIPTION
DEVELOPMENT OF PROTOTYPE ZINC-AIR FUEL CELL ELECTRIC PICKUP TRUCK
CEC: $300,000.00
PROGRAM
Section 1 (a) (3) (R)City of Chula Vista for Development of Prototype
Zinc-Air Fuel Cell Electric Pickup
A.,\10UNT ENCUMBERED liTEM I CHAPTER
5300,000 0853002-3360-613-47 659
MATCH SHARE l,::uRPOSE OF EXPENDITURE
N/A f'B 368 Stripper Well (Plan No. 47)
TC,Al OPTIONAL USE
5300-707-53146
FUND TITLE
PVEA
STATUTE
1997
IFIS~~~~998
mylOWn personal KnOWJeage thaI tluClgeted ruMs are avaIlable for tne penod and purpose slated aoove.
/
DATE
6,:30 ~f'
CALIFORNIA ENERGY COMMISSION RECIPIENT
SIGNA7URE OF DEPUTY DIRECTOR I DATE AUTHORIZED SIGNATURE IDA'"
NAME PHONE NAME PHONE
Cynthia R. Hobson 654-5204
A TTAr::I"'H..U::NT~ TITLE
SIGNATURE OF ACCOUNTING OFFICER DATE
I. Terms and Conditions
2. Work Statement I PHONE
). Budge, NAME
4. Resolution
5. Special Conditions TInE
6. Federal OMB Circulars
GR.J-O:'7
/(J - / /
TERMS AND CONDITIONS
A WARD # MEM-97S-040
) c: -/ ~
TERMS AND CONDITIONS
TABLE OF CONTENTS
SECTION
PAGE NO.
I
GRA1'<T AGREEMENT .... ...... ... ... .................... ... ................. ............ .... ........... ............ ......... .........
2.
A TIACHI'vIE1'<TS AND REFERENCES ........ ....... ... ....... ..... .... ............. .... ............ .......... ... .... ...... ......
3.
OTHER CONDITIONS .................................................................................................................. 2
4.
DUE DlLIGENCE........................................................... .............................................................. 2
"
~.
n;1'<1)lNG SOURCES - REQlIlREMENTS AND RESTIUcrIONS ..........................................................3
Exxon Settlement .............. ......................... .... .... ......... ...... .... ..... ................. .......... .......... ........ ..3
S tripper Well Settlement........................................................................................................... 3
Warner i\mendmenl..... .............................................. .... '" .......... ..... ....... ........... .... ... ..... ...... .....3
Stale Energy Plan .................. .............. ................. .......... .......... .... ... ....... .............. .......... ... .... .... 3
6. RESTIUcrIONS ON FU1'<1)S - SUPPLA1'<TlNG...................................................................................4
7. PRODUcrs ...................... ... ... '" ....................... .......... ....... .... ..... .... ........ .... ..... ...... .... ... ... ...... ..... 4
8. Ql'.-\RERL Y PROGRESS REPORTS.............................................................................................. 5
9. G2-< "ER.-\L TER.\.1S....................................................................................................................... 5
1 O. AMEN 1) f'"IP..TS........................................................................................................................... 6
11. CONTR.-\CTING AN1) PROCUREMENT PROCEDURES..................................................................... 6
12. CO;-'TR.-\crs OR S1.JBCO!'-<TR.-\crS .............................................................................................. 7
13. BONDr.\G AND INSURANCE ....................................................................................................... 8
] 4. PER.\,llTS AND CLEARANCES ...................................................................................................... 8
15. TER.\'Ir.\A TrON .. ......... .................. ......................... ..... ... ..... .... ..... ...... ..... ... ................... .... ..... ..... 8
16. TR.-\ VEL AND PER DIEM ............................................................................................................. 8
17. RIGHTS OF PARTIES ................................................................................................................. II
J /J- /'S
...-/
21.
22.
.,'
.;...).
24.
.,-
-,-).
26.
.,-
_I.
28.
29.
TER..i\1S AND CONDITIONS
TABLE OF CONTEI'iTS (cont'd.)
SECTION
PAGE NO.
18.
STANDARD OF PERFORMANCE ................................................................................................. .11
19.
PA YMEl'-<'T OF FUNDS ................................................................................................................ 12
20.
FINAL ADMINISTRATIVE REPORT............................................................................................. 14
FISCAL ACCOUN'TING REQUIREMENTS ..................................................................................... 14
INDEMl'-<1FICA TION ........................................ ................... .......................................... ......... ..... 16
"IONDISCRlMINA TION - STATEMEN'T OF COMPLIANCE.............................................................. 16
DRUG-FREE WORKPLACE CERTIFICATION ................................................................................ 17
DISPUTES ................. ..... .... .... ......................... ............. ... .... ..... .................. ........ ......... ......... ..... 18
WORKERS' COl'vlPENSA TIOI' INSURANCE .................................................................................. ] 9
POLITICAL ACTIVITY LIMITATIONS (HATCH ACT) .....................................................................19
NATIONAL LABOR RELA TIONS BOARD CERTIFIC.-\ TION .............................................................20
A."lERlCANS WITH DISABILITIES ACT............... .......... ... ... ......... ............... ......... ... ...... ........ ........20
)l)~Ji
AWARD MEM-97S-040
TERMS AND CONDITIONS
I. GR4.NT 4.GREEMENT
This project is being funded with a grant from the California Energy Commission
(Commission). Funding for this project was authorized by Senate Bill No. 368, Chapter
659, Starutes of 1997, and consists of federal overcharge funds from the Petroleum
Violation Escrow Account (PVEA). It is hereby understood and agreed that this agreement
shall be governed by the laws of the State of California as to interpretation and
performance.
These Terms and Conditions are standard requirements for grant awards. The Commission
may impose additional special conditions in this grant agreement which address the unique
circumstances of this project. Special conditions that conflict with these standard
provisions take precedence.
The recipient shall sign all six copies of the grant agreement and rerum five signed
packages to the Commission's Grants and Loans Office within 30 days. Failure to meet this
requirement may result in the forfeiture of this award. When all required signatures are
obtained. an executed copy will be rerumed to the recipient. The recipient also must
provide v,Tinen documentation that a separate ledger account or fund has been established
by the recipient for receipt and disbursement of Commission funds.
Commission-funded work cannot begin prior to the agreement term date. This agreement is
not effective until it is signed by all parties.
2. 4.TTACtfME\.'TS 4.NDREFFRENCES
The follov,ing are anached and hereby expressly incorporated into this agreement.
o Terms and Conditions.
o Work Statement.
o Budget.
o Resolution of the Recipient or Local Jurisdiction Governing Body (if applicable).
o Resolution of the California Energy Conunission.
o Special Condition(s) (if applicable)
The Office of Management and Budget (OMB) Circulars checked below are incorporated
by reference as part 0 f this agreement:
Common Rule for Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
MEMBERS REQUEST
/p.-/~
. / --
NOVEMBER 1997
A W.A.RD MEM-97S-040
A IT '" CHMENTS '" ND REFERENCES (CONTfNlJED)
OMB Circular ."1.-110: Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals,
and Other Non-Profit Organizations
(also applicable to Private Entities)
-L 10 CFR Part 600
-L OMB Circular ."1.-87: Cost Principles for State, Local and Tribal Governments
OMB Circular A -21: Cost Principles for Educational Institutions
OMB Circular ."1.-122: Cost Principles for Non-Profit Organizations
OtvlB Circular ."1.-133: Audits of States. Local Governments. and Non-Profit
Organizations
OTIiER:
;-;ONE
3. OTHER CONDITIONS
Any federal, state, and local laws and regulations applicable to your project not expressly
listed in this agreement are incorporated herein as part of this agreement.
4. D\ 1= DILIGENCE
The recipient is required to take timely actions which, taken collectively, move this project
to completion. The Commission Project Manager will periodically evaluate the schedule
for completion of Work Statement tasks. If the Commission Project Manager determines
(1) the recipient is not being diligent in completing the tasks in the Work Statement QI (2)
the time remaining in the funding award is insufficient to complete all project work tasks
not later than the agreement term date, the Project Manager may recommend to the
Commission that this agreement be terminated. and the Commission may, without prejudice
[0 any of its remedies, terminate this agreement.
MEMBERS REQUEST
2
III '/ t
NOVEMBER 199i
A WARD MEM-97S-040
5. FlINDrNG SOURCES - REOUIREMENTS AND RESTRICTIONS
It is understood and agreed upon by the parties to this agreement that:
a. Funding for this agreement is subject to the approval of the United States
Department of Energy and to any additional restrictions, limitations, or conditions
imposed by the United States Department of energy, federal law, federal court
judgements, and/or federal agency orders which may affect the provisions or terms
of this agreement.
b. The Commission has the option to void the agreement under the 30-day cancellation
clause or to amend the agreement to reflect any reduction of funds.
c. The funding source(s) and applicable resniction(s) checked below apply to this
grant:
EXXON SETILEME)'"T
Grant funds may not be used to reimburse indirect charges 1 .
X STRIPPER WELL SETTLEME:-''T
Indirect chargesl up to 5 percent are allowed if included in the grant
budget.
WAR."iER A~fDiDrv[D."T
Grant funds may not be used to reimburse indirect charges I.
STATE E:-."ERGY PLA:--1 (SEP)
Funding for this agreement is approved as part of the SEP annual
grant. This grant terminates on June 30 of each year and must be
extended annually.
Grant funds may be used only as approved in the California SEP.
1 indirect charges are those incurred for a common or joint purpose benefil/ing more than
one activity. Examples would be office space rental, establishment and maintenance of the grant
program, and preparation and maintenance of payroll and related wage records.
MEMBERS REQUEST
3 JfJ/ r)
NOVEMBER 1 <)<)7
AWARD MEM-97S-040
FllNDfNG SOlJRCES-REOlJIREME/'-TS AND RESTRICTIONS (CONTfN1IED)
Any projects included in SEP must submit an annual energy savings
report. The reports are to be submitted during the first quarter of
each calendar year. Instructions and forms necessary to submit the
reports will be provided to recipients by the Commission Project
Manager. The report must reflect both the planned energy savings
and the estimated actual energy savings for the reporting year.
Planned energy savings reflect the estimate of the amount of energy
to be saved in the current ear by implementing a particular program
measure.
Estimated actual energy savings reflect the approximate value of Btu
saved as a result of the program measure.
6. RESTRICTIONS ON FUNDS - SlTPPLA"TNG
Grant funds may not be used to supplant (i.e., take the place of) previously budgeted funds
for this project, whether recipient funds or funding from other grants. This includes
budgeting for staff, contractors. or supplies. Funds may be used to supplement an existing
budget.
7. PRODUCTS
linless othemise directed, draft copies of all products identified in the Work Statement
shall be submitted to the Commission Project Manager. All products are subject to the
review and approval of the Commission Project Manager. The recipient will incorporate
any applicable comments and submit an original and two copies of the final version to the
Commission Project Manager.
ME~18ERS REQliEST
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A WARD i'vfEM-97S-040
8. OIlARTERT Y PROGRESS REPORTS
The recipient shall submit quarterly progress reports to the Commission Project Manager.
They are due according to the following schedule.
Quarter Report Due
January - March April 5
April- June July 5
July - September October 5
October - December January 5
Each progress report should include a discussion of the status of each of the follov.ing:
Work Statement: This section should include a brief restatement of the approved tasks in
the Work Statement and a report on the status of each. Included should be a discussion of
any products due and whether or not the project is progressing according to schedule. This
section also should include a discussion of any problems encountered, proposed changes to
the tasks in the Work Statement, and anticipated accomplishments in the upcoming quarter.
Financial Status: This section should include a task-by-task narrative report comparing
costs to date with the approved Budget. The report should state whether or not the project
is progressing within the approved Budget and discuss any proposed changes.
9. GE'iER".I. TER\-fS
a. The recipient, and the agents and employees of the recipient, in the performance of
this agreement, shall act in an independent capacity and not as officers or employees
or agents of the State of California.
b. Without the wrinen consent of the Commission. this agreement is not assignable or
transferable by borrower either in whole or in part.
c. Time is of the essence in this agreement.
d. .tvly report. brochure, or product produced as a result of work funded by this
program shall not be represented to be endorsed by the Commission, and any
documents shall include the following statement:
MEMBERS REQUEST
5 /0- / '7
NOVE~lBER 1997
A W.'\RD MEM-97S-040
GE'JER"L TERMS (CONTINI lED)
LEGAL NOTICE
This document was prepared as a result of work sponsored by the
California Energy Commission. It does not necessarily represent the
views of the Energy Commission, its employees, or the State of
California. The Commission, the State of California, its employees,
contractors. and subcontractors make no warranty, express or implied.
and assume no legal liability for the information in this document; nor
does any party represent that the use of this information will not infringe
upon privately owned rights.
e. The Commission reserves the right to use and reproduce all reports and data
produced and delivered pursuant to this agreement, and reserves the right to
authorize others to use or reproduce such materials. Each report becomes the
property of the Commission.
10. NvlE"iDME"<'TS
Changes or amendments to any component of the grant agreement can be made only with
prior written approval from the Commission. All requests must be submitted directly to the
Commission Project Manager and include a description of the proposed change, revised
attachrnent(s), and the reasons for the change. After review by the Commission Project
Manager and Grants and Loans Office, a ",Titten decision will be provided to the recipient.
If the change is approved. the affected sections of the agreement will be amended and
signed by the Commission Project Manager, Grants and Loans Office, and the recipient's
authorized representative. If the requested change is not approved, the Commission Project
Manager ",ill provide a full explanation.
II. CO"'TRACTING .o.ND PROCURl'!\!E"'T PROCEDURES
The recipient is required, where feasible, to employ contracting and procurement practices
that promote open competition for all goods and services needed to complete this project.
All contracts and subcontracts over certain amounts must be bid competitively. and sole
source contracts over certain amounts are subject to specific criteria. The relevant amounts
and criteria are specified in the OMB Circulars incorporated by reference in this agreement
and checked in Section 2.
The Commission will defer to the recipient's own regulations and procedures as long as they
reflect applicable state and local laws and regulations and are not in conflict with the
minimum standards specified in the OMB Circulars incorporated by reference in this
agreement and checked in Section 2.
ME~18ERS REQUEST
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NOVEMBER 1997
A WARD MEM-97S-040
Upon request, the recipient must submit to the Commission Project Manager a copy of all
solicitations for services or products required to carry out the terms of the funding
agreement and copies of the proposals or bids received.
12. CONTRA,CTS OR SOBCOt-.TRA,CTS
The recipient shall submit any proposed contracts or subcontracts, except its standard
employment contracts for personnel, and any proposed substitution of contracts or
subcontracts to the Commission Project Manager for approval prior to the recipient entering
into same. The Commission Project Manager shall be notified before termination of any
contract or subcontract entered into as part of this project. Executed copies of all contracts
and subcontracts shall be submitted to the Commission Project Manager.
Each contract or subcontract will contain a provision that further assignments will not be
made to any third or subsequent tier contractor without the consent of the Commission
Project Manager. The Commission Project Manager may require a contractor or
subcontractor to demonstrate adequate staff resources.
All contracts and subcontracts must incorporate all of the following:
o A clear and accurate description of the material, products, or services to be procured
as well as a detailed budget and tirneline.
o Provisions which allow for administrative, contractual. or legal remedies in
instances where contractors violate or breach contract terms, and provide for such
sanctions and penalties as may be appropriate.
o Provisions for termination by the recipient including termination procedures and the
basis for settlement.
o Language conforming to the "Nondiscrimination" discussion in Section 21 of these
Terms and Conditions.
o .-\ny additional requirements specified in the OMB Circulars incorporated by
reference in this agreement and checked in Section 2.
o The Standard of Performance provisions specified in Section 16 of this agreement.
Failure to comply v.ith the above requirements may result in the termination of this
agreement.
MEMBERS REQlJEST
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A WARD MEM-97S-040
13. BONDfNG ~ND INSUR~NCE
The recipient will follow their own bonding and insurance requirements relating to bid
guarantees, performance bonds, and payment bonds without regard to the dollar value of the
contract(s) or subcontract(s) as long as they reflect applicable state and local laws and
regulations and are not in conflict with the minimum standards specified in the OMB
Circulars incorporated by reference in this agreement and checked in Section 2 of these
Terms and Conditions.
14. PER>VllTS ~ND CLEAR~NCES
The recipient is responsible for ensuring all necessary permits and environmental
documents are prepared and clearances are obtained from the appropriate agencies.
15. TERMINATION
This project may be terminated for any reason set forth below.
a. Event of Breach
In the event of any breach by the recIpIent of the conditions set forth in tllls
agreement, the Commission may, without prejudice to any of its legal remedies,
terminate this agreement upon five (5) days written notice to the recipient.
b. State's Option
The Commission may, at its option, terminate this agreement in whole or in parr,
upon giving thirty (30) days advance notice in writing to the recipient by certified
mail, return receipt requested. In such event, the recipient agrees to use all
reasonable efforts to mitigate the recipient's expenses and obligations hereunder.
Also in such event. the Commission shall pay the recipient for all satisfactory
services rendered and expenses incurred prior to such notice of termination which
could not by reasonable efforts of the recipient have been avoided, but not in excess
of the maximum payable under this agreement.
16. TR ~ VEl AND PER DIEM
F or purposes of payment, recipient's headquarters shall be considered the location of the
recipient's office where the employees assigned responsibilities for this award are
permanently assigned. Travel expenditures not listed in this agreement cannot be
reimbursed.
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A WARD MEM-97S-040
Travel shall require prior wrinen authorization from the Commission Project Manager.
Recipient shall be reimbursed for authorized travel and per diem on the same basis as
nonrepresented state employees.
Travel expense claims must be submined on formally printed company lenerhead and
recipient must sign and date the travel expense claim before submining the travel expense
claim to the Commission for payment. Travel expense claims and supporting receipts and
expense documentation shall be anached to the recipient's Payment Request. A vehicle
license number is required when claiming mileage, parking, or toll charges. Questions
regarding allowable travel expenses or per diem should be addressed to the Commission
Project Manager.
The rates listed below will be in effect for the term of this agreement and apply to all travel,
both in-state and out-of-state, unless and until the state's per diem reimbursement rates for
nonrepresented employees are revised.
a. For travel necessary to the performance of this agreement, recipient shall be
reimbursed as follows:
(I ) Travel by common carrier. airline coach class or equivalent, in accordance
""ith receipts or vouchers verifying expenditure. Receipts must be anached
to recipient's travel expense claim.
(2) Travel by private or recipient-owned automobile the reimbursement rate
shall be up to 31 cents per mile. If, however, travel by common carrier is
more economical than by automobile. the rate for the common carrier ""ill
be reimbursed.
(3 ) Travel by private car to and from the common carrier ""ill be reimbursed at
31 cents per mile, as stated above.
(4) Travel by rental car, if less expensive than taxi service. Receipts must be
anached to recipient's trav'el expense claim for car rental and gas for rental
car. )iole: insurance coverage is not reimbursable.
(5) Parking fees, taxi fees. and public transit fees may be reimbursed, without
receipt, for any amount of S10.00 or less. Amounts over $10.00 must be
validated ""ith receipts for actual expenses. Business calls will be
reimbursed up to S5.00 \Vithout receipt. .-'\mounts over $5.00 must be
validated ""ith receipts for actual expenses.
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A WARD MEM-97S-040
b. Per diem rates apply to travel more than 50 miles away from recipient's
headquarters. The date and time of departure and return must be indicated on
recipient's travel expense claim in order to establish appropriate per diem rates.
Travel expense claims submitted for reimbursements of per diem without date and
time of departure and return will be reduced by the amount of per diem invoiced.
No receipts are required for travel meals or incidentals within the rates listed below.
Per diem is reimbursable as follows:
(I) For a trip of less than 24 hours, recipient shall be reimbursed for actual costs
up to the maximum allowance for breakfast, dinner, and lodging according
to the following table if the recipient's travel time meets the criteria outlined
below.
Breakfast
Up to $ 6.00, if began at or pnor to 6 a.m. and
terminated at or after 9 a.m.
Not reimbursed on a trip of less than 24 hours
Up to SI8.00, if began at or prior to 4 p.m. and
terminated at or after 7 p.m.
Not reimbursed on a trip ofless than 24 hours
Up to $79.00 plus taxes with receipt.
Lunch
Dinner
Incidentals
Lodging
Lodging expenses must be substantiated 'With a receipt. If no lodging
receipt is provided, meals and incidentals will be reimbursed at a rate of
$24.00 for trips lasting 12-24 hours. For overnight trips ofless than 12
hours with no lodging receipt, reimbursement will be $24.00 for all
expenses.
(2) For trips lasting 24 hours or more. recipient will be reimbursed actual
costs up to the maximum allowance for meals, lodging, and incidentals
according to the following table for each complete 24-hour period,
beginning with the time of departure.
For each 24-hour period:
Breakfast
Lunch
Dinner
Incidentals
Lodging
Cp to $ 6.00
Up to $ 10.00
Up to $18.00
Up to $ 6.00
Up to $79.00 plus tax
Lodging espenses must be substantiated with a receipt. If no lodging receipt
is provided, meals and incidentals will be reimbursed at a rate of $24.00.
ME-'-I8ERS REQuEST
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NOVE\.18ER jQ9i
A WARD MEM-97S-040
For the last fractional pan of a travel period of more than 24 hours, recepient
Vlill be reimbursed the authorized allowance for meals provided that the
expense was incurred and the travel time meets the folloVling requirements:
Breakfast:
If travel began at or prior to 6 a.m. and terminated at or after
8 a.m.
If travel began at or prior to 11 a.m. and terminated at or after
2 p.m.
If travel began at or prior to 5 p.m. and terminated at or after
7 p.m.
Lunch:
Dinner:
17. RIGHTS OF P~RTIES
o The Commission shall be granted a no-cost, nonexclusive, nontransferable,
irrevocable license to use or have practiced for or on behalf of the State of California
the subject invention(s) for governmental purposes. Recipient must obtain
agreements to effectuate this clause v.ith all persons or entities obtaining ov.nership
interest in the patented subject inventions,
o The Commission shall be granted the no-cost use of the technical data first produced
or specifically used in the performance of this grant,
o The Commission shall be granted a royalty-free nonexclusive, irrevocable,
nontransferable license to produce, translate, publish, use and dispose of. and to
authorize others to produce, translate, publish, use and dispose of all copyrightable
material first produced or composed in the performance of this grant.
18. Sn"TIARD OF PERFOR'v!A~CE
Recipient. its subcontractors and their employees, in the performance of recipient's work
under this award shall be responsible for exercising the degree of skill and care required by
customarily accepted good professional practices and procedures used in the scientific and
engineering fields.
..!vly costs for failure to meet the foregoing standard or to correct otherwise defective work
that requires re-performance of the work, as directed by Commission Project Manager or
his or her designee, shall be borne in total by recipient and not the Commission. Tne failure
of a project to achieve the performance goals and objectives stated in the Work Statement is
not a basis for requesting re-performance unless the work conducted by recipient and/or its
subconrractors is deemed by the Commission to have failed the foregoing standard of
performance.
~IE~lBERS REQt:EST
II /j) .-.J- .~
NOVEVIBER 19<)7
A WARD MEM-97S-040
In the event recipient/subcontractor fails to perform in accordance with the above standard:
(1) Recipient/subcontractor "ill re-perform, at its own expense, any task which was not
performed to the reasonable satisfaction of the Commission Project Manager. Any
work re-performed pursuant to this paragraph shall be completed within the time
limitations originally set forth for the specific task involved.
Recipient/subcontractor shall work any overtime required to meet the deadline for
the task at no additional cost to the Commission;
(2) The Commission shall provide a new schedule for the re-performance of any task
pursuant to this paragraph in the event that re-performance of a task within the
original time limitations is not feasible; and
(3) The Commission shall have the option to direct recipient/subcontractor not to re-
perform any task which was not performed to the reasonable satisfaction of the
Commission Project Manager pursuant to application of (1) and (2) above. In the
event the Commission directs recipientlsubcontractor not to re-perform a task, the
Commission and recipient shall negotiate a reasonable settlement for satisfactory
work performed. No previous payment shall be considered a waiver of the
Commission's right to reimbursement.
Nothing contained in this section is intended to limit any of the rights or remedies
which the Commission may have under law.
19. P>\D<fE'\,TOFFL"'iDS
a. Payment Requests
The recipient may request payment from the Commission at any time during the
term of this agreement although it is preferred that payment requests be submitted
"ith the quarterly progress reports.
Payments will generally be made on a reimbursement basis for reCipient
expenditures. i.e.. after the recipient has paid for a service, product, supplies, or
other approved budget item. No reimbursement for food or beverages shall be made
other than allowable per diem charges. As a general rule, advance payments are not
allowed. The Commission, at its sole discretion, may honor advance payment
requests if warranted by compelling need. If any advance payments are received
from the Commission, they must be deposited in a separate interest-bearing account.
Funds in this award have a limited period in which they must be expended. All
recipient expenditures must occur prior to the end of the term of this agreement.
ME~1BERS REQuEST
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A WARD MEM-97S-040
b. Documentation
All payment requests must be submined using a completed Payment Request form
(Exhibit A). This form must be accompanied by an itemized list of all charges and
copies of all receipts or invoices necessary to document these charges for both
Commission and match share. Any payment request that is submined without the
itemization ",ill not be authorized. If the itemization or documentation is
incomplete, inadequate, or inaccurate, the Commission Project Manager will inform
the recipient and hold the invoice until all required information is received or
corrected. Any penalties imposed on the recipient by a contractor because of delays
in payment will be paid by the recipient.
c. Release of Funds
The Commission Project Manager will not process any payment request during the
agreement term if the following conditions have not been met:
o All required quarterly reports have been submined and are satisfactory to the
Commission Project Manager.
o !\ll applicable special conditions have been met.
o All appropriate permits or permit waivers from govemmental agencies have
been issued to the recipient and copies have been received by the
Commission Project Manager.
o All products due have been submined and are satisfactory to the
Commission Project Manager.
o Other prepayment conditions as may be required by the Commission Project
Manager have been met. Such conditions will be specified in writing ahead
of time, if possible.
d. Retention
It is the Commission's policy to retain 10 percent of any payment request or 10
percent of the total Commission award at the end of the project. After the project is
complete the recipient must submit a completed payment request form requesting
release of the retention. The Commission Project Manager will review the project"
file and, when satisfied that the terms of the funding agreement have been fulfilled.
will authorize release of the retention.
MEMBERS REQLiEST
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A WARD MEM-97S-040
20. FNAL "DMNISTR"TIVE REPORT
A draft final report shall be submitted to the Commission Project Manager no later than 60
days prior to the end of the agreement term. The report shall include:
o Table of Contents.
o Abstract.
o A brief summary of the objectives of the project and how these objectives were
accomplished.
o Any findings, conclusions, or recommendations for follow-up or ongoing activities
that might result from the successful completion of the project.
o A statement of future intent of the grant recipient to maintain or further develop the
proj ect.
o A Payment Request form for the final payment (including any retention).
o A consolidated list of contractors and subcontractors funded in whole or in part by
the grant recipient. Include the name, address, concise statement of work done,
period, and value or each.
The Commission Project Manager will review the draft report. The recIpIent will
incorporate applicable comments and submit the final report (the original and two copies) to
the Commission Project Manager.
Upon receipt of the final report, the Commission Project Manager shall ensure that all work
has been satisfactorily completed and any unused advanced funds and interest on such funds
is refunded to the state. Refunds are due to the Commission ",-ithin 60 days after the project
is completed. Payment should be made by check or money order made payable to the
California Energy Commission.
21. FISC,,! "C:C:OiTNTNG RFOIJlREMENTS
Unless otherwise excepted, the recipient shall review and comply with the administrative
requirements outlined in the applicable sections of the applicable OMB circulars
incorporated as part of the funding agreement. The circulars are supplemented with the
follo",-ing requirements.
MEMBERS REQUEST
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SOVE~fBER 1997
AWARD I'vfEM-97S-040
a. Accounting and Financial Methods
The recipient shall establish a separate ledger account or fund for receipt and
disbursement of Commission funds for each project funded by the Commission.
Expenditure details must be maintained in accordance ",ith the approved budget
details using appropriate accounting practices.
b. Retention of Records
The recipient shall retain all project records (including fmancial records, progress
reports, and payment requests) for a minimum of three (3) years after the project has
been formally concluded unless othern'ise specified in the funding agreement.
c. Audits
Upon written request from the Commission, the recipient shall provide detailed
documentation of all expenses at any time throughout the project. In addition, the
recipient agrees to allow the Commission or any other agency of the state, upon
"'TItten request, to have reasonable access to and the right of inspection of all
records that pertain to the project during the term of this agreement and for a period
of three (3) years thereafter. Further, the recipient agrees to incorporate an audit of
this project ~thin any scheduled audits, when specifically requested by the state.
Recipients are strongly encouraged to conduct annual audits in accordance -with the
single audit concept. The recipient should pro"ide two copies of the independent
audit report and any resulting comments and correspondence to the Commission
Project Manager ",ithin 30 days of the completion of such audits.
d. Project Income
Interest earned on payments from the Commission must be reported to the
Commission Project Manager. Interest earned by the recipient may be used, -with
prior \\TInen approval from the Commission Project Manager, to supplement the
Commission award. Any earned interest that is not used to supplement the award
must be returned to the Commission at the end of the project.
e. Match Share
If the grant Budget includes match share, the recipient's commitment of financial
and personnel resources. as described in this agreement, is a required match for
receipt of Commission funds. The recipient must maintain accounting records
detailing the expenditure of the match share (acrual cash and in-kind services). and
provide complete documentation of expendirures as described in Section 17.
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NOVE~IOER 199,
A WARD MEM-97S-040
22. fNDEMNIFICA TION
The recipient agrees to indemnity, defend, and save harmless the state, its officers, agents,
and employees from any and all claims and losses accruing or resulting to recipient and to
any and all contractors, subcontractors, materialmen, laborers, and any other person, firm,
or corporation furnishing or supplying work, services, materials, or supplies in connection
",ith the performance of this agreement, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation who may be injured or damaged by the
recipient in the performance of this agreement.
23. NONDISCRIMfNATrON - STATF~TOF COlvlPl [;.NeE
a. The recipient's signature and dating of this agreement shall constitute a certification
under penalty of perjury under the laws of the State of California that the recipient
has, unless specifically exempted, complied ~th Government Code Section 12990
and California Code of Regulations, Title 2, Div. 4, Ch. 5 in matters relating to the
development, implementation, and maintenance of a nondiscrirnination program. The
recipient agrees not to unlawfully discriminate against any employee or applicants for
employment because of race. religion. color, national origin, ancestry, physical
handicap, medical condition, marital status, sex, or age (over forty).
b. During the performance of this agreement. the recipient and its contractors and
subcontractors shall not deny the agreement's benefits to any person on the basis of
religion, color, ethnic group identification, sex, age, physical or mental disability, nor
shall they discriminate unlawfully against any employee or applicant for employment
because of race, religion. color, national origin, ancestry, physical handicap, mental
disability, medical condition, marital status, age, or sex. The recipient shall ensure
that the evaluation and treatment of employees and applicants for employment are
free of such discrimination.
c. The recipient shall comply ",ith the provisions of the Fair Employment and Housing
Act (Government Code, Section 12900 et seq.). the regulations promulgated
thereunder (California Code of Regulations, Title 2. Section 7285.0 et seq.). the
provisions of Article 9.5, Chapter I, Part I, Division 3. Title 2, of the Government
Code (Government Code, Sections 1 I 135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article.
d. The recipient and its contractors and subcontractors shall give written notice of their
obligations under this clause to labor organizations with which thev have a collective
- - -
bargaining or other agreement.
"fE~lBERS REQL:EST
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NOYE.\IBER 1997
A WARD MEM-97S-040
e. The recipient shall include the nondiscrimination and compliance provisions of this
clause in all contracts and subcontracts to perform work under this agreement.
24. DR1JG-FREE WORKPLACE CERTIFICA TION
By signing this agreement, the recipient hereby certifies under penalty of peIjury under the
laws of the State of California that the recipient will comply with the requirements of the
Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will
provide a drug-free workplace by taking the following actions:
a Publish a statement notifYing employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations as required by
Government Code Section 8355(a).
b. Establish a Drug-Free Awareness Program as required by Government Code
Section 8355(b) to inform employees about all of the following:
(I) The dangers of drug abuse in the workplace;
(2) The person's or organization's policy of maintaining a drug-free workplace:
(3) Any available counseling, rehabilitation. and employee assistance programs;
and
(4) Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee
who works on the proposed project:
(I) Will receive a copy of the company's drug-free policy statement; and
(2) Will agree to abide by the terms of the company's statement as a condition
of employment on the project.
Failure to comply with these requirements may result in suspension of payments under the
agreement or termination of the agreement or both, and the recipient may be ineligible for
any future state awards if the Commission determines that any of the follov.ing has
occurred: (1) the recipient has made false certification. or (2) violates the certification by
failing to carry out the requirements as noted above.
MEMBERS REQUEST
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NQ\'E\.H3ER Iqq7
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25. DISPUTES
In the event of a Agreement dispute or grievance between Recipient and the Commission,
the following two-step procedure shall be followed by both parties:
a. Commission Dispute Resolution
The Recipient shall first discuss the problem informally with the Commission
Project Manager. If the problem cannot be resolved at this stage, the Recipient must
direct the grievance together ",ith any evidence, in writing, to the Commission
Contracts Officer. The grievance must state the issues in the dispute, the legal
authority or other basis for the Recipient's position and the remedy sought The
Commission Contracts Officer and the Program Office Manager must make a
determination on the problem within ten (l0) working days after receipt of the
written communication from the Recipient. The Contracts Officer shall respond in
"'TIting to the Recipient. indicating a decision supported by reasons. Should the
Recipient disagree with the Contracts Officer decision. the Recipient may appeal to
the second level.
The Recipient must prepare a letter indicating why the Contracts Officer's decision
is unacceptable, attaching to it the Recipient's original statement of the dispute ",ith
supporting documents, along ",ith a copy of the Contracts Officer's response. This
Jener shall be sent to the Executive Director at the Commission ",ithin ten (10)
working days from receipt of the Contracts Officer's decision. The Executive
Director or designee shall meet with the Recipient to review the issues raised. A
written decision signed by the Executive Director or designee shall be returned to
the Recipient within twenty (20) working days of receipt of the Recipient's letter.
The Executive Director may exercise the option of presenting the decision to the
Commission at a business meeting. Should the Recipient disagree ",ith the
Executive Director's decision, the Recipient may appeal to the Commission at a
regularly scheduled business meeting. Recipient will be provided ",ith the current
procedures for placing the appeal on a Commission Business Meeting Agenda.
b. Binding Arbitration
Should the Commission's Dispute Resolution procedure identified in paragraph B.
above fail to resolve a agreement dispute or grievance to the satisfaction of the
Recipient, the Recipient may elect to have the dispute or grievance resolved through
binding arbitration. The Commission may also elect to have any agreement dispute
or grievance resolved through binding arbitration. The arbitration proceeding shall
take place in Sacramento County, California. and shall be governed by the
commercial arbitration rules of the American Arbitration Association (AA...-\) in
effect on the date the arbitration is initiated. The dispute or grievance shall be
.MEMBERS REQUEST
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A WARD MEM-97S-040
resolved by one (I) arbitrator who is an expert in the particular field of the dispute
or grievance. The arbitrator shall be selected in accordance with the aforementioned
commercial arbitration rules. The decision rendered by the arbitrator shall be final
. ,
and judgment may be entered upon it in accordance with the applicable law in any
court having jurisdiction thereof. The demand for arbitration shall be made no later
than six (6) months after the date of the contract's termination, irrespective of when
the dispute or grievance arose, and irrespective of the applicable statute of
limitations for a suit based on the dispute or grievance.
The cost of arbitration shall be borne by the parties as follows:
i) The AAA' s administrative fees shall be borne equally by the parties;
ii) The expense of a stenographer shall be borne by the party requesting a
stenographic record;
iii) Witness expenses for either side shall be paid by the party producing the
v.itness;
iv) Each party shall bear the cost of its OV.TI travel expenses;
v) All other expenses shall be borne equally by the parties, unless the arbitrator
apportions or assesses the expenses otherwise as part of his or her award.
At the option of the parties. any or all of these arbitration costs may be deducted
from any balance of Agreement funds. Both parties must agree, in writing, to utilize
agreement funds to pay for arbitration costs.
26. WORKERS' CO"-fPE\:SATION iNSI JR~"CE
a. Recipient hereby warrants that it carries Worker's Compensation Insurance for all of
its employees who will be engaged in the performance of this agreement, and agrees
to furnish to the Commission Project Manager satisfactory evidence of this
insurance at any time the Commission Project Manager may request.
b. If recipient is self-insured for worker's compensation, it hereby warrants such self-
insurance is permissible under the laws of the State of California and agrees to
fclrnish to the Commission Project Manager satisfactory evidence of this insurance
at any time the Commission Project Manager may request.
27. POI rTlC~1 ~CTIVITY LIMITATIONS (H~TCH ACT) (onlv applicable to Warner Amendment
funded frrants - see section 5 for fundina desilination)
a. Except for an officer or employee of an educational institution or system. as defined
in 5 USe. Section 1501 (4) (B). an employee or officer of a state or local
government agency or subdivision, as defined in 5 USe. Section 150 l. which
receives loans or grants funded by the United States or a federal agency. or which
MEMBERS REQl'EST
19
/tJ / 3':1
SOVE~1BER 1997
A WARD MEM-97S-040
received United States or federal agency funds as payment under a contract, may
not:
(1) Use or attempt to use his or her official authority or position to interfere with
or affect the result of an election or nomination for office;
(2) Cause or attempt to cause a state or local employee or officer to provide or
contribute anything of value to any person or organization for political
purposes; or
(3) Be a candidate for elective office except in a non-partisan election as defined
in 5 V.S.C. Section 1503.
b. Subsection (a)(3) of this section does not apply to:
(1) The Governor or Lieutenant Governor of a State or a person authorized by
law to act as Governor;
(2) A duly elected head of an executive department of a state or municipality
who is not classified under a state or municipal merit or civil-service system;
or
(3) An individual holding elective office.
28. "ATIO"A! LABOR REL>TIONS BOARD CERTIFICATIOl\i
Recipient, by signing this Agreement, does swear under penalty of perjury that no more
than one final unappealable finding of contempt of court by a Federal Court has been issued
against the Recipient within the immediately preceding two year period because of the
Recipient's failure to comply with an order of a Federal Court which orders the Recipient to
comply with an order of the National Labor Relations Board (public Agreement Code
Section 10296).
29. A"IERICA'S WITH DISABILITIES ACT
By signing this Agreement, Recipient assures the State that it complies ""ith the Americans
with Disabilities Act (ADA) of 1990 (42 U.s.C. 12101, et seq.), which prohibits
discrimination on the basis of disability, as well as applicable regulations and guidelines
issued pursuant to the :\DA.
MEMBERS REQL:EST
20 /V'- 2t(
NOVE~18ER 1997
EXIllBIT A
P A YME:'IT REQUEST FORM
:\IE;\1BERS REQL'EST
21
/f)"JS-
A WARD MEM-97S-040
NOVE;\1BER 1997
S:- ATE OF CALIFORNIA
CALIFORNIA ENERGY COMMISSION
FINANCIAL STA TUS REPORT OR PAYMENT REQUEST (PVEA) P3ymenr Request No.
CEC 202 (8196) .
Instructions are on the reverse side.
R.~c.ent (Name and Complete Add~S31 Type of Request Amount of thl$ Request
o Reimbursement
o Advance S
o Status Report Only
Period Covered by trle Report Funding History
Total Funds Requested to Date: S
to Total Funds Received to Date: S
T etal Expenses to Date: S
T ctal Funds on Hand: S
Interest Earned to Date: S
Grant No. Reopient 10 No. Approved Pro,ea Term
I I Expenses I Expenses Obligations Remaining
Line Items Budget this Period to Date Not Yet Paid Balance
Salaries and Wages I I
I Benefits I I
) Travel I I I ,
,
, Consultant I I I I
,
Contractual I I I I I
I I I I I ,
Supolies and Equipment ,
,
Other I I I I i
, , ,
- -, I ,1
,O'ML
,
CEC USE ONLY (oN So) ,
CERTIFICA TION
I
! ::er"Jfy ~o the :Jest of my kncwledge and belief that this report is c=lrre~ ! FY
and ::=rnplete and that all outlays and obligations are for tl':e purposes set ,
forth in ~he funding agreement. I
Amount Authorized I
3igna!t:re of A<.:tholiZ2d Cer-jtying Officer I Dale I Retention I 0 Yes
, -
I I I No
- ,::e ::;r ~:'jm .'1ame ana Title I Phor:e j Funding I
I I ,
,
I
APPROVALS :1 Appropriation Code I
I
:EC ?rOleC: ,\lanat;er I Date I ACCOUNTING OFFICE USE ONL Y
I ,
,
i 'I
,
E.;: ?r:::,;;ram ....1anaser I Date , CEC Retention I I :1
I
I I
{anls:;ffice I Oale I Amount Scheduled I I
I
I
00
/ ()- -36
INSTRUCTIONS
Payment Request No.: Begin with the number I on your first
payment request and consecutively number each subsequent
payment request. The last payment request should include the
notation. "Final."
Recipient (Name and Complete Address): Same as
"Recipient" on the Grant AgreemenL Address should include
the city, state, and zip code.
Type of Request: Indicate if this is a "Reimbursement" or
"Status Report Only." Be sure to provide backup
documentation. If no funds are being requested, check "Status
Report Only."
Amount of this Request: Tnis line shows the amount
currently being requested. Indicate the amount being requested.
Period Covered by this Report: The time period covered
by this request. The first day of the period should be the day
aner the last day covered by your previous report. Example:
1/4/94 to 3/31/94.
Grant No.: Same as "Grant Number" on the Grant Agreement_
Tnis is the eight digit code assigned by the Energy Commission
(example: 961-93-000).
Recipient ill No.: This space is for an account number or
other identifier that may be assigned by the recipient (optional).
Approved Project Term: This is the entire project period
beginning with the date the project starts through the end date.
This date should match the "Tenn" on the Grant Agreement
unless you have received a term extension.
Funds Requested to Date: Show the total of all funds
requested from [he Energy Commission prior to this request.
Funds Received to Date: Show the total amount of funds
received from the Energy Commission.
Expenses to Date: Show the total Energy Commission Share
expenses from the beginning of the project through and
including the pt::riod covered by this report. This amount
should be the same as the Energy Commission Share "Total
Expenses to Datt::."
Funds on Hand: This should be filled In only if you have
r~::eiv~d any advance funds from the Commission. If you have.
show the balance of funds received. ("Funds Received to Date"
minus "Expenses to Date" equals "Funds on Hand. ")
Interest Earned to Date: Show all interest earned on
previously advanced funds.
Line Items: The following budget categories apply to all
expenditures invoiced.
Budget: Show by line item the budget as
shown in the Grant Agreement.
Expenses this Period: Show by line item
the actual payments made by the recipient during the
period covered by this report.
Expenses to Date: Show bv line item the
cumulative total of all expenses from the beginning of
the project through and including the period covered
by this report.
Obligations Not Yet Paid: Show by line
item all funds obligated on purchase orders. comracts.
etc. for which you have received an invoice but have
nor yet paid.
Remaining Balance: Show by line item the
funds available for expenses or obligations. "Budget"
minus "Expenses to Date" minus "Obligations ;-<or Yet
Paid" equals "Remaining Balance."
Certification: Name, title and signature of authorized
certifying official (usually the grant recipient's project manager).
Submit original and one copy to: The Commission Project
:vtanager. Call the Manager ior the appropriate mailing smtion
(\1S) code and mail w:
California Energy Commission
1516 Nimh Street. \-15 #_
Sacramento. CA 95814
/c.- 3?
23
MEM-97S-040
WORK STATEMENT
The recipient (City of Chula Vista) will complete Phase III of the metal/air battery development
a,nd demonstration consistent with the recipient's Stripper Well grant application as approved by
the U.S. Department of Energy and the grant agreement that includes this work statement. Phase
I developed a 55-watt metal-air battery cell. Phase II refined the cell and assembled it into a 12-
stack module that produced 1000 watts. Phase III will apply the results of phases I and II to
produce and instal] a 120-kW propulsion system in a pick-up truck and demonstrate the truck.
The battery will be potentially rechargeable in ] 0 to 15 minutes and will give the truck a range of
300 miles.
The recipient's Stripper Well grant application is attached hereto and expressly incorporated as
part of this agreement. In the event of a conflict or inconsistency between the terms in this grant
agreement (and its incorporated documents) and the recipient's grant application, this grant
agreement shall be considered controlling.
The following tasks ",ill be performed to achieve the goals and objectives of the project using
Commission co-funding and documented private-sector funds.
Task 0.5 Prepare and submit final specification of the vehicle and propulsion system to the
Commission Project Manager.
Product Description:
Product Due Date:
Approved vehicle and propulsion system specifications
March 31, 1999
Task] Design and construct metal/air battery (fuel-cell) stack.
Due Date:
December 31, 1999
Task 2 Design and construct electrolyte management system according to approved
specifications.
Due Date:
December 31, 1999
Task 3 Design and construct air management system according to approved .specifications.
Due Date:
December 3 1. 1999
Task 4 Design and construct metal/air battery (fuel-cell) propulsion system controls and
instrumentation according to approved specifications.
Due Date:
December 31. ] 999
Task 5 Procure pick-up truck
Due Date:
November 30, 1999 J c:J.- Jtr
Task 6 Install metal/air battery (fuel cell) and drivetrain in pick-up truck
Due Date:
November 30, 1999
Task 7 Design and construct metal/air (re)fueling station according to specifications
(Not PVEA grant funded)
Due Date:
January 3], 2000
Ta~k 8 Perform shake-down and other relevant pre-deployment tests on metal/air fuel cell-
powered pick-up truck
Product Description:
Product Due Date:
Test data
March 3 I, 2000
Task 9 Demonstrate the vehicle. This task is to include a drive of the vehicle from Chula Vista
to Sacramento, California.
Due Date:
May 31, 2000
Ta~k 10 Place vehicle in service. Operate vehicle over a six month period in specified limited-
duration opporrunity demonstrations to achieve the restitution goals, which include petroleum
displacement. alternative fuel (electricity) consumption and emission reduction, for the intended
population consistent '-'<ith the approved or modified versions of the Stripper Well plan.
ProductlMiIestone Description:
Due Date:
1) Vehicle in service 2) Restitution goals achieved
1) October 3 I, 2000 2) December 2000
Task 11 Write and submit simplified, easy-to-read monthly progress reports on the operation of
the vehicle for the specified demonstrations. These reports are separate from the regular
quarterly progress reports required when the grant agreement is implemented. Collect, compile
and submit data on vehicle performance (acceleration response, torque response, drivability) as
part of the progress report. The data shall also include vehicle miles traveled, alternative fuel
used (in diesel gallon equivalent), alternative fuel cost, breakdo'-'<l1 and repair.
Product Description:
Product Due Date:
Monthly progress reports.
10th of the following month
/j).-J /
r
.J
Task 12 0 Prepare Final Administrative Report in accordance with the grant terms and
conditions and submit to the Commission Project Manager for review and approval. The draft
report shall be submined 60 days prior to the end of the project term for review and approval.
Upon completion of review and approval by the Commission Project Manager, the recipient shall
submit a fmal report no later than 30 days prior to the end of project term. No final payment will
be made until the final report has been received and approved by the Commission Project
Manager. In addition, the report shall include a technical discussion of the metaVair fuel cell
truck, demonstration findings, operating and maintenance cost information and future prospects
of the metaVair banery (fuel cel!) technology in on-road vehcile applications.
Product Description:
Product Due Date:
Final Administrative Report
Draft due 60 days before the end of the project term.
)//- ~(J
0<
STRIPPER WELL PL.-\:" #.p
ST.-HE OF CALfFOR:'1IA
CITY OF CHULA VISTA
INCORPORA nON OF MULTIPLE ZINC AIR CELL UNITS
INTO ELECTRIC PICKUP TRUCK
A. PROGR-\M OvTRVIEW
This project proposes to use $300,000 Stripper WelJ funds to partially fund Phase III of the
City of Chula Vista's Metal Air Fuel CelJ Project (zinc).
Tne City ofChula Vista encourages and supports the development of fuel celJ technologies.
The California Air Resources Board (ARB) has adopted regulations requiring that ten
percent of the passenger cars sold in California beginning in 2003 be zero-emission
vehicles (ZEVs). EVs are presently the only vehicles k.llOwn to comply 'With the ARB's
ZEV mandate. At present the City ofChula Vista carmot replace its fleet 'With
nonpolJuting ZEVs, due at least in part to the short range, long recharge time, and high
lifecycle cost of presently available EV s. These undesirable traits result from the
performance and cycle life limitations of the electrically rechargeable (secondary) batteries
presently used to power EV s. If a sufficiently superior on-board energy source could be
developed for EVs, the City of Chula Vista could consider replacing some of its fleet 'With
nonpolluting ZEVs. ,A.II alternative source of on-board energy 'With the potential for such
performance is the metaIlair fuel cell (or battery). MetaIlair systems 'With ten tiDles the
specific energy ofIeadiacid batteries have been demonstrated. The metal/air fuel cell can,
in principle, be safely refueled in several minutes 'With hundreds of kilowatt-hours of energy
in the form of inexpensive aluminum or zinc pellets.
Sponsored by the City ofChula Vista and SAIC, SAIC successfully completed the first
phase of an advanced metaIlair research and development project. Phase I of the three
phase project focused on development and demonstration of a single cell for the advanced
battery. Phase II focused on building the fuel cell errgine itself. The cell was recharged
with pellets of inexpensive aluminum in the laboratory and met its design goal of
demonstrating sufficient power (55 watts) and energy to enable a multi-cell stack to
produce 120 kW to power a small pickup truck 300 miles when used in conjunction with a
small lead/acid battery. Phase I accomplishnlents included selection of a suitable
aluminum alloy and electrolyte formulation (potassium hydroxide), testing and selection of
cell materials, electrolyte management requirements definition, recharging system design
and testing. and development of an advanced single cell. Phase III includes incorporation
and moditication of the fuel cell module developed in Phases I and II into an electric pickup
truck and demonstration of the truck.
swchu!::J.v
/[)/1/
27
February 1998
Tht: goal of this three phase projt:ct is to develop a metal/air-powered prototype vehicle and
drive tht: vehicle in a demonstration of the technology. The project will demonstrate a
small pickup. such as a Ch.:vy S 10 or Ford Ranger. powered by the metal fuel cell
developed in Phase I and II. The purpose of this project is to enable such a zero-emission
vehicle to ultimately be reproduced for fleet use by the City of Chula Vista and others.
Chula Vista will contract with Metallic Power to complete Phase 1Il of this project.
Metallic Power has been formed in Chula Vista for the purpose of further developing and
commercializing this technology. The City of Chula Vista has agreed to sponsor a portion
of this project for an amount of 5300,000. Other co-sponsors must include funding from the
private sector and the South Coast Air Quality Management District. The city is requiring
that Metallic Power share the public sector costs with private sector investment at the time
of each phase being completed. This approach assures private sector buy-in, support, and
participation in the development of the technology.
B. ENERGY SA VINGS AND BE1'oi"EFITS
The initial market for the zinc air banery/fuel cell power source is California fleet users,
and small appliances that depend on mobile power, such as lawn mowers, power generators
for military applications, and the like. The annual energy savings expected for a fleet
vehicle which consumes 750 gallons of gasoline is estimated at 84 million Em. Tne city
believes this technology can be commercialized within 3 to 5 years. The city projects
potential sales of up to 10,000 air fuel cell powered vehicles annually, producing annual
enerav savings of 840 billion Bru. These figures will not be realized during the course of
=>- -
this project, because the technology is still being refined, and it must go from the research
and development stage to final commercialization stage, at which time this project should
be complete. However, we have expectations that if the research and development of this
power sOt:rce is successful, it could easily meet the energy savings of 840 billion B tu.
C. PROGR.Hf HiNDS AND i\<ULESTONES
The project budget is approximately $700,000; 5300,000 from Stripper Well PVE funds
and the rest in leveraged funds from public and private sector sources.
Task 1: Desi"n and Construction of:\IetaIlAir Fuel Cell Stack
"
S200k
Private funding
Chula Vista - PVE
5114,000
S 86,000
Task 2: Design and Construction of Electrolyte Management System S220k
Pri vate funding
Chula Vista - PYE
S 125.400
S 94,600
swc~ulav
Iv.. Jj ;)
February 1998
00
Task J: Design and Construction of Air Management System
S 40k
Pri vate funding
Chula Vista - PVE
524,000
516,000
Task 4: Design and Construction of Metal/Air Fuel Cell
Controls and Instrumentation
S40k
Private funding
Chula Vista - PVE
524,000
516,000
Task 5: Installation of MetallAir Fuel Cell and Drivetrain in Electric Vehicle S80k
Private funding
Chula Vista - PYE
548,000
532,000
Task 6: Design and Construction of Refueling Station
540k
Private funding
Chula Vista - PVE
524,000
516,000
540k
524,000
516,000
540k
524,000
516,000
5 7,400
Task 7: Vehicle Testing and Troubleshooting
Private funding
Chula Vista- PVE
Task 8: Public Demonstration
Private funding
Chula Vista - PVE
Project Management: City ofChula Vista - PVE
D. RF.STITulTONrrARGETED POPUI.ATION
California has developed a well balanced and multi-faceted PVE program which benefits
each of its economic sectors. Expenditure of Stripper Well funds for the city's zinc air
demonstration project will not only benefit those citizens of the City ofChula Vista, but
also the citizens of other municipalities which can benefit from Chula Vista's experience.
This project will reduce the cost of owning and operating an electric vehicle by increasing
fleet buyer options when the vehicle becomes available. It also furthers the development of
critical fuel cell technologies for the future and for a variety of applications beyond single
occupancy vehicles.
swchulJV
/tJ-I(J
February 1998
29
E. PROGR"M "UTHORIZATfO'l
This project was approved by the Legislature and Governor of the State of California in
Senate Bill No. 368, Chapter 659, Statutes of 1997, and is in compliance with the Stripper
Well Settlement Agreement, Case M.D.L No. 378, Section ILB.3.f.
F. COGNIZANT AGENCY/CONTACT PERSON
The California Energy Commission is the state agency responsible for submitting
California's Stripper Well expenditure plans. This program will be administered by the
California Energy Commission. The Energy Commission contact is Susan Aronhalt,
Administrative Services Division, (916) 654-4204. The City ofChula Vista contact is
Barbara Bamberger, (619) 691-5296.
G. CERTIFICA nON
Date:
swchulav
In preparing this Stripper Well expenditure plan, the State of California has complied with
all the terms and conditions set forth in the Stripper Well Settlement Agreement, Case
M.D.L. No. 378.
FE8 Z ~ 1998
\.-
<(\)'
STEPHE:--; RHOADS, Executive Director
)v-IV
February 1998
BUDGET
Salaries and Wages
Environmental Management Assistant
(approx. 250 hrs @ $9.00 - $12.001hr)
Benefits
Medicare (1.45%)
Pars (3.75%)
Total Benefits
Travel
Airfare to Sacramento
Lodging (S79 + tax)
Per Diem
Misc.
Tota] Travel
Consultant
Technology Transfer
Contractual
Metallic Power Inc.
Supplies and Equipment
Other
TOTAL
MEM-97S-040
$3,000
40
I] 0
150
17 -
-)
lOa
40
15
300
4.000
292.550
- 0 -
~
S300,000
Total project cost is S700,000. Metallic Power Inc. ",ill contribute the additional S400,000.
) t/ .- ?/5"
~1
RESOLUTION NO: s:e-O<5-~
STATE OF CALIFO~~IA
STATE ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
RESOLUTION
WHEREAS, Chapter 659, Statutes of 1997 (53 358) included
aoorooriations from the Petroleum Violation Escrow Account (P~~)
f;= 98 legislatively mandated projects (as detailed in Attachment
A) which will be flli~ded through the California Energy Commission
(the Commission) as grants; and
W:>-fEREAS ,
executed on a
the Commission
timely basis;
wants
these
gra:lts
approved
and
T~:=:?~?O?""=: J
32 IT
subject
?..'=:SOLVED, t.na:
to the f::Jllowing
t:;.e g=-a:lts
:)rocecures:
lis':ed
i::
At tachme:rrt ~"A. be
1 The Exec~:ive Director, or ~~s designee, shall ensure that each
grant meets the requireme~ts fo= p~~_ fundi~g and consticuces a~
appropriate use of public .:unc:.s I relative to tne Commissio:l' 5
experience wi:~ c8mparable qra=:s a~d p=ojectsia~d
T"""~.,....=,....-,.......,....
"-J-___~'='~I
pt.:..=s~a:1t
2. Upo~ ccmple:io~ of t~e ==ocess
0:::- :::'5 desig::ee I
to =~is =esolutio~ i
c.esc.:-i:::Jec.
5::a2..1
exec:..:.te
a~ove, t::e
eac:: s-=a::=
~xeC1,.l~~ve
app=ove-:i
c:._.:._
3 - P-.......ly amendme::c--including c~me-exce:lsion, budge~ revisio:1 0::-
modification in the te=~s a~d conditions of the g~a~ts--s~all be
a~o~ovQd 'ov -~Q a---oo~~--o rom~~-sio~ D~OJ'QC- Ma~acQ~ as WQ1i as
=-'- - - ... ---- ~.:-'- _ ....._c,___ '- ......_.::1 _ .:._ ........ '- '- l. _.. ....__ ____
G=a~cs and Loa~ Office &~alyst for t~e affected grants, provided
that the ame~dment does not co~s~itute a substantive cha~ge in the
grant.
DA7~2: April _~, :938
Pt~td d
~;;'~lID A. ~O::Y,
"',li=e C::ai=
~N~~G: ~~SOu~C~S CONS~~~~7ICN
.~'::-T7J D~V=:~O?~~NT COMMISS ION
At. cac:-~;ner'.:'
/?J<-~ b
32
:.;, . _ ..._.-_"!":"~l _ ..
Amount
In Thousands
ISO
~Ol
115
250
100
200
1821
86
I 54
I 70
I 45
I 50
I 125/
I
I 100/
1001
I
200 I
1501
501
1001
iOG!
I
0" I
_...J;
-a I
i.:J 1
501
50 I
I
i 10 1
., -
, .~
100 ;
I
90 :
50 :
I
. . - I
! ,:JI
tOO I
~O I
I
I
!
--I
/:JI
I
50 :
.:.5 :
"
"
~'J=~ G~"'\."~:-S r=OR ;:.,. 97:ge "S3 J63 _ c.~ 55~/9i)
Cn 659 Relerence - Des:rrpl,on
. CALIFORNIA ENERGY COMMISSION
; S2C 1 (,3)(2)(A)C1r'j cf ?asacer-:a :0 =1e::::lace .:.....:ea~jn;.!.. ;.l.;," Cendltlonlng
i ::::L;lcr-:enr fer :."":03 Jac~;e HC::Ir:son C2nter
; S2C I (2lr2)(3)CIt'/ of 191":1Ple Clrv ter AIr. Fuels Van/cle Prcq.
: Sa: :(aJ(2}(C)CIt'J of ?asace~a:a replace ,""iearIr.:; 3. AM-ClJnCitlonrng
; E::uiDf7':e:1~ for :ne Hasrinqs Litrarv
i Sec 1 (a){2)(DjCltv or aur~ar./( ter =iecrnc Vehlc~es
i Se= 1 (a)(2)(::JCor.1mUn'CI ="nancemem Ser/. Icr ::nergy Audits,
I Wearnerizaricn. Aooliance .=!eolacemer:r and ::,--:e."':;,':I E'=uca:icn and =val.
I Sec 1 (aJ(2J(f')Ciry at ,Redondo Beacn ro Buy-Down "Hemarive f'uel
i V2nic~es and ,=!echai"cinq lnfrastructure
: Se= 1 (a)(2)(G)C,lV ct ,'-'lodes:o tor ,-NAC lor MOdes:o ...."qn
: Sa: 1 (a)(2)(H)Clt'J of Turtock tor AIr Condo and i-iea:rng =~ipmem
for POlice Acmin, Community Service and Succor.: Services S/dq.
'See 1 (a)(2)(I)Cir{ cf A~arer ~cr Air-Cond. Replacement fcr Civic Center
I Sac 1 (a)(2)(..J)Counrv ct San JcacUln to Purcnase an Alt f'uel Vehicle
I See 1 (a)(2)(K)Counry at San ..Jcaouin 10 Purchase an All. f'uel Vehicle
I See 1 (a)(2)0_1City at Manreca fcr :nergy ::ftic:ency Upgrades to the
, Parks and Recreation Buildinq at City !-iall
I See 1 (a) (2J (MJWest Angles Comr.1un,ly Develoomenr CorporatIon lor
' D9vgrccl7le.'1t of Solar Technolc ies
I Sec 1 (a)(2)(N)f'AM:: Renaissance a Division at f'A,\I:: Ass:. Cor,O. :0
Ccnc~c: =ner AL.:cirs of 3L:sinessas and House,10lds
S~:: 1 [a){2HO)Cit'.l of C~iver Citv ~or Alt. ,=uer Infiasr,'"!.lc:ure
Sa: 1 (a)(2;(?)Sourn 3aJl Uniffe= SC.""lCOJ Qist. in im;e,-;aI3each fer
' {ns:211. of Solar =nei".... T~ch, ter SC,"1aols and Oti:e:- ?:.:5, ~ac. of Dist.
,Sa:: i (a)(2)(Q)Ci ~f San Jose ~cr Ucnt-::mminc Dicce Irati'. Lar. Canv.
· See 1 (a)(2)(R)Wes: Valley-Missicn COr.1munlly Ceilege Distric:
tor Teiecot71l71utir: Canter ?:o,ie-::
: SaG j (a){2}(SJUr:lan Cor:::.s Of Sar. Dleco for an Alt F:.:e! Veiijc~e
Sac 1 (a){2) (j)Cirv of San Dieeo ~c; an ;'.Jt. Fuel V9r.lc~e
Sa:: ~ (a)(2;(Ij)t....lenc::c:r~c 1....;r,Jt. Se,icei JIS: fer ,A.j~ =;'9:-';'1 .=ea:Lires of
:,"":e ,";;::icn SCiIcc:1 =:::!ee~
32: ; ,:a.) r.2) (\j)N::i.r': Ccasr SC.iCC: Ccr;scr.iur;-: ::: .=:e,::IC:.ca =. ,/,:;e ~
3!..:s w:,!",: 2.:-: Alt. F:..;e! SCriCClct,;s
S.ec ~ (a;[2J{'NjCculir- of '=,esno ~:r ,:l....:rc,'ase Gf Alt. ,=~E: 3Cci<..71ocde
Sa.: t (al(2)(X)Cr!'1 ct :'<ia:ional C;~I ter Civic Cenrer Hea::n 3. Coolin
: Sac j (a)(2)(Y)Saurneas:: Cammur.r:y Oeveloomem Cere. fer a:-: AIr. F:.:el
Sr,(;t::e Preie::. Train 'N \N~eejs
~ Sac i (a)(2)(Z)F...er.;Gr.~ ~r.it. SC:1CCI Jis~ to Suire an Ai: Fwel \/enic~e
i ,=uelin Faciliry
t Sac 1 (a)(2)(AA)Santa ManJca .'vli..:nJClpaJ 3us Lines for :xpar.sJcn Of
3ic 31ue 3us 110:: Shu::Je Ser'lice
: S-=,: i (a;(2)(53)Ci:y cf San Ga:Jr'ei tar :-iea::n;, Ve,oo::;la::c,-;, l~'d:--Ccnc.
',JGci"a~es f8r Sari Ga::rre! Ci'/ic A:..;c:tcr:ur.-:
S-?C 1 (a),'2)fCC),4L'"':a,'i::r3, SC.:~C' ::s:, :0 ?:.JrC."iasa ar: ,:',:,=:..;e: \/S!:'1Ic:e
: S~: ; ~a~<2;(GD;Ci~ ct ,-:a:/'Na...::1 :c ?:..;r:.--:ase GNG .=::'N::r2: \/e,"":lc:e ar.~
=:ec~i':c ?8'Nerec: VS!,itc:e
i Sac i (a)(2)(==;Sa(1:2 Ci':"':z ."'e:rCGClit2n Ii"ansi: Dlst. ,'or A::. '=:..;el .:::)i"0<;;.
: Sa: i(a)(2)(:=.=)SonOI.':2 State Ur.IV. fer Je'lelopmem of =.'1Vrrcr:men:al
' -2C;:. Center tor Sus:ain2::la Ar::-:l:a:,ure ar.:::: =r:e:~ =t;"jcie~c'l (ETe)
: Sa: 1 (a;(2;(GG)Ci:y a~:: Ccur.ry 8f San ,=...anc:sc~ Oe:::~. ~t ?ar...;:s ~er
::l~=r:...a;:-: Oa'/eJCCi.-:er-:: ar.~ ,::lr2!ir.--::r.a,"'/ :JeSl~n ~cr =!ie...:;y ,::~::ie::s
,'s; :;e ,=~e5;C:1C St..:s:a:r.a::;la 7"ec.'":r.CleC'1 Jer.-:er.s:ra:::::r: ':e;""'1:.#
~ Se: i (a;'2;(!-~.~)C,('I :::t .....lcr.:e:eilc ~or ar: ::;:ergy =~c:er.: '/3i":'a=~e
S::::e-2:: /1/ a:er:l:..;r.-:::
S~: ~/a):2:(IJ~C'':'1 ::~,:l'::S:::L;:-:: ,'cr =.~e~::'1 _.~ VAC S'/S"::.. ,'cr C,:-'I GVf7':
.3-?: : ,'20: '2)r...:....:C:.i ::~ =:::3::::"';;: ,'Sf :"-:5<..;!.3::;C"-: .:::f CliY Ctf:C:S
~=C.J:-!'C:: -';'=r -,;e
) (J- 1/ ;7
33
;J.1~e r
;:J'J~..\ G?ANT3 FO,~ FY 97"/93 (sa J63 _ C" 559/971
C,., 659 Reference - DescriPtIon
Amount
In Thousands
::3dC r (~;/2)(:-<K~CCr:i .::rcr. Comm Ccl1e-:;e tcr an A:t. Fue! Venic:e ?roq. ; 75
3-=:: 1(3),'2Jt.L:""jCc'.Jn:'1 or Orange ~cr an AIr. Fuel VenrCle Program for /
:r.e CO'...u-:r'l Ccnse,....;arrcn ccr:;s 125
.3.e~ 1(d)(2)(.'vll\f)Sac:-ar.-:erHO MunIcipal Utility Olslricr (SMUD) en
::e,'"':aJt or Sacra. Ccun:,/ Lecal .~a -Use AUrhori:y and Sacro.
I =Iec:nc Tr3.ns~. Coalition far ,=~ndjng fcr Slec. Shuttle and Fuel
, Cell Sos Developme~t and Demonstration Prcleet 2S0
: Sec 1 (a)(2)(NN}COUf1t'1 cr Tulare ~o Imall New VFO at Various Co. Fac. I 100
; Sec 1 {aJ(2J(OO)City of =1 Cajon :0 Reolace Outdated Ltg. at Soons Fields I 80
: See 1 (a)(2) (,C,C)Riverslce County for Funds to Replace County's 1975 I
, GerStenlager Book,.,-,abile with UoCated Alt Fuel-Powered Madel 169
Sec 1 (a)(2)(OO)Cirl of Lompcc to Continue Weatnenzation of Homes I
.'cr L:::w-to ,'vlocera:e-Inccr:-:e MasiCen~s 100
; .se: ; (a}(2)(RR)Regen,s of the Univ. of CA. IrvIne ,e Expand and Utilize the I
Caca=lty of 1,'1e National Fuel Cell ,'lese arc" Center 210
See 1 (a)(2)(SS)San Jose USD lor Replacement of Dresel Powered Bus I
I i"leet with Natural Gas Vehicles 200
; Sec 1 (a)(2) (iT)Ventura County Air Pollitian Control D,st to Purchase I
i ::Iec. Vehic>!s and Related Recharqinq Infrastructure within Dist 125
· See 1 (a)(2)(tJU)Salinas City School Dist for Natural Gas School bus I 120
,See i (a)(2l ('N)Berrye ssa USO for Clean Natural Gas SChoclbus I 120
Sec 1 (a)(2) (WW)City of Del Mar to Replace Existing Gasoline Vehicles I
wit~ CNG Vehicles 65
'., . {')/2'IXX)a"d Sec 1 (a)(1 )(A)Pa:roleum Tec~. Trar:ster Council at Univ of I
,;:'-::._ 1,_ " ,. I.
Sc. CA :0 Assist Oil an:: Gas ?roc. =xrend =cor. Life of PiOC. Reservoirs r 300
3-=: i(a){2)(Y"Y)Lamor:r:ca Senool Bus A,;ency for CNG ,=uelin,; Station I 200 I
.soS: i (a)(2)(ZZ)CA S~a:e ?ciYleCilr.ic Univ. Pemena for Center for Light I
=-=uca:ion and A:JoJie:::: ,=!esearcn (CL=AR) laO
: 50S: : (a)(2) (AAA)Ci:y ct A..--:aheir.-: :0 ,::l!..:rc;;ase ::ec. Vehic~es anc::: I
~e!.ated Hec,1arCir.g :r:f;"astr...;c:ure 225
,3e: ; (a)(2)(333)Clty ct Oceanslce fer Peqlacement ot ,..,earll-;g. Ventllatlon,
~:-::::: Ai'r Conciticr.ir:c SI/S~2:'7":S with =r:ejgy =:7. Ur.its
3~: ~ ':a)(2j(CCC)Cicy cf ,~j::::~ecres: to Complete 9 ?rcjec:s ~cr CiVIC
:e.,,:,er CCr7"::;iex:c .~:,0(3 it ,'vlcre =ner::v =fticient
50S: ~ (a)(2)(QDD1C,t'1 =fJe;2riO :0 .::l.....r:nase 2 CNG j ra:1sit Ve;-:icles
. 3e: ~ (a)(2)(===)Cir,l ::t .:.(2r,,,2.., fer INeflsi:e SCAOA Svsrem and ?!...C Controls
,5,,: . la)(2JIFi",=jBu;:e C<:ileee for ?~rchase of New CNG Buses
. So?:: 1 (a)(2)(GGG)Ciry sf Sac:o fer .::lu rc:-: ass. and .::llancing ot j ..ees for
=.'1e;;;'1 Conservation and ::fi"iciencv
. S~: 7 (a}(3)(AjCA Sta:e ~nlv San Dleco ~or Oev. of Hvbrid ::.€c. Venic.
: See i (a)(3) (3)Town of Yucca Vallev for AI!. Fuel Infrastructure
i See 1 (a) (3)(C)Sonol7'1a S:ate ~niv for Dev. of =nvironmental Tecnnology
! Ganrer ~cr SL:s:air:a::ie Ar::tiitec:ure anc =nera< Efficienc
; 32:: 1 (a.J(3j(D)City of Sa:;:a ,=g Sonngs fer AI! ,=:.:e! Venlc~es ar:c Related
r.........as:;uc:u;e
; '::E:: ~ ':2) (3) 1:=jF;as....c .~e=:::r:aj .=:::.1r:car:cr. ,::n ::enalf 8: :rle Sar. ...'caquir.
lade,! Claa.1 Air Tra.....s::::r:a:icr. C.::alir:cn ~cr !...iquified :\Jarurai Gas ~ue'in:;
S:a:icns .'er San Jca=:":I;- 'lalle'l Clear. ,=uel CorrrC:::or
i 3e: : (a)(J)(F)Comcrcr: CCfTlr:"1Unl. Cellece fer Alt '='JeJ Venlcles
'Se: : (a)(J)(G)C;ty cf ,\la"~a::a~ 3eac~ fer Alt ,=oel Venic~es anc
I =:e!atec !nf..-as:j'J::ure
100 I
125 !
1561
50
laO
S5
300
300 I
175 !
~ 25 ,
. ,
500 I
60 I
75/
,Sa: ; (a)(3){:-i)Ciry or \Nes:. ~ciIY'Ncec fer All F'...;ei Ve,,,:ic~es ar:c .~eiateC
;::~as:r'..:c::..;re
~-?: 'a,!"J),':\C;r'/:f.N;r::~'s '8r Aj~-'..;ei "/et~IC. 3.r.C ,=!eiare::: in:jas~;uc:ure
S~: .'a.~(3)(-'~.sL.::"'e" Cc. '::; Ai, ,=~e; \Ier:. ar.:::: ,=!ala~ec !r.:rastruc:~re
S~: ~.a:}(3JU<;~a~=r.:s .:::f :.-a '~.r.J'; .:;r CA. J2.V1S, fer rr:e .~esear;::1 and
:~'/~IGc~a"":[::r a: ~'/Cj;:::: =:ec:::: '/enlc:e
~2: 3.: <r:I~:'Cltv :t Se.3.i 32a.C.'"1 ,'cr air. ='..:er '/e.-: ar.c =1ela:ec infras.
:'I~.: 'a)i]):',\'I:Cd'l :::t_cr:: 3=::c.-: Ocr Ait ,=-..;e~ \Jer.:cies 3.(:0 ,=ie!2:e:::: int:-as
1751
150,
100,
I
50 i
250 i
175 :
_::0::=:..:0:: .;::; - .},:;r - ~e
/u'-fY
P..,..,.?
-" ~ -
?'/::"\ G?AN-:-S cOR c'; 97/93 (S3 363 - C~ 6S}/971
C~. 659 .Relerence - Description
Amount
In Thousands
s-=~ t (a: (J) (N)Sur:Jir.e T..-ar.Slt A-encv fer AIr. '='..:el V-=,"":lc~es I 200
, S.ac :(a)(,J)tOjClty of Sar.~a Crarrra ~cr Air FuellJen. 3,.';c ?aJa:ed Infras I 100
is.aC : ra) IJ)lP)Golcen :;.1pire Transit QiSl ~cr Alt Fl,;ellJen. and lntras. I 200
Sec ! (a)(J) (Q)Clrv or San LUIs Obispo tor E!ec. 8arterv Powered Venic!e I 100
'Sec 1 (a)(J)(R)CI!y 01 Chula '1is:a rer Developmen: cf Proto!yce ZInC- I
, Air ,=.....el Call Electric ?iCIcLJO TruCk JOO
; Sec 1 (a) (3)(S)Coun:y of Los Angeles rer :Iec:nc Ven,cles and ,qelated I
, ,=1~c,"arcjnc infrastructure
I 175
! Sec 1 (a)(3J(T)Buroank Alree" for PurChase of All. Fuel Vehicles I 150
I Sec 1 la) (3)(U) Moun:ain View SChool Dist for Alt. r='JeJ Scnoolbus I 115
' - -
'''ec 1 (a)(3)MMendoclno Council of Gov. for Zero -=m'sslon Vehicle
I Demonstration ?roie~:
Sa:: 1 (aj(3)rN)West Valle' ,'Aission Ccmm. Cell. Dist for Air. Fuel Vehlc!es
: Sec 1 (a)(3) rx)CI of Thousand Oaks lor All. Fuel Veh. anc ,qelated Infra. I
i Sec 1ia)(3)iY]Sac:o Ci. USD for install of Ener Eft. Uo races a: Puo. Scheels
I Sec 1 (aJ(3)(AA) Lynwood USD for Installatien of Energy Eft. Upgraces at
I PuOlic Sehools
i Sec 1 (a)(3)(B3)Sournem CA Edison Co for aSSIgnment to Ecison
I Technology Solutions for the Distributed Generation Research
I Pro ram, Includin the Edison Solar Nei hborhood Proiec:
,Sec 1 (a)(3)(CC)San Fran. Cir Coli. for Ins:all. of Ener Eft. Uo rades
i Sec 1 (a)(3) (DD)Ci!y at Modesto for Installatien of :nergy Eft. Upgrades
i a: ?ofice Slept., Maddux Youth Center and McHen Museum
: So:?: ~ (a:r3)(==1Cirv of Caras far Install. ot ::nercv ::ff. U::Jcra::es
: Sa: j (=)(3)(;=~)Ragen!s of me Univ. of CA, Davis, fer ~he Energy Ef"ticienr
F:;ice Straw Dis:Jcsal Demonstration ?rocram
. Sec ; (a)(J)(GG)Lcgan :-:eign:s Family "ealm Can:er :or Ins:allation of
' =..-:ar'-'" =.IT. Uocraces at S::rin Valle' ~amHv i-iealtr: Center
; Sa: ::a)(3)(HH)Cit'j of =1 Cater. fer !r.staJlar:cn of =.1er;;y ::ft. l...ipgrades
a: t1"":e Cj~ Hall ana ,::Jolice ::Jepa~mem
: Sec ; r:a)(3) (:1)Ci:y ot Gle:iCa:e fer lNea:r:enza:icr. ?rcgra:71 fer Single
I =:.,-::: ,\;lL.:I:;famjjy Owellir:::s
: 2e: ~ :a){3) (";";)Ht..;m::clc: Ar:s CC~,;c:1 ::'..:.'"e.:"a fcr =:~e...;y =~. :"':.::lgrates
a: :,'"':e C3.,-~eqie~;::r2.rl
: Sa:.~ (.:),:3)(:-<~C:a;k2 ,\.ler:-:cr:al ,\.1 L..: 52'..::71 , =:....:rB.:..;a =,~er;y =;'7iclen. Upgraces ra
\/,;:,~::c.ws
i Sa: ; (2.1(3){~~)C,J or Joe! .~cr:E ~cr ::!18r. =~. l..'cgraces C...:,~cL.;se Annex
: 3a: : (a)(3)(,\.tM)Ccunry :;t SClanc tar ::;18:. Etf. L.;pg...aces at ~accra:ory
:n VaJ!e:o ~aaJ:h and Sccial Services 3L..:ilding
; 52: ; (a};:3)(NN)Can:...a CCS7a Ccs.a fer Ccr:struc. ef Digital Microwave
! CC:"':'/e.""sicr. ,::Jrciec: for Teleccr.1r:1utin ?:;...::::oses
Tcral Energv Commission
20 I
75
100
175
175
600
425
200
45
200 I
50
75/
6-1
~,
80 !
,
i
5i
501
200 I
200 !
$ 13.488
.?,""olec:s listed as -an" a!te.....-:ativ~ fuel v~hjc!e, or alternative fuel vehicles an::Uor related intrastruc~ure
s."-:a!l :TIea~ ::one or mere altej"ijative fuel vehicles anGlor related infrastructure. These vehicles may be
e~~t;gr ;wr:::,"1asec or leases.
_="-:.J.:~-; :.:-.:.=,-:;.'3
/0-7"7'
35
?3;e J
SPECIAL CONDITION
I. The City of Chula Vista will provide to the Energy Commission an original signed resolution
(or original certified copy of same) authorizing acceptance of this agreement in the amOunt of
$300,000 and also designating the person, by title, authorized and empowered to execute in the
name of the city all contracts, agreements, and amendments necessary to implement and carry
out the project as defined by this agreement. This resolution must be provided to the Energy
Commission before any work is started and payments of Energy Commission funds are made to
the city for work undertaken under this agreement.
2. Metallic Power Inc. will provide a certified statement and/or a corporate resolution
authorizing the company's investment of the private sector funds as match necessary to complete
phase III of the MetaVAir Battery (Fuel Cel!) Development and Demonstration Project. The
Commission is providing a grant of$300,000 to the project budget of$700,000.
/(//t5t!7
~"
wnt-Jt+trnffL'I L/
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Metallic Power
for
Development of a Zinc Air Fuel Cell Electric Pick-up Truck
This agreement ("Agreement"), dated February 16, 1999 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 or
business and telephone numbers aye set forth on Exhibit AI
paragraph 6 (" Consul tant"), and is made with reference to the
following facts:
Recitals
Whereas,the Consultant shall complete Phase III of the
metal/air battery development project, and;
Whereas, Consultant shall demonstrate a zinc air fuel cell
and vehicle consistent with the City's Stripper Well grant
application as approved by the U.S. Department of Energy; and
Whereas, Consultant agrees to all requirements laid out in
the CEC Contract Award MEM-973-040 between the City and the
California Energy Commission; and
Whereas, Phase III will apply the results of Phases I and II
to produce and install a 120-kW propulsion system in a pick-up
truck and demonstrate the truck; and
Whereas, the battery will be potentially rechargeable in 10-
15 minutes and will give the truck a range of 300 miles; and
Whereas, Consultant warrants and represents they are
experienced and staffed in a manner such that they can prepare
and deliver the services required of Consultant to City within
the time frames herein provided all in accordance with the terms
and conditions of this Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree as follows:
2ptyll . wp
July 1, 1997
Standard Form Two Party Agreement (Sixth Revision)
Page 1
/r-" ~
/U.-!-. I
/ //
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 "GeCleral
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work aCld
Schedule", not inconsistent with the General Duties, accordiClc
to, and within the time frames set forth in Exhibit A, Paragr~ph
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 D~ties
and the work and deliverables required in the Scope of Work aCld
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 oy
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 compensaticn
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
"Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
E. Standard of Care
2ptyll. wp
July 1, 1997
Standard Form Two Party Agreement (Sixth Revision)
Pase 2
//"-t::,
/V /u
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
Consultant, in performing any Services under this agreement,
shall comply with any and all provisions found in Paragraph 18 in
the CEC Award MEM-97S-040 listed under ~Standard of Performance~
as follows:
Recipient, its subcontractors and their employees, in the
performance of recipient's work under this award shall be
responsible for exercising the degree of skill and care required
by customarily accepted good professional practices and
procedures used in the scientific and engineering fields.
Any costs for failure to meet the foregoing standard or to
correct otherwise defective work that requires re-performance or
the work, as directed by Commission Project Manager or his or her
designee, shall be borne in total by recipient and not the
Commission. The failure of a project to achieve the performance
goals and objectives stated in the work Statement is not a basis
for requesting re-performance unless the work conducted by
recipient and/or its subcontractors is deemed by the Commission
to have failed the foregoing standard of performance.
In the event subcontractor fails to perform in accordance with
the above standard:
1. Subcontractor will re-perform, at its own expense, any task
which was not performed to the reasonable satisfaction or
the Commission Project Manager. Any work re-performed
pursuant to this paragraph shall be completed within the
time limitations originally set forth for the specific task
involved. Subcontractor shall work any overtime required to
meet the deadline for the task at no additional cost to the
Commission;
2. The Commission shall provide a new schedule for the re-
performance of any task pursuant to this paragraph in the
event that re-performance of a task within the original time
limitations is not feasible; and
3. The Commission shall have the option to direct
recipient/subcontractor not to re-perform any task which was
not performed to the reasonable satisfaction of the
commission Project Manager pursuant to application of (1)
and (2) above. In the event the Commission directs
recipient/subcontractor not to re-perform a task, the
2ptyll. wp
July 1, 1997
Standard Form Two Party Agreement (Sixth Revision)
Page 3
/- -..--::>
/t> ,-.-s .J.
Commission and recipient shall negotiate a reasonable
settlement for satisfactory work performed. No previous
payment shall be considered a waiver of the Commission's
right to reimbursement.
4. Nothing contained in this section is intended to limit any
of the rights or remedies which the Commission may have
under law.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, 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 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").
Errors and Omissions insurance, in the amount set forth In
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(l) 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.
2ptyll.wp
July 1, 1997
Standard Form Two Party Agreement (Sixth Revision)
Page 4
) (7-~<1
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.
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 by a surety and in a
form and amount satisfactory to the Risk Manager or City
Attorney' which amount is indicated in the space adjacent to the
term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
to the bank a letter, signed by the City Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
2ptyll.wp
July 1, 1997
Standard Form Two Party Agreement (Sixth Revision)
Page 5
.---"
//{J- 00
.-/ .-/
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 monthly, on
the day of the period indicated in E~~ibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by Consult-
ant 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 ~ 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.
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This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
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
RateH) .
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
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goveynmental 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 which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
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promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees)
arising out of the conduct of the Consultant, or any agent or
employee, subcontractors, or others 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. 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. Further, Consultant 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. Consultants' indemnification of City shall
not be limited by any prior or subsequent declaration by the
Consultant.
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
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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.
It is understood and agreed upon by the parties to this agreement
that:
a. Funding for this agreement is subject to the approval of the
United States Department of Energy and to any additional
restrictions, limitations, or conditions imposed by the
United Stated Department of Energy, federal law, federal
court judgements, and/or federal agency orders which may
affect the provisions or terms of this agreement.
b. The Commission has the option to void that agreement with
the City under the 3D-day cancellation clause or to amend
the agreement to reflect any reduction of funds, and in such
a case it is the City's option to cancel or amend the
agreement with Consultant to reflect any changes in the
City's agreement with the commission.
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11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the
Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
The City and Commission reserves the right to use and reproduce
all reports and data produced and delivered pursuant to this
agreement, and reserves the right to authorize others to use or
reproduce such materials. Each report becomes the property of
the City and Commission. The zinc/air vehicle will become the
property of the City upon completion of the program, unless
otherwise agreed upon.
The City/Commission shall be granted a no-cost, nonexclusive,
nontransferable, irrevocable license to use or have practiced for
or on behalf of the State of California the subject invention(s)
for governmental purposes. Recipient must obtain agreements to
effectuate this clause with all persons or entities obtaining
ownership interest in the patented subject inventions,
The City/Commission shall be granted the no-cost use of the
technical data first produced or specifically used in the
performance of this grant,
The City/Commission shall be granted a royalty-free nonexclusive,
irrevocable, nontransferable license to produce, translate,
publish, use and dispose of all copyrightable material first
produced or composed in the performance of this grant.
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
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fede~al 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 procedu~es 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
ove~ 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 p~evailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant 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
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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 Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
G. Compliance with CEC Contract
Whereas, Consultant agrees to all requirements laid out in
the CEC Contract Award MEM-973-040 between the City and the
California Energy Commission.
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Signature Page
to
Agreement between City of Chula Vista and Metallic Power
for development of a zinc air fuel cell vehicle
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:
19
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated:
Metallic Power
By,~4L
Y; Corn, CEO
Exhibit List to Agreement
) Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
Metallic Power
1. Effective Date of Agreement: February 16, 1999
2. City-Related Entity:
(X ) City of Chula Vista, a municipal chartered corporation
of the State of California
("City" )
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4.
Consultant:
Metallic Power
Jeff Colborn, CEO
5. Business Form of Consultant:
( Sole Proprietorship
( Partnership
(X Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Metallic Power, Inc.
Dr. Jeffrey Colborn
477 Marina Parkway
Chula Vista, Ca 91910
Voice Phone: (619)498-8600
Facsimile: (619) 498-4969
7. General Duties:
Consultant shall complete Phase III ofthe City's metal/air fuel cell (battery) research and
development project and shall apply the results of Phases I and II to produce and install a 120
kW propulsion system in a pick-up truck and demonstrate the truck. The project will
demonstrate a small pickup, such as a Chevy S 1 0 or Ford Ranger, powered by the metal fuel cell
developed in Phase 1 and II. Consultant shall enable such a zero-emission vehicle to ultimately
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be reproduced for fleet use by the City and others. The battery will be potentially rechargeable in
10-15 minutes and will give the truck a range of 300 miles.
The City shall sponsor a portion of this project; other co-sponsors must include funding from the
private sector and the South Coast Air Quality Management District. The city is requiring that
Metallic Power share the public sector costs with private sector investment at the time of each
phase being completed. This approach assures private sector buy-in, support, and participation in
the development of this technology.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The CONTRACTOR shall perform the following tasks as part of an overall project to develop
and demonstrate a zero-emission vehicle with a projected range of 300 miles and recharge time
of 15 minutes:
TASK .5:
Submit Final Specification of vehicle and propulsion system to the CEC
Prepare and submit final specification of the vehicle and propulsion system to the City and
Commission Project Manager
Due Date:
March 31,1999
TASK 1:
Design and construct metal/air battery (fuel-cell) stack.
Design and Construction of Pilot Air & Electrolyte Management Systems
Due Date:
December 31, 1999
Task 2:
Design & Construction of Vehicle Electrolyte Management System according to
specifications.
CONTRACTOR shall design, build, and operate an electrolyte management system capable of
continuously regenerating the electrolyte for a 20kW metal/air system consisting of20 power
modules. The system shall include means for removing hydrogen gas generated by fuel
corrosion (if necessary), and it shall include means for easily removing reaction product within
ten minutes. CONTRACTOR shall design the system to minimize weight, complexity, cost, and
maintenance requirements. CONTRACTOR shall build a new, multi-module, 20 kW test rig.
This test-rig will be used to test various systems and components of the metal/air power source
on a full scale.
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Due Date:
December 31",1999
TASK 3:
Construction of Vehicle Air Management System - Design and construct air
management system according to approved specifications.
CONTRACTOR shall build and test the air management system designed in Task 3. The system
will be capable of continuously supplying carbon-dioxide-depleted air to a 20kW metal/air
system consisting of 20 power modules similar to the SGM. If necessary, the air management
system will include a soda-lime column to remove carbon dioxide from incoming air.
CONTRACTOR shall build the air management system and test it. Carbon dioxide levels
exiting the system will be measured as a function of humidity and temperature ofthe incoming
air. Measurements will be made at no fewer than five temperatures and three humidity levels.
The effectiveness of the carbon-dioxide removal system will also be measured versus time under
typical operating conditions.
Due Date:
December 31 st, 1999
Task 4:
Design and construct metal/air fuel cell propulsion systems controls and
instrumentation according to approved specifications.
CONTRACTOR will assemble, and test the metal/air power source to be placed in the ZEV.
This will include the cell stack (20 power modules), the electrolyte management system from
Task 2, the air management system from Task 3, and electrical systems. Temperature, flow, and
fuel level sensors will be purchased along with other required components for the ZEV metal/air
power source and its DAC system. CONTRACTOR shall expand the DAC system for use on
the ZEV. The DAC system will include a notebook computer with touch screen for data
acquisition and control during vehicle operation. The DAC system will monitor the output
voltage, current, temperature, and fuel level of the metal/air power source, as well as other
vehicle and drive train attributes. The power source will be tested at full power (20 k W) under
simulated driving conditions.
Due Date:
December 31 st, 1999
Task 5:
Installation of Metal! Air Fuel Cell and Drive train in Electric Vehicle
CONTRACTOR shall interface the electronic zinc/air battery and the lead/acid battery (power
management device) and design, build, and test system. All required drive train components
will be purchased and installed in the vehicle. The zinc/air power source will be installed in the
vehicle. Aerodynamic and other modifications to the vehicle will be made. The vehicle will be
completely integrated and prepared for testing.
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Due Date:
January 31st, 2000
Task 6:
Design and Construction of refueling station
Due Date:
January 31 st, 2000
Task 7:
Vehicle Testing and Troubleshooting
Contractor shall perform shake-down and other relevant pre-deployment tests on zinc/air fuel
cell-powered pick-up truck. CONTRACTOR shall test and prepare for long-range demonstration
drives. Any problems occurring with the vehicle will be repaired or corrected. Spare parts for
critical systems will be fabricated, and a "chase" vehicle will be outfitted for making emergency
road repairs on the vehicle during long-range tests.
Due Date: March 1st, 2,000
Task 8:
Vehicle Public Demonstration
The lEV will be driven from Chula Vista to Sacramento (approximately 540 miles), and back to
SCAQMD headquarters in Diamond Bar, CA. Driver to be determined prior to the
demonstration. The lEV will be recharged in 10 minutes or less only once between destinations.
The vehicle will be field-tested by CONTRACTOR together with personnel from the California
Air Resources Board (CARB) and personnel from sponsors of the project. Testing will be done
at sites specified by CARB, SCAQMD and other sponsors.
Due Date: May 31, 2000
Task 8b:
Place vehicle in city service to continue demonstration
Place vehicle in service. Operate vehicle over a six month period in specified limited-duration
opportunity demonstrations to achieve the restitution goals, which include petroleum
displacement, alternative fuel consumption and emission reduction, for the intended population
consistent with the approved or modified versions of the Stripper Well plan.
Due date:
vehicle in service
Restitution goals achieved
October 31 st, 2000
December 31 st, 2000
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Task 9:
Proiect Manal/ement and Reportinl:
Quarterly reports and a final report, consistent with the CEC Quarterly Progress Report schedule
as listed in AWARD MEM-97S-040, Section 8 for the project, will be prepared and submitted to
all sponsors of the project. Results of the project will be presented at annual review meetings if
requested by sponsors. CONTRACTOR shall give an oral progress review after demonstration
of the project. Reports are due according to the following schedule:
QUARTER REPORT DUE
January - March April 5
April - June July 5
July - September October 5
October - December January 5
Due Date: Quarterly Progress reports as identified in above schedule
Final Report: 90 days before end of project term
B. Date for Commencement of Consultant Services:
(X ) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Task .5: Submit Final Specification of vehicle and propulsion system to the CEC
Due Date: March 31, 1999
Task I: Design and construct metal/air battery (fuel-cell) stack.
Due Date: December 31, 1999
Task 2: Design & Construction of Vehicle Electrolyte Management System according to
specifications.
Due Date: December 31 ", 1999
Task 3: Construction of Vehicle Air Management System - Design and construct air
management system according to approved specifications.
Due Date: December 31 ", 1999
Task 4: Design and construct metal/air fuel cell propulsion systems controls and
instrumentation according to approved specifications.
Due Date: December 31 'I, 1999
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Task 5: Install metal/air fuel cell and drive train in pick-up truck and procure pick-up
truck..
Due Date: January 31 ", 2000
Task 6: Design and construct fuel station according to specifications
Due Date: January 31st 2,000
Task 7: Vehicle Testing and Troubleshooting
Due Date: March 1,2,000
Task 8: Vehicle Public Demonstration
Due Date: May 31, 2000
Task 8b: Place vehicle in city service to continue demonstration
Due date: vehicle in service October 31 st, 2000
Restitution goals achieved December 31 st, 2000
Task 9: Project Management and Reporting
Due Date: Quarterly Progress as identified in above schedule
Final Report: 90 days before end of project term
D. Date for completion of all Consultant services:
12/21/2000
9. Insurance Requirements:
(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) .
10. Materials Required to be Supplied by City to Consultant:
N/A
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, and as required by the CEC in AWARD MEM-97S-
040 under Section 12 entitled ~Contracts or Subcontracts~, single
fixed fee in the amounts and at the times or milestones or for
the Deliverables set forth below:
Single Fixed Fee Amount: $292,550
follows:
, payable as
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Milestone or Event or Deliverable Amount or Percent of Fixed Fee
Task .5 &: Submit Final Specifications
Task I: Design and construct metal/air
battery (fuel-cell) stack. $86,000
Task 2: Design & Construction of Vehicle
Electrolyte Management System $94,550
Task 3: Construction of Vehicle Air $16,000
Management System -
Task 4: Design and construct metal/air fuel cell $16,000
controls
Task 5: Install metal/air fuel cell and $32,000
drive train in pick-up truck.
Task 6: Design and construct fuel station $16,000
according to specifications
Task 7: Vehicle Testing and Troubleshooting $16,000
Task 8: Vehicle Public Demonstration and service
Task 9: Final Report $16,000
$292,550
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.
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:
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Barbara Bamberger
Environmental Resource Manager
Consultant:
Jeff Colborn
CEO, Metallic Power
14. Liquidated Damages Rate: N/A
$ per day.
Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X Not Applicable. Not an FPPC Filer.
FPPC Filer
Category NO.1.
income.
Investments and sources of
Category NO.2.
Interests in real property.
Category No.
property and
regulatory,
department.
3. Investments, interest in real
sources of income subject to the
permit or licensing authority of the
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.
2ptyll . wp
July 1, 1997
Standard Form Two Party Agreement (Sixth Revision)
Page 22
/U.- )J..
( ) List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if any:
16. ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
) Monthly
) Quarterly
(x ) Other: By task, contingent upon contractor
meeting all CEC conditions per AWARD MEM-973-040 and/or
the City has been provided assurance from the CEC
regarding payment/reimbursement to the City
B.
Billing:
Day
(
(
(
(X
of the Period for submission
First of the Month
15th Day of each Month
End of the Month
Other:Task oriented
of Consultant's
C. City's Account Number:
280-2811-5201
19. Security for Performance
( 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: $
2ptyll . wp
July 1, 1997
Standard Form Two Party Agreement (Sixth Revision)
Page 23
//J- ;/;1
Retention Release Event:
( ) Completion of All Consultant Services
(X) Other: Contractor must comply with Section 19
(dlpayment of Funds Award Mem 97S-040 from
CEC Contract with the City, which states:
It is the Commission's policy to retain 10 percent
of any payment request or 10 percent of the total
Commission award at the end of the project. After
the project is complete the recipient must submit
a completed payment request form requesting
release of the retention. The Project Manager
will review the project file and, when satisfied
that the terms of the funding agreement have been
fulfilled, will authorize release of the
retention.
2ptyll.wp
July 1, 1997
Standard Form Two Party Agreement (Sixth Revisionl
Page 24
/j)-?f
RESOLUTION NO.
/93t Lj"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $300,000 IN GRANT FUNDS
FROM THE CALIFORNIA ENERGY COMMISSION (CEC) ,
AUTHORIZING THE MAYOR TO EXECUTE CEC CONTRACT
FOR $300,000 IN GRANT FUNDING, AND
APPROPRIATING BUDGET FOR FUNDS THEREFOR
WHEREAS, as part of the City's overall effort toward
development of an environmental technology industry and consistent
with the City's energy programs, the City applied to the State to
fund the development of a fuel cell research and development
project; and
WHEREAS, as a result the City received a grant of
$300,000 from the California Energy Commission which is the third
of a three phase research and development program; and
WHEREAS, the $300,000 in grant funding will be
appropriated to the Energy Conservation Fund and budgeted in
Account 280-2811 for a Zinc Air Fuel Cell Research Project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept $300,000 in grant funds from
the California Energy Commission (CEC) and authorize the Mayor to
execute the CEC contract.
BE IT FURTHER RESOLVED that the City Manager is hereby
authorized to execute any and all other necessary documents to
implement and carry out the grant proposal, including any necessary
amendments to the contract between the CEC and the City.
BE IT FURTHER RESOLVED that
is hereby appropriated to Account
Attachment 1.
the budget amount of $300,000
280-2811 as set forth in
Presented by
Approved as to form by
~~~~ /j&d ~
Jo n M. Kahe ,City Attorhey
Barbara Bamberger, Environmental
Resource Manager
H:\home\lorraine\rs\CEC
/;J/J -/
RESOLUTION
NO. J9J~S
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR $292,550 WITH METALLIC POWER
INCORPORATED TO DEVELOP AN ADVANCED FUEL CELL
VEHICLE PURSUANT TO THE CEC GRANT
WHEREAS, in November of 1997, the Governor approved
legislation to provide a local company working in the fuel cell
industry $300,000 in state Petroleum Violation Escrow Account
moniesi and
WHEREAS, these funds
sole purpose of sponsoring
development project; and
were specifically legislated for the
a zinc air fuel cell research/
WHEREAS, staff has been working with Metallic Power, the
fuel cell developer to secure state and private funds to complete
the project; and
WHEREAS, Phase I and Phase II have been completed and
Phase III will apply the results of Phase I and II to produce and
install a 120 kW propulsion system in a pick-up truck and
demonstrate the truck with a battery that will be potentially
rechargeable in 10-15 minutes and give the truck a range of 300
miles; and
WHEREAS, the City of Chula vista has agreed to sponsor a
portion of this project in the amount of $292,550.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the Mayor to execute a
contract for $292,550 with Metallic Power Incorporated to develop
an advanced fuel cell vehicle pursuant to the California Energy
Commission grant.
BE IT FURTHER RESOLVED that the city Manager is hereby
authorized to execute any and all other necessary documents to
implement and carry out the grant proposal, including any necessary
amendments to the agreement between Metallic Power and the City.
Presented by
Approved as to form by
Barbara Bamberger, Environmental
Resource Manager
~~e~i~ti~y
H:\home\lorraine\rs\CEC
)tJj3-/
RESOLUTION NO.
)93!t
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $7,450 TO THE ENERGY
CONSERVATION FUND AND AMENDING THE FY 98-99
BUDGET FOR A .16 PART-TIME TEMPORARY INTERN II
PURSUANT AND CONSULTANT TO THE CEC GRANT
WHEREAS, the FY 98-99 budget needs to be amended to add
an Intern II position for the Environmental Division for staffing,
contract management and reporting purposes and for hiring a
consultant to assist the City in a national public relations
campaign to publicize the demonstration of the zinc air fuel cell
vehicle.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby appropriate $7,450 to the Energy
Conservation Fund and amend the FY 98-99 budget for a .16 part-time
temporary Intern II pursuant and consultant to the CEC grant.
Presented by
Approved as to form by
~M ~~/IedI bV
Jo M. Kahen City Att~rney
Barbara Bamberger, Environmental
Resource Manager
H:\home\lorraine\rs\CEC
/vc~ /
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item / /
Meeting Date 02/16/99
RESOLUTION /9;J t/;7 EXTENDING THE TEMPORARY CLOSURE OF CENTER
STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS'
MARKET ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO
CONDITIONS OF APPROVAL
SUBMITTED BY:
REVIEWED BY:
Community Development Director
C;I, "'""W ~ ~
(4/5ths Vote: Yes_ NoJL)
BACKGROUND:
On October 3, 1995, the City Council approved the closure of Center Street between Third Avenue and Church
Avenue on Thursday afternoons for the Downtown Farmers' Market. The Market area was expanded on June 24,
1997 to include a portion of Church Avenue to accommodate an increased number of farmers and add a section
for craft booths. In accordance with the adopted conditions of approval. the street closure must be extended at
least annually by the City Council.
RECOMMENDATION: That the City Council adopt a resolution extending the temporary closure of Center
Street and a portion of Church Avenue for the Downtown Farmers' Market on Thursday afternoons for a two.year
period subject to conditions of approval.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Downtown Farmers' Market has become a very successful promotional activity within the Downtown area
and the Downtown Business Association would like to continue at the present Center Street and Church Avenue
location. The event appears to be well received by the Downtown merchants and the neighboring uses. Parking
in the adjacent on. street parking spaces, public parking lots and the Southern Baptist Church has been adequate
for the Market. Appropriate emergency access has been provided to the area.
The Engineering, Finance. Police, and Fire Department staff and the Risk Manager and City Attorney's office have
reviewed the DBA's request and have determined that no impacts will result from the extension subject to the
recommended conditions of approval under which the Market currently operates (see Exhibit A).
FISCAL IMPACT: No significant fiscal impact is anticipated as a result of extending the temporary closure.
Approximately (10)10 hour parking meters will be effected for about 3 hours. An increase in use of the adjacent
metered parking is expected to off.set the minimal loss.
(PS) H:\HOME\COMMDEV\STAFF,REP\03.03.9B\FRMRMKT.98 [February 5,1999 (1:05pm)) / j- /
RESOLUTION NO.
/93/; 7
EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND
A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS'
MARKET ON THURSDAY AFTERNOONS THROUGH DECEMBER 2000
SUBJECT TO CONDITIONS OF APPROVAL
WHEREAS, the City Council of the City of Chula Vista established a Business Improvement
Area on November 16,1971 which created the Downtown Business Association; and,
WHEREAS, on October 3, 1995, the City Council approved Resolution 18052 adopting
Negative Declaration IS-95-30 and approving the closure of a portion of Center Street on Thursday
afternoons between March 1996 and October 1996 for a Farmers' Market; and,
WHEREAS, on October 15, 1996, the City Council approved Resolution 18457 extending
the closure of Center Street for a fourteen month period from November 1, 1996 to December 31, 1997;
and
WHEREAS, on June 24, 1997 the City Council approved Resolution 18710 to expand the
temporary closure of Center Street and add a portion of Church Avenue to accommodate the Farmers'
Market on Thursday afternoons subject to conditions; and,
WHEREAS, the Downtown Business Association has requested the City Council extend the
temporary closure of Center Street and a portion of Church Avenue for the Downtown Farmers' Market
on Thursday afternoons subject to conditions; and,
WHEREAS, the extension of the street closures creates no new significant impacts and
therefore no additional review of the project is required under CEQA; and,
WHEREAS, the Farmers' Market special event will further the redevelopment effort within
the Town Centre I Redevelopment Project Area.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista to
extend the temporary closure of Center Street and a portion of Church Avenue for the Downtown Farmers'
Market on Thursday afternoons through December 31, 2000 subject to conditions attached hereto as
Exhibit "A".
Presented by
Approved as to form by
~~~
Chris Salomone
Director of Community Development
H:\Home\CommDev\Resos\Farmers) February 3, 1999 (3:33PM)
) //02
EXHIBIT A
February 16, 1999
Downtown Farmers' market
Center Street and a portion of Church Avenue
CONDITIONS OF APPROVAL
1. The subject street closure shall be permitted through December 31, 2000 unless sooner revoked (in
the sole discretion of the City Council) to accommodate the Downtown Farmers' Market. At the end
of that time, the Farmers' Market shall be evaluated by the Community Development director and
findings shall be reported to the City Council. The City Council, at that time, may consider a further
extension.
2. All Vendors or activities to take place within the closed street right-of-way, other than those
approved herein shall be approved by the Community Development Director prior to their
participation in the Farmers' Market.
Approved Vendors and Activities
1) Certified Farmers' Market 1
2) Arts and Crafts hand made by the seller
3) Promotional activities that enhance the market but do not detract from the Downtown
business environment to create significant noise, congestion, or safety hazards.
4) Downtown Business Association (DBA) merchants and businesses in good standing
may sell or demonstrate merchandise and services that are currently sold within their
Downtown premises.
3. The DBA shall provide, set-up and remove all signs, barricades, temporary traffic control devices
related to the Farmers' Market and street closure in a timely marmer (set-up completed no later than
3:30 p.m. and removal completed no later than 7:00 pm). All traffic control devices, signs, and
barricades shall be placed in accordance with the sign placement plan approved by the City Traffic
Engineer and shall conform to the State of California traffic control requirements.
4. The DBA will be responsible for the coordination and implementation of all actlVll1es and
regulations related to the street closure and Farmers' Market, the appropriate City of Chula Vista
departments and staff, and any applicable County, State, or Federal requirements.
lA certified Farmers' Market is a location approved by the County Agricultural Commissioner, where
certified farmers offer for sale only those items they grow themselves. Only the immediate family and salaried
employees of a certified producer may act for and sell the products of that producer. Items include fresh and dried
fruits and herbs, vegetables, nuts, honey, eggs house piants and cut flowers, jerky, fresh fish, olives and baked
goods. //~3
COUNCIL AGENDA STATEMENT
BACKGROUND:
Item /2
Meeting Date 02/16/99
RESOLUTION /9 J f,!5 APPROVING THE CHULA VISTA DOWNTOWN
BUSINESS ASSOCIATION'S 1999 BUDGET AND OEFERRING THE DBA'S REQUEST
FOR STAFF SERVICES, TOWN MANAGER AND PROMOTION ASSISTANCE FOR
CONSIDERATION WITH THE FY 1999-00 BUDGET SESSION
Community Development Dirr~~ ~C;,
City Manage~~~
(4/5ths Vote: Yes_ NolU
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
In accordance with the Chula Vista Municipal Code, the Chula Vista Downtown Business Association (aka,
Downtown Business Association, DBA) is required to submit an annual budget in March for the City Council's
approval. The DBA's budget is funded by a special assessment applied to each business located within the District
boundary and any income the District earns from promotional activities and other contributing sources.
The following staff report provides an overview of the DBA's 1999 budget and a discussion of the Association's
request for staff services and funding assistance for promotional activities and the Town Manager position.
RECOMMENDATION: Adopt a resolution:
1) Approving the Chula Vista Downtown Business Association's 1999 budget; and
2} Deferring the DBA's request for staff services, Town Manager and promotion assistance for consideration
in the FY 99-00 budget session.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The Downtown Improvement District was established in 1971 to promote business activities in Downtown Chula
Vista and to aid in efforts to make the area more attractive to consumers. The City Council resolution establishing
the Downtown Business Improvement District requires that the Association submit their budget to the City Council
in March of each year for approval. A copy of the 1999 budget and transmittal letter are attached as Exhibit A_
The Chula Vista Downtown Business Association (DBA), a non-profit organization was formed to administer the
District's business. Generally, the DBA receives about $20,000 per year in revenue from the District's special
assessment which is used to conduct business. Income from promotional activities has been limited but is
).2 - /
Page 2, Item_
Meeting Date 02/16/99
increasing each year. In the past, the Redevelopment Agency and the City have contributed financial assistance
to the DBA for advertising and promotional activities, as well as to maintain a full-time Town Manager position.
The DBA's budget is based on the calendar year as are other local non-profit organizations. The DBA Board
approves their budget in January and submits it to the City Council for approval by March in accordance with the
Municipal Code. Calendar year versus the City's fiscal year makes it difficult to coordinate funding requests from
the City and Redevelopment Agency. The City asked the DBA to adjust their budget year to facilitate the process.
The DBA investigated the IRS rules and other regulations concerning their budget process. To accommodate the
change to a fiscal year budget. the DBA will have to apply to the IRS and will be required to keep two sets of
records and file two separate tax returns if the IRS allowed the change. As an alternative, the DBA will
accommodate the City's fiscal year by submitting their funding requests for activities planned between July 1 and
June 30 of the forthcoming year and will reflect those requests in their annual budget.
1999 Budget Reouest for Funding Assistance
The DBA is requesting funding assistance for their 1999-00 promotional events and advertising program which
includes:
1. Two Tastes of Downtown (August 1999 and April 2000)
2. The Starlight Yule parade in December 1999
3. The Cinco de Mayo Celebration set for May 2000
4. The Lemon Festival in June 2000
5. The weekly Farmer's Market
The DBA has requested $10,000 for assistance in advertising and promoting the business district and $10,000
to aid in the operation and promotion of the activities. In addition, the DBA has requested the assistance of City
staff (Public Works, Police, and Parks) to support the 1999 Yule Parade, the 2000 Cinco de Mayo celebration, and
the 2000 Lemon Festival. Traditionally, the City and Redevelopment Agency have assisted with the promotion
of the Downtown area.
In August of 1991, the Redevelopment Agency entered into a contract with the DBA to hire a Town Manager for
the Downtown area. The Agency funded the position for three years at $50,000 per year beginning December
1991. Funds were exhausted in FY 1994195. The DBA then funded the position on a part-time basis until last
year when the Agency agreed to subsidize the position and make it full-time. (The previous part-time position was
20 hours per week at an annual salary of $20,000 funded from a combination funds from the BID assessment,
promotional activities, and the DBA cash reserve.)
Last year's experience with a full. time manager appears to have been successful. The manager was able to
reinforce the Association's committee concept and to recruit more volunteers to participate in the Association's
business. The Manager also developed several new promotions: Lunch Concert Series in July, Taste of Summer
Nights in August, the weekly Blast from the Past Car Show, and the Cinco de Mayo Celebration for 1999. The
/:2. -.7
Page 3. Item_
Meeting Date 02/16/99
Downtown has had a significant increase in exposure locally and throughout San Diego via advertising and word
of mouth as a result of these new promotions. The DBA documents these achievements in the attached Exhibit
B . 1998 Achievements and 1999 Goals.
The DBA requests that the City assist with the Town Manager program by providing a $20,000 subsidy to enable
the position to continue to function full. time during 1999.
Staff recommends that the DBA's request for staff services, as well as the Town Manager and promotions
assistance be submitted for consideration during the 1999.00 budget session.
The DBA's funding request reflects approximately 25% of the DBA's proposed $ I 60.850 budget for 1999.
Revenues from the DBA's fees and programs will fund 75% of the proposed budget. A 1997 survey conducted
by California Main Street (a program of the California Trade and Commerce Agency) showed that of the 31 Main
Street Cities surveyed. an average of 37% of budget revenues were derived from City contributions. Business
District fees accounted for about 25% of revenues and District Programs contributed 24%. Donations,
membership fees and grants made up the balance.
FISCAL IMPACT: The DBA has requested $20,000 for advertising and promotions. as well as $20,000 to
subsidize the Town Manager position. Last year, the Redevelopment Agency fully funded the financial assistance
requested by the DBA which included $20,000 to subsidize the full.time Town Manager position, $5,000 for
mentoring services for the Town Manager, and $20,000 for advertising and promotions. (According to the Town
Manager, the DBA Board is currently reviewing mentoring services from several sources including Keyser Marston,
Burnes Consulting, and an independent Main Street Executive Director.)
The previous year, advertising and promotional activities were funded through the Downtown Parking District Fund
and staff services were funded by the Redevelopment Agency through the Town Centre I staff services account.
Staff recommends that the DBA's current request be considered for a combination of Redevelopment and Parking
District funding during the 1999-00 budget process. Available balances and new year projections for each fund
will be more clear as the budget process is undertaken.
A table of City/Agency funding assistance to the DBA for the past three years has been included for your information
The DBA's 1999.00 request also is included for comparison purposes.
CURRENT REQUEST AND PAST FUNDING ASSISTANCE
/2 -J
Page 4. Item_
Meeting Date 02/16/99
PROMOTIONS ANO AOVERTISING: 'DBA REO~~T
1999-0tF 1998199 1997/98 1996197
Promotional Activities FY 98199 $10,000 $10,000 $ 5,000
- Taste of Summer Nights
- Taste of Oowntown
- lemon Festival
Advertising: $10,000 $10,000 $10,000
- Farmer's Market
- 1998 Starlight Yule Parade
. 1999 lemon Festival
. General Advertising
TOTAL PROMOTIONS ANO AOVERTISING ASSISTANCE $20,000 $20,000 $15,000
TOWN MANAGER ANO MENTOR::
- Town Manager Subsidy $20,000 $.0- $.0.
. Mentor Resources $ 5,000 $-0. $-0-
TOTAL TOWN MANAGER ANO MENTOR ASSISTANCE $25,000 $.0. $-0-
CITY STAFF SERVICES:
Police Services for crowd and traffic control for lemon Festival
& Parade 1$3,1 OOlper eventl $ $ 6,200 $ 6,200 $ 6,200
Public Works barricades, traffic control equipment. delivery &
removal for lemon Festival & Parade 1$1,400/per eventl $ $ 2,800 $ 2,800 $ 2,800
Parks and Recreation personnel trash clean up; portable stage;
PA system; folding chairs and tables; delivery, set.up, removal
lemon Festival & parade 151 Olper eventl $ $ 1.020 $ 1,020 $ 1.020
TOTAL CITY STAFF SERVICES $10,020 $10,020 $10,020
IStaff services for the Lemon Festival and the Yule Parade have been included in past years. The request for 1999-
00 will add the Cinco de Mayo celebration for a total of three events.
Jc2 /1/
(PB)H,IHOMEICOMMDEVISTAFEREPI02-16-99199DBABtJD.113 February 4. 1999 (3, lOPM)
RESOLUTION NO. ) 9 j?!I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE CHULA VISTA DOWNTOWN BUSINESS
ASSOCIATION'S 1999 BUDGET AND DEFERRING THE DBA'S
REQUEST FOR CITY STAFF SERVICES, TOWN MANAGER
ASSISTANCE AND PROMOTION ASSISTANCE FOR
CONSIDERATION WITH THE FY 1999-00 BUDGET
WHEREAS, the Chula Vista Municipal Code requires the City Council to review the
Chula Vista Downtown Business Association's annual budget and to authorize the disbursement
of funds received through the Business Improvement District assessment; and
WHEREAS, the Chula Vista Downtown Business Association has submitted a budget
for 1999 activities and a request for assistance with funding the 1999-00 promotional activities
and advertising and subsidy for the Town Manager position; and
WHEREAS, the City Council has reviewed the Chula Vista Downtown Business
Association's 1999 budget and request for funding; and
WHEREAS, the City Council desires that the Chula Vista Downtown Business
Association conduct quality promotional activities and advertising to promote the Downtown area
in accordance with the Town Centre I Five Year Implementation Plan and shall assist in the
elimination of blight as stated in said plan.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Chula Vista Downtown Business Association's 1999 budget and defer
the Downtown Business Association's request for staff services, Town Manager and promotion
assistance for consideration in the 1999-00 budget session.
Presented by
Approved as to form by
-~~ s:~~-
Chris Salomone
Director of Community Development
""
[(PBl H:IHOMEICOMMDEV\RESOS\DBABUD99.WPD (February 5,1999 (4:02pm)]
/"
):2 -?
360 Third Avenue
Chula Vista, CA 91910
(619) 422-1982
FAX
(619) 422-1452
1998 Officers & Directors
President
Eddie Chapman
Secretary
David Rossi
Treasurer
Jim Fergus
Past President
David Rossi
Keith Hooper
Tom Money
Linda Rosas
Betty Thompson
Janet Caranza
Ben Patton
Stella Sutton
Keith Hooper
Dee Lerma
Donna Vignapiano
EXHIBIT A
\
<o~> "
'1.. / /
'J*' , /
"
,,/
"
January 25, 1999
Pam Buchan
Community Development
City of Chula Vista
"
./
/
Dear Pam;
Enclosed are the items that I think you asked for so you can proceed
to the council In Febuary.
I enclosed the foLLowing;
1. 'budget for 1999 attached is funds from City and where they will
be applied
2. list of events complete with dates and descriptions
3. list of 1999 Board of Directors
4. 1998 accomplishments and 1999 goals
5. two attachments describing the food and beverage tent for the
lemon Festival and Cinco de Mayo.
I hope this is aLL that you were requesting if there is something else
that you need please contact me and I will supply the items to you
right away. Thank you for your assistance on this matter.
Jack Blakely
Executive Director
/;2 ~?
}
EXHIBIT A
1999 Budget Downtown Business Association
OTHER
SOURCES
DBA REVENUES
Assesments
Classic Car
Farmers Market
Holiday Lights
Lemon Festival
Lunch Concert
Taste of Downtown
Taste of Summer Nights
Town Manager
Promotion
Advertising
Cinco fest
TOTAL REVENUE
DBA EXPENSES
Insurance
Utilities
Accounting
Advertising
Bank Charge
Banner Installation
Board Planning
Cinco fest
Classic Cars
Design
Directory
Downtown Dollars
Economic Committee
Election
Parking Elves
Farmers Mar1<et
Holiday Lights
Lemon Festival
Lunch Concert-
Newsletter
Office Expense
Staff (part time)
~
Storage
Subs::riptions
Taste of Downtow n
Taste of Summer Nights
TIM Conferences
TIM Payroll
Wor1<mans Comp
Starlight Yule Parade
TOTAL EXPENSES
Q.eA
25000.00
15000.00
11000.00
1000.00
31025.00
3500.00
1200.00
2100.00
3102500
120850.00
3000.00
1750.00
300.00
5000.00
100.00
5500.00
500.00
21500.00
15000.00
200.00
2500.00
500.00
200.00
500.00
1500.00
6000.00
6000.00
21500.00
3500.00
1500.00
4000.00
5000.00
2000.00
2400.00
500.00
1500.00
2200.00
1200.00
40000.00
500.00
5000.00
160850.00
20000.00
10000.00
10000.00
TOTAL
25000.00
15000.00
11000.00
1000.00
31025.00
3500.00
1200.00
2100.00
20000.00
10000.00
10000.00
31025.00
160850.00
40000.00
3000.00
1750.00
300.00
5000.00
100.00
5500.00
500.00
21500.00
15000.00
200.00
2500.00
500.00
200.00
500.00
1500.00
6000.00
6000.00
21500.00
3500.00
1500.00
4000.00
5000.00
2000.00
2400.00
500.00
1500.00
2200.00
1200.00
40000.00
500.00
5000 00
160850.00
/;2-7
FROM CVDBA
FAX NO. 6194221452
Feb. 04 1999 07:57AM Pi
1999 Chula Vista Downtown Promotions
Farmers Market. County wide event selling fresh produce.flowers fruits. and
much more. Located on Center Street at Third Ave, ev~ry Thursday. 3-6 pm. ~hlS event
funds itself other than partial funding provided by the City for advertiSing and IS a
source of income for the Association.
Blast From the Past Classic Cars - Held every Wed~esday from April
7th to October 27th on Third Ave Between E Street and G Street. ThiS event IS self
funded by the businesses except for promotion money provided by the city This event
attracts people from all over the county and produces extra business for the local
business.
Taste of Downtown .A self guided walking tour of the Downtown restaurants,
it is a self funded event and takes place at any restaurant that choose to do so, it
attracts from all over the South Bay. April 29, 1999
Lemon Festival. A South Bay favorite attended by around 30,000 from all over
the county. We are asking for city services for this event and also asking for Dollars to
help advertise and promote the Lemon Festival. This event will require a street closure
from E Street to G Street. This year in order to help fund itself we are aSking for city
approval to sell beer in a beverage area. Sunday June 6,1999
Friday Lunch Concert- Music at lunch is the high light of this event it is an
event that the workers in and around the Downtown enjoys, it will be a self funded
event. It will require the use of Memorial Park at the fountain. It WOUld help to have the
city stage and sound system each week. Will be held every Friday during July and
August.
Taste of Summer Nights - Another self gUided tour of restaurants that
funds it self and helps promote business in the downtown. We will need to use the
fountain area at Memorial Park. August 26, 1999
Starlight Yule Parade / Holiday Lighting. A self funded event with
the help of city fund to promote and advertise this event. It requires the closure of Third
Ave from E Street to I Street for the Parade, and only the use of Memorial Park for
Holiday Lighting. December 4. 1999 will be the day of parade and lighting will be ever
Wednesday during December.
Cinco de Mayo. A new event for 1999 if approved this event would be a street
faire much like the Lemon Festival except promoting and show casing the culture of
our neighbors from the south. The event would require a street closure from E Street to
G Street and would be a self funded event unless the City would like to help in some
manner. This event would also like to sell beer in a beverage tent
May 2, 1999
1:2.-cr
note;
The $20,000.00 shown as City of CV Reimbursement and the $20,000.00 shown as
Town manager are contingent on City approva:.
If approved the $20,000.00 fo Reimbursement would be used as follows;
$10,000.00 for advertising in the folliowing programs
Farmers Market
Lemon Festival
Starlight F'aradelHoliday Lighting
General Advertising
$10,000.00 for promotions and In the fOllowing programs
Lemon Festival
Classic cars
Starlight ParadelHoliday Lighting
)2 -7
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EXHIBIT B
ACCOMPLISHMENTS
1998
The year was filled with lots of activities in the downtown. The Association
began the year by hiring a full time manager with the Association and the City each
paying one half of the salary. It quickly developed into a very busy year with a variety
of events such as:
1. BLACK FILM FESTIVAL This event was held at the CinemaStar and the
Association gave rulers to about 1000 students and assisted with the event that was
held for students.
2. Blast From the Past This event was held for the first time starting in June and
ending in October. It drew 3000 to 10,000 weekly and around 200,000 people
downtown. It was a very community type event that drew families and was very
successful for business.
3. Taste of Downtown This self guided walking tour featured 16 restaurants and drew
hundreds of people to the downtown area.
4. Lemon Festival The festival was in its second year and drew the largest crowd to
date. We had a great lineup of professional entertainment on two stages with many
activities for the entire family. The event had a crowd of 30,000 plus and we hope to
draw more next year.
5. Lunch Time Concerts Co-sponsored by Fuddruckers, these lunch concerts drew
between 300-500 people each Friday in July. The line up of entertainment was great
with names such as Peter Sprague.
6. Taste of Downtown The second self guided tour of the restaurants to be held in
1998 the only difference of this one and the first was this one ended with deserts,
coffee and musical entertainment at Memorial Park. Hundreds were attracted to this
event.
7. Starlight Parade/ Holiday Lighting With the help from the City the Downtown was
able to light up as never before. This year's parade was the largest of any previous
parade. It not only drew over 30,000 spectators but with special arrangements and the
help of Scripps Bank, we were able to have all of the Sweetwater High School Bands
march in this years parade. The holiday lighting was held on Wednesdays in
December and included entertainment, kids rides, crafters, and food vendors. Fun was
had by approximately 500 to 1000 people weekly.
/:2 -/0
8. Farmers Market With the market being year round it has become one of the largest
markets in San Diego. It is a solid source of income for the Association. We are
looking for ways to enlarge and develop this market more.
The Association also formed and held meetings of the four basic Main Street
committees. The Executive Board again started meeting twice a month to be better
prepared for Board meetings.
We printed and mailed newsletters to all 350 members every other month. With the
help of a grant by the County of San Diego, the Downtown Association was able to
begin printing a map of Downtown that came out in early 1999. Downtown Dollars
was a marketing tool put in effect to attract people to retail stores. They are gift
certificates that can be purchased through out the Downtown and used at a variety of
different businesses. We also printed out a 27 page directory that went to each
member and passed out at different events throughout the downtown and different
agencys around the City. In general this has been a very busy and quite successful
1998 in the Downtown area.
Goals
1999
The Association has no intention of relaxing in 1999. If approved, we hope to add an
event for this year, it being the Cinco de Mayo Celebration to be held May 2, 1999.
Attached is a list of our proposed events with descriptions and the budget for 1999.
We would be asking for street closure for the Lemon Festival, Starlight Parade and
Cinco de Mayo. We would also be asking for City assistance on these events with city
services as they have in the past.
We will again work with Chula Vista High if they decide to come back to downtown
with their band pageant.
In 1999 we will be working with the Star News in putting out our newsletter. They
will be inserting it in 18,000 papers so more citizens will be informed about Downtown
and we will have another 2000 to mail to members and to pass out throughout the
downtown area. This newsletter will be published quarterly complete with pictures,
color and lots of news regarding downtown.
The Board of Directors as well as the Farmers Market manager want and intend to
continue to work on the Farmers Market making it larger and better for the downtown
not only from traffic but financially.
In early January we will have our Web Page up and running at cvdowntown.com
and we are sure that this will be a real asset to the downtown
The goal of the Board of Directors for 1999 is to continue to work at making the
Association self sufficient this will mean looking at possibly increasing assessments
and the board is prepared to look at all of the options. Until the Association can make
these adjustments it will continue to ask for and hopefully receive City support in the
/.2..-1)
amount of $20,000.00 to be used for advertising and promotions of events as
described with our budget and to help fund the Downtown Manager by paying one
half of the salary.
Jack Blakley
Executive Director
I;), ~/J-
COUNCIL AGENDA STATEMENT
Item / J
Meeting Date 02.16.99
'?i0 J C
ITEM TITLE: a) RESOLUTION ) 1 J(p 7 APPROVING CLOSUREOFTHIROAVENUE FROM "E"
TO "G" STREETS FOR THE CINCO DE MAYO CELEBRATION ON MAY 2, 1999,
WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING BUSINESS LICENSE TAXES
FOR OOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN
EVENT
RESOLUTION ) q 3 ?L::) APPROVING CLOSURE OFTHIRDAVENUEFROM "E"
TO "G" STREETS FOR THE CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON JUNE
6,1999, WAIVING SIDEWALK SALES ORDINANCE, AND WAIVING BUSINESS LICENSE
TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING
IN EVENT
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
b)
c)
RESOLUTION / <)31/ APPROVING CLOSURE OFTHIRD AVENUE BETWEEN
"0" AND "I" STREETS, "H" STREET BETWEEN SECOND AND FOURTH AVENUES AND
PORTIONS OF INTERSECTING STREETS ON DECEMBER 4, 1999 FOR THE 37TH
ANNUAL ST ARLlGHT YULE PARADE SUBJECT TO CONDITIONS
Community Development Director C,-S f
C;~ M'"'9"~i2-"'1J ~
(4/5ths Vote: Yes No X )
- -
The Chula Vista Downtown Business Association (DBA) requests the closure of Third Avenue for three 1999
promotional events. The first event is a Cinco de Mayo celebration, a new event for the DBA in 1999 scheduled
for May 2, 1999. The second event is the Chula Vista Third Avenue Lemon Festival scheduled for Sunday, June
6, 1999. For these two events, the DBA requests that Third Avenue be closed between "E" and "G" Streets from
6:00 a.m. to 8:00 p.m. on the respective dates of each event. Activities will include live entertainment along with
approximately 1 50 to 200 arts, crafts, and food booths. The 37th annual Starlight Yule Parade is the third event.
The DBA requests that Third Avenue be closed between "0" and "I" Street, "H" Street be closed between Second
and Fourth Avenues, and portions of intersecting streets be closed on Saturday, December 4, 1999 from 3:00 p.m.
to 9:00 p.m.
The street closures have been coordinated with staff from Public Works, Recreation, Transit, Engineering, and the
Police and Fire Departments.
1:]- /
Page 2, Item _
Meeting Date 02-16-99
RECOMMENDA liON: That the City Council adopt the resolutions:
a) Approving closure of Third Avenue from "E" to "6" Streets and adjacent side streets to the
alleyways on May 2, 1999 subject to conditions listed in Attachment A of resolution, waiving
the City's sidewalk sales ordinance, and waiving business license tax for the DBA and vendors
taking part in the event;
b) Approving the closure of Third Avenue from "E' to "6" Streets and adjacent side streets to the
alleyway on June 6, 1999 subject to conditions listed in Attachment I of the resolution, waiving
the City's sidewalk sales ordinance, and waiving business license taxes for the DBA and vendors
taking part in the event; and,
c) Approving the closure of Third Avenue between "0" and "I" Streets, "H" Street between Second
and Fourth Avenues, and other east-west streets that intersect Third Avenue between "0" and
"I" Streets on Saturday, December 4, 1999 for the 37th annual Starlight Yule Parade subject to
conditions listed in Exhibit No.1 of the resolution.
DISCUSSION:
Mav 2, 1999 - Cinco de Mayo Celebration and
June 6, 1999 - Chula Vista Third Avenue Lemon Festival
The DBA is requesting the following for the 1999 Cinco de Mayo Celebration and the 1999 Lemon Festival:
· The closure of Third Avenue between "E" and "6" Streets on Sunday, May 2, 1999 and Sunday,
June 6, 1999 from 6 a.m. to 8 p.m.; and,
. A waiver of the sidewalk sales ordinances for each event; and,
. A waiver of business license taxes for the DBA and vendors taking part in each event.
The closure of Third Avenue will affect the flow of traffic in the downtown area. The DBA will be required to
coordinate with the City's Traffic Engineer and prepare a traffic control plan to the Traffic Engineer's
specifications. The City's transit system also will be affected. The Transit Coordinator's staff has agreed to the
closure as long as "E" and "6" Streets remain passable for traffic. The DBA is aware of this stipulation and will
abide by it.
In order to control noise levels and avoid excessive noise, the DBA has agreed to limiting the hours of band
performances and monitoring locations and noise levels of live entertainment (see Attachment I. Condition #4).
/3,2
Page 3, Item_
Meeting Date 02-16-99
The DBA has requested that the business license tax for promotional events be waived for the festivals. The taxes
involved include a $5 assessment to the sponsoring organization (DBA) and a requirement that each vendor have
a Chula Vista business license. (The cost would be $12.50 for any vendor without a current City business license.)
In the past, the City has waived the business license tax for the DBA and vendors taking part in the one day event
in order to encourage participation. The rationale for waiving the fee is that the festivals are expected to attract
several thousand people to the Chula Vista Downtown area which will promote the downtown businesses. The
resulting effect will be the generation of additional commercial activity and increased sales tax revenue to the City.
Waiving the business license taxes will encourage vendor participation. Since having a large number of vendors
will help ensure the success of the events, staff recommends the waiver.
Cineo de Mayo Food and Beverage Tent
The Cinco de Mayo Celebration is a new event for the DBA. MPC Advertising and Promotion, an event
coordinator, has been hired by the DBA to develop and implement the celebration. (MPC, the coordinator of the
Encinitas Cinco de Mayo festival, also will stage this year's Third Avenue Lemon Festival.) The DBA would like
to include a food and beverage tent with this event. A full description is contained in the DBA's January 19, 1999
letter attached as Exhibit "A", but, generally it will house food booths, soft drink and beer concessions, and an
entertainment stage. The beer stand will be operated within the regulations required by the ABC.
It is recommended that the City Council approve the street closure for the 1999 Cinco de Mayo Celebration and
1999 Chula Vista Third Avenue Lemon Festival subject to conditions listed in respective Attachment A and
Attachment I of resolutions a) and b).
December 4, 1999 - Starliaht Yule Parade
The DBA is requesting the closure of Third Avenue between "0" and "I" Streets and "H" Street between Second
and Fourth Avenues. The parade route will be along Third Avenue between "E" and "H" Street. Third Avenue from
"H" to "I" Streets will be used for pre-parade staging and Third Avenue north of "E" Street will be used for bus
parking and parade debarkation. All other east-west streets that intersect Third Avenue between "D" and "I"
Streets will be closed at the nearest point of detour to Third Avenue. Second and Fourth Avenue will remain open
to traffic at all times during the event. Chula Vista and San Diego Transit buses will continue to run during the
street closure, but, they will run on advertised detour routes.
The parade is scheduled to begin at 5:30 p.m. and will end no later than 9:00 p.m. Street closures will be
staggered and will begin around 3:00 p.m. when staging for the parade is planned to begin. (In addition, a lighting
ceremony is planned to be held in Memorial Park at 4:30 p.m. preceding the parade to switch-on the Downtown
Holiday Lights.)
)3'3
Page 4, Item _
Meeting Date 02-16-99
The DBA will be required to send notices to all businesses and residences located along the parade route. Other
conditions of approval include provisions for insurance, a Hold Harmless Agreement, sanitary systems, and posting
of no parking signs.
It is recommended that the City Council approve the street closure for the Starlight Yule Parade subject to
conditions listed in Exhibit No.1 of the resolution.
FISCAL IMPACT:
The City will incur the administrative costs of processing this request. The DBA has requested that the business
license taxes be waived for the Cinco de Mayo Celebration and the lemon Festival. The tax involved is a fee of
$5 to the sponsoring organization (DBA) and a $12.50 tax for each participating vendor that does not currently
have a Chula Vista business license. By waiving this tax, the City will forego approximately $900 in fees for each
event.
For your information
Staff services for DBA events have been addressed in a separate report to Council/Agency (1999 DBA Budget,
February 16, 1999). In that report, staff recommended that staff service costs be included in departmental
budgets and be considered during the 1999.2000 budget session.
WB) H:\HOMEICOMMDEVISTAFF.REPI02.16.99\CLOSE3RD.AVE.WPO {February 10, 1999 (4;39PM)]
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D WNi WN
( Business Association )
360 Third A venue
Chula Vista, CA 91910
(619) 422-1982
FAX
(619) 422-1452
1999 Officers & Directors
President
Eddie Chapman
Vice President
Secretary
David Rossi
Treasurer
Jim Fergus
Past President
David Rossi
Janet Carranza
Keith Hooper
Dee Lerma
Ben Patton
Linda Rosas
Stella Sutton
Betty Thompson
Donna Vignapiano
EXHIBIT A
January 19, 1999
Downtown Chula Vista Cinco De Mayo Street Fair
Sunday, May 2, 1999
Description of Family Food and Beverage Tented Area:
, .
A tented structure will be in place, measuring 40' x 80'. The top will be
covered and the sides will be of a plastic mesh cordon, six feet high. in
accordance with Alcoholic Beverage Control rules. The tent will have a
separate entrance and exit approximately 8' wide.
Inside the tented area, approximately 30 banquet tables and 200 chairs will
be placed, with access aisles. Serving tables will be placed along the sides
of the tent for snacks, soft drinks, and beer sales.
A 16' x 20' stage will be placed at one end of the tented area for cultural
entertainment.
Three uniformed security patrolmen will be in the area: one at the entrance,
exit, and roaming in the tented area during the hours of operation, 11 :00
a.m. to 5:00 p.m. Signs will be posted regarding "no one under 21 will be
served an alcoholic beverage" and "maximum two beer per person" at the
serving table. Beer will not be allowed to leave the tented area, and pass-
ing beer over the plastic mesh cordon will be strictly forbidden. Servings will
be in 12 ounce plastic cups only.
Beer servers will be members of the Chula Vista Downtown Business
Association, all over 21, and vJ.11 receive instruction on serving this bever-
age. All proceeds of the beer concession will go to enhancing of CVDBA
community projects.
Security Station
EXIT
All SIdes Cordoned Off
6' High
FOOD
BEVERAGE
b GARDEN
...
AREA
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Security Station
ENTRANCE
Fo
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EXAMPLE OF FOOD AND BEVERAGE TENT
)j-?
EXHIBIT B
HOLD HARMLESS AGREEMENT
between
CITY OF CHULA VISTA
and
(Organization Name)
for
(Name of Event)
In consideration of, and as a condition to, the City of Chula Vista ("City") approval of
(event). (organization) shall defend, indemnify, protect and hold harmless the City and
Redevelopment Agency of the City of Chula Vista ("Agency"), their respective agents,
elected and appointed officers and employees, from and against all claims for damages,
liability, cost and expense (including, without limitation, attorney's fees) arising out of the
conduct of the (oraanization), or any agent, officer employee, subcontractor, or other
person acting on behalf of the (organization) in connection with the (event) to be held on
(date), except for those claims arising from the sole negligence or sole willful misconduct
of the City or Agency, its agents, officers, or employees. The (or<;Janization) indemnification
shall include any and all costs incurred by the City or Agency, its agents, officers or
employees in defending against such claims, whether the same proceed to judgement or
not. Further, the (organization) at its own expense shall, upon written request by the City
or Agency, defend any such suit or action brought against the City or Agency, its agents,
officers, or employees. The (organization) indemnification of the City and Agency shall not
be limited by any prior subsequent declaration by the (organization).
Executed this _ day of
19_ in the City of Chula Vista, California.
(Organization)
By:
APPROVED AS TO FORM BY:
John M. Kaheny, City Attorney
Rev. 10/16/98
H:\Home\CommDev\Buchan\Masters\holdharm.les February 3,1999 (12:31PM)
)3-7
RESOLUTION NO. ) '7.3& i
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE
OF THIRO AVENUE FROM "E" TO "G" STREETS FOR THE CINCO OE MAYO CELEBRATION
ON MAY 2, 1999, WAIVING SIDEWALK SALES ORDINANCE, ANO WAIVING BUSINESS
LICENSE TAXES FOR OOWNTOWN BUSINESS ASSOCIATION AND VENDORS
PARTICIPATING IN EVENT
WHEREAS, the City Council of the City of Chub Vista established a Business Improvement Area on November 16,
1971 which created the Chula Vista Downtown Business Association I"DBA"I; and
WHEREAS, the DBA has requested to close Third Avenue from "E" to "G" Streets including adjacent side streets
to the alleyway in order to conduct the Cinco de Mayo Celebration on May 2, 1999 and
WHEREAS, the DBA has requested a waiver of the City's Sidewalk Sales Ordinance so that the DBA can conduct
the 1999 and 2000 Cinco de Mayo celebrations; and
WHEREAS, the OBA has also requested a waiver of the Business License Tax for promotional events for the DBA
and vendors participating in the 1999 Cinco de Mayo celebrations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the
closure of Third Avenue from "E" to "G" Streets on May 2,1999 for the purpose of the DBA conductin9 the 1999 Cinco de Mayo
celebrations subject to the conditions listed in Attachment A, attached hereto and in corporated herein by reference.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the
City's Sidewalk Sales Ordinance so that the DBA can conduct the 1999 Cinco de Mayo celebrations.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the
City's Business License Tax for the Downtown Business Association and all vendors participating in the 1999 Cinco de Mayo
celebrations on May 2, 1999.
Presented by
Approved as to form by
CL~_
~j~~'A ~ ~
J . Kaheny
City Attorney
Chris Salomone
Director of Community Development
[IPB) H:\HOME1COMMOEV\RESOS\.CINCOMAY.WPO IFebruary 11, 1999 (8:51111l111
/3A / /
ATTACHMENT A
CONDITIONS OF APPROVAL
FOR
CHULA VISTA THIRD AVENUE CINCO DE MAYO CELEBRATION
1 . The DBA shall provide for adequate traffic and crowd control, as determined
by the City's Traffic Engineer and Police Department;
2. The DBA shall provide adequate litter control during and after the event,
including professional street sweeping;
3. The DBA shall notify all property owners and tenants (including businesses
and residents) that will be affected by the street closure. The notification
must be sent by first class mail at least seven days prior to the event date;
4. The DBA will be responsible for measures to insure that the noise generated
by the event's activities does not reach an excessive level; the DBA will
undertake the following measures in order to implement this condition:
A) DBA shall continually monitor noise levels of performing bands,
stereos, and other sound-emitting devices and will make adjustments
as needed;
B) A plan showing the location of the performing stages will be submitted
for Community Development staff review and approval prior to the
event;
C) All band performances shall be limited to the hours of 10 a.m. and 6
p.m.;
5. In order to meet the requirement of the Fire Marshall, the alleyways between
"E" Street and "G" Street, east and west of Third Avenue, shall remain open
and unobstructed for the purpose of fire apparatus access in the event of an
emergency. The Fire Marshall has required that all food-cooking vendors
have a 2A 1 OBC-type fire extinguisher readily available in their booths;
6. In order to meet the requirements of the Fire Marshall and the Transit
Division, "E" and "G" Streets must remain open to traffic;
/3/J ~,;L
7. The Downtown Business Association must provide, 10 days prior to the
Festival, evidence of general liability insurance in the amount of $1 million, in
the form of a certificate of insurance and policy endorsement satisfactory to
the City, naming the City of Chula Vista and the Chula Vista Redevelopment
Agency as additional insured; and
8. The Downtown Business Association must execute an agreement to hold the
City harmless from any liability stemming from Festival activities in the
street.
9. The Downtown Cusiness Association shall obtain a temporary license from
the ABC for the sale of beer and shall comply with all requirements setforth
in the license and by the Chula Vista Police Department.
10. The location of the food and beverage tent shall be approved by the Police
and Fire Department at least 30 days prior to the event.
IPBIH:IHOMEICOMMDEVIBUCHANICINCO.ATA.wPD February 3. 1999111 :29AMI
J3~'3
RESOLUTION NO. ) q;J :;!J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE
OF THIRO AVENUE FROM '1" TO "G" STREETS FOR THE CHULA VISTA THIRO AVENUE
LEMON FESTIVAL ON JUNE G, 1999, WAIVING SIDEWALK SALES ORDINANCE, AND
WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND
VENDORS PARTICIPATING IN EVENT
WHEREAS, the City Council of the City of Chub Vista established a Business Improvement Area on November 16,
1971 which created the Chula Vista Downtown Business Association I"DBA"I; and
WHEREAS, the DBA has requested to close Third Avenue from "E" to "G" Streets including adjacent side streets
to the alleyway in order to conduct the 1999 Chula Vista Third Avenue Lemon Festival on June 6,1999; and
WHEREAS, the DBA has requested a waiver of the City's Sidewalk Sales Ordinance so that the DBA can conduct
the 1999 and 2000 Chula Vista Third Avenue Lemon Festivals; and
WHEREAS, the DBA has also requested a waiver of the Business License Tax for promotional events for the DBA
and vendors participating in the 1999 Chula Vista Third Avenue Lemon Festivals.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the
closure of Third Avenue from "E" to "G" Streets on June 6,1999 for the purpose of the DBA conducting the 1999 Chula Vista Third
Avenue Lemon Festivals subject to the conditions listed in Attachment I, attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the
City's Sidewalk Sales Ordinance so that the DBA can conduct the 1999 Chula Vista Third Avenue Lemon Festivals.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the requested waiver of the
City's Business license Tax for the Oowntown Business Association andall vendors particpating in the 1999 Chula Vista Third Avenue
Lemon Festivals on June 6, 1999.
Presented by
Approved as to form by
~~~
~~~4 /ja(fn-
Joh . Kaheny
City Attorney
Chris Salomone
Director of Community Development
liPS) H:\HOME\COMMOEV\RESOS\lEMFEST.WPO (February 11. 1999 (8:45amll
/3fJ - /
ATTACHMENT I
CONDITIONS OF APPROVAL
FOR
CHULA VISTA THIRD AVENUE LEMON FESTIVAL
1. The DBA shall provide for adequate traffic and crowd control, as determined
by the City's Traffic Engineer and Police Department;
2. The DBA shall provide adequate litter control during and after the event,
including professional street sweeping;
3. The DBA shall notify all property owners and tenants (including businesses
and residents) that will be affected by the street closure. The notification
must be sent by first class mail at least seven days prior to the event date;
4. The DBA will be responsible for measures to insure that the noise generated
by the event's activities does not reach an excessive level;'the DBA will
undertake the following measures in order to implement this condition:
A) DBA shall continually monitor noise levels of performing bands,
stereos, and other sound-emitting devices and will make adjustments
as needed;
B) A plan showing the location of the performing stages will be submitted
for Community Development staff review and approval prior to the
event;
C) All band performances shall be limited to the hours of 10 a.m. and 6
p.m,;
5. In order to meet the requirement of the Fire Marshall, the alleyways between
"E" Street and "G" Street, east and west of Third Avenue, shall remain open
and unobstructed for the purpose of fire apparatus access in the event of an
emergency. The Fire Marshall has required that all food-cooking vendors
have a 2A 1 OBC-type fire extinguisher readily available in their booths;
6. In order to meet the requirements of the Fire Marshall and the Transit
Division, "E" and "G" Streets must remain open to traffic;
)3;J~d--
7. The Downtown Business Association must provide, 10 days prior to the
Festival, evidence of general liability insurance in the amount of $1 million, in
the form of a certificate of insurance and policy endorsement satisfactory to
the City, naming the City of Chula Vista and the Chula Vista Redevelopment
Agency as additional insured; and
8. The Downtown Business Association must execute an agreement to hold the
City harmless from any liability stemming from Festival activities in the
street.
IPBIH:\HOME\COMMDEV\BUCHAN\LEMFEST.ATI.WPO February 3. 1999111 :29AMI
/ J !J~:J
RESOLUTION NO. ) 9.J ') /
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING
THE CLOSURE OF THIRD AVENUE BETWEEN "0" AND "I" STREETS, "H" STREET
BETWEEN SECOND AND FOURTH AVENUE AND PORTIONS OF INTERSECTING
STREETS ON SA TUROA Y DECEMBER 4, 1999 FOR THE 37TH ANNUAL
STARliGHT YULE PARADE
WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on
November 16, 1971 which created the Chula Vista Downtown Business Association ("DBA"); and
WHEREAS, the DBA has requested the temporary closure of Third Avenue between "0" and "I"
Streets, "H" Street between Second and Fourth Avenues, and all other east.west streets that intersect Third Avenue
between "0" and "I" Streets to the nearest point of detour to Third Avenue to conduct the annual Starlight Yule
Parade on Saturday, December 4, 1999; and
WHEREAS, the Starlight Yule Parade has been a Downtown and City tradition for 36 years and the
City Council finds that the parade is a benefit to the Community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby
approve the temporary closure of Third Avenue between "0" and "I" Streets, "H" Street between Second and Fourth
Avenues, and all other east.west streets that intersect Third Avenue between "I" and "0" Streets to the nearest point
of detour to Third Avenue to conduct the Annual Starlight Yule Parade on Saturday, December 4, 1999 subject to
conditions set forth in Exhibit NO.1 attached hereto and incorporated herein by reference.
Presented by
Approved as to form by
~~ S;~
Chris Salomone
Director of Community Development
L? Ikdf
IIPBj H:\HOME\COMMDEV\RESOS\.YULEPAR.WPD lFebruary 3, 199911:07PM)]
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EXHIBIT NO.1
CONDITIONS OF APPROVAL
FOR
1999 STARLIGHT YULE PARADE STREET CLOSURE
1 . At least 10 days before the street closure, the Downtown Business
Association (DBA) shall submit to the City evidence of general liability
insurance in the amount of $1 million, in the form of a certificate of
insurance and policy endorsement which names the City as additional
insured.
2. At least 10 days before the street closure, the DBA shall submit to the City a
hold harmless agreement in a form acceptable to the City.
3. The DBA shall distribute written notification to all residences and businesses
along the parade route and along other streets that will be closed to traffic,
of the date(s) and duration of the event at least 10 days before street
closure.
4. The DBA shall provide portable toilets along the parade route.
5. The DBA shall provide and post "No parking" signs in a form acceptable to
the City Traffic Engineer, along the parade route. Posting must take place a
minimum of forty-eight (48) hours in advance of the effective time.
IPBH\HOME\COMMDEV\BUCHAN\YULEPAR.EX 1 WPD Feb,ua,y 3, 1999 111 :29AMI
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COUNCIL AGENDA STATEMENT
Item / l'
Meeting Date 2/16/99
ITEM TITLE: Resolution / 93 if {/ Approving an Interim Desiltation and Grading
Agreement (Poggi Canyon) between the City and Otay Project, LLC, Centex
Homes and PHI Otay Ranch Associates, LLC and authorizing the Mayor to
execute said agreement.
SUBMITTED BY: Director of Public wor1~ I
REVIEWED BY: City Manage{D~~ ~\ (4/5ths Vote: Yes_No-X)
On November 19, 1996 by Resolution No. 183Q, the City approved Tentative Map for Chula Vista
Tract No. 96-04 for Village One and a portion of Village Five of the Otay Ranch Project SPA One.
Tentative Map conditions require that, prior to issuance of a grading permit for any land within the
Poggi Canyon Basin, the developer shall comply with certain conditions concerning the proposed grading
and removal of any siltation within the Poggi Canyon Basin. The Otay Ranch Company is currently
processing grading plans for land located within the Poggi Canyon basin and issuance of the grading
permit is anticipated shortly.
RECOMMENDATION: That Council approve the agreement and authorize the Mayor to sign said
agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Otay Ranch Company is already grading those areas within their project draining to the Telegraph
Canyon Basin (Phase IB of Village One). The Otay Ranch Company is also processing grading plans
for a portion of their project draining to Poggi Canyon Channel (Phase 4 of Village One, see Exhibit A).
The proposed grading consists of rough earthwork required to accommodate the Neighborhood R-12,
R-13, and R-14 "B" Maps and the P-2 neighborhood park site. The proposed grading will not encroach
into the proposed Olympic Parkway embankment or the Poggi Canyon Channel which will run adjacent
to Olympic Parkway. Ultimate grading of that area will be accomplished by a future grading effort for
Olympic Parkway and the Poggi Canyon Channel. The proposed agreement satisfies Tentative Map
Condition NO.54 as follows:
Tentative Map condition No. 54: Requires developer to guarantee the construction, operation and
maintenance of drainage facilities (naturalized channel and detention/desilting basin) in the Poggi Canyon
prior to approval of the first final "B" map or grading permit, for any land draining into the Poggi
Canyon. The condition of approval further provides that temporary detention facilities may be
constructed to reduce the peak runoff from the development to an amount equal to or less than the 100
year flow. The quantity of runoff from the Phase 4 developed area is actually less than the natural
condition, because of the diversion of a portion of Phase 4 (about 5 acres) into the Telegraph Canyon
Basin. Therefore, a basin strictly for detention of flow is not required. The proposed Phase 4 grading
includes 30 acres which will discharge to Poggi Canyon. This area includes approximately 14 acres of
permanent and temporary slopes as well as 16 acres of rough grading for pads and local streets. The
slope areas will be fully landscaped, hydroseeded and silt-fenced to control erosion. The rough graded
areas will be protected by an approved on-site erosion/sedimentation control system during construction
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Page 2, Item _
Meeting Date 2/16/99
of the backbone and neighborhood improvements. To remain in compliance with the tentative map
requirements, therefore, the developer is required to enter into an agreement, prior to issuance of a
rough grade permit for Phase 4, addressing the removal of silt from the Poggi Canyon natural channel
that may be deposited due to the grading operations.
The proposed agreement requires the developer to maintain the on-site erosion/sedimentation control
system until the Phase 4 neighborhoods are fully developed and during a maintenance period which will
begin when the Open Space slopes are accepted the City. The developer has already provided a cash
deposit in the amount of $17,000 to guarantee, in the event the developer fails to perform, the operation
and maintenance of said temporary facilities (including removal of siltation). In addition, the proposed
agreement requires developer to provide for removal of siltation, attributable to the project, in the
existing natural Poggi Canyon. The developer has provided a bond in the amount of $18,000 and a cash
deposit of $18,000 to guarantee said activities in the event the developer fails to perform. The cash
deposit may be used to cover any immediate removal of silt until the City can collect on the bond. The
security amounts are based on sedimentation rates and costs experienced with similar projects. Staff
anticipates that ultimate Poggi Canyon improvements within Village One will be constructed within the
year.
The proposed agreement also stipulates that the developer is responsible for I) providing for any difference
between the actual cost incurred by the City and the amount of the security, 2) replenishing the cash
deposits within 30 days of City's request, and 3) ensuring that at no time will developer leave a gap in
providing the required security for its outstanding obligations.
The agreement also provides that the City may withhold building permits for the project if the developer
is not compliance with the terms of the agreement. Staff has reviewed the proposed agreement and
considers that it provides adequate protection to the City while meeting the developer's grading needs.
The agreement has been executed by the developer and approved as to form by the City Attorney.
FISCAL IMPACT: None. All costs associated with the construction of the proposed desilting facilities
will be paid for by the developer. The developer will be also responsible for maintaining the proposed
improvements and the natural channel until permanent facilities are constructed.
Exhibit A - Plat showing proposed grading.
H:\HOME\ENGINEER\AGENDAIOR127G.DRS
File: 0600-80-0R127G
February 10, 1999
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RESOLUTION NO. 19340
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN INTERIM DESILTATION
AND GRADING AGREEMENT (POGGI CANYON) BETWEEN
THE CITY AND OTAY PROJECT, LLC, CENTEX HOMES
AND PHI OTAY RANCH ASSOCIATES, LLC AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, on November 19, 1996 by Resolution No. 18398,
the City approved a Tentative Map for Chula vista Tract No. 96-04
for Village One and a portion of Village Five of the Otay Ranch
Project SPA One; and
WHEREAS, Tentative Map conditions require that, prior to
issuance of a grading permit for any land within the Poggi Canyon
Basin, the developer shall comply with certain conditions
concerning the proposed grading and removal of any siltation within
the Poggi Canyon basin and issuance of the grading permit is
anticipated shortly.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve an Interim Desiltation and
Grading Agreement (Poggi Canyon) between the City and Otay Project,
LLC, Cent ex Homes and PHI Otay Ranch Associates, LLC, a copy of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
...,
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~ Kaheny, city Att ey
John P. Lippitt, Director of
Public Works
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EXHIBIT A
OTA Y RANCH SPA 1 VILLAGE 1 PHASE 4
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VICINITY MAP
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EXHIBIT A
OTAY RANCH SPA 1 VILLAGE 1 PHASE 7
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File name: R:\00I6\00I6ZA02
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
INTERIM DESILTATION AND GRADING AGREEMENT (Poggi Canyon)
(Condition 54 of Resolution 18398)
This Agreement is made on this 16th day of February, 1999, by and between Otay
Project, LLC, ("Otay Project"), Centex Homes ("Centex") and PHI Otay Ranch
Associates, LLC, ("Presley"), (collectively referred to as "Developers") and the City of
Chula Vista, a California municipal corporation ("City"), with reference to the following
facts:
RECIT ALS
A. Otay Project, LLC is the master developer of approximately 74.74 acres
("Project") of that certain real property, as described on Exhibit "A", and shown on
Exhibits "A-2" and "A-3" located within a portion of what is commonly known as
Village One of the Otay Ranch planned community.
B. On October 28, 1993, the Chula Vista City Council, pursuant to
Resolution No. 17298, as amended on May 14, 1996 by Resolution No. 18285, and in
accordance with the California Environmental Quality Act ("CEQA") (Pub. Resources
Code Section 21000 et seq.), certified the Final Program Environmental Impact Report
for the GDP, SCH #9010154 ("Program EIR 90-01", or "Program EIR"), made certain
Findings of Fact, adopted a Mitigation Monitoring and Reporting Program, and adopted a
Statement of Overriding Considerations.
C. On June 4,1996, the City approved the Otay Ranch Sectional Planning
Area Plan (SPA One), including the Otay Ranch Public Facilities Financing Plan for
Villages One and Five by Resolution Number 18286, relying on the Otay Ranch SPA
One Plan Final Second Tier Environmental Impact Report 95-01 and the first Addendum,
recertified on May 21, 1996 by Resolution No. 18304.
D. On November 19, 1996, the City approved a Tentative Map, Tract 96-04
(Herein referred to as the "Project's Tentative Map"), for Village One and portion of
Village Five by Resolution Number 18398.
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E. Condition number 54 of the Project's Tentative Map, as more particularly
set forth on Exhibit "8", requires the Developers to guarantee the construction of an
adequate temporary desiltation basin and guarantee the operation and maintenance of any
interim basin that may be approved by the City Engineer.
F. On June 26, 1998 Otay Project sold to Centex approximately 9.2 acres of
the project defined as Neighborhood R-13 within the Otay Ranch SPA One Plan.
G. On July 1, 1998, Otay Project sold to Presley approximately 16.6 acres of
the project defined as Neighborhood R-14 within the Otay Ranch SPA One Plan.
H. Developers own the property described in Exhibit "A", which drains into
Poggi Canyon.
1. Whereas Otay Project has proposed grading for the Project on Chula Vista
Drawings No. 98-809 thru 98-852 and 98-269A through 98-276.
J. Whereas Otay Project has proposed that certain temporary desiltation
facilities, as shown on Chula Vista Drawings Nos. 98-809 through 98-852 and 98-269A
through 98-276 are adequate to meet the desiltation requirements to the grading proposed
for the Project on Chula Vista Drawings No. 98-809 through 98-852 and 98-269A
through 98-276.
K. Whereas Otay Project has obtained permission to grade a portion of the
Project which drains into Poggi Canyon on adjacent Property owned by McMillin Otay
Ranch, L.L.c. per Letter of Permission dated January 29, 1999.
L. Whereas Otay Project is the master developer who has obligated itself to
construct public improvements under the terms of the Tentative Subdivision Map and the
Re-stated and Amended Pre-Annexation Development Agreement, (Ordinance No. 2695)
M. The following defined terms shall have the meanings set forth herein
unless otherwise specifically indicated.
1.1 "Complete Construction" shall mean that construction of the
improvements have been completed and have been inspected and accepted by the City.
1.2 "Final 'B' Map" shall mean any final subdivision map for all or
any portion of the Property other than the Superblock Final Maps commonly referred to
by City as an "A" Map.
1.3 "Maintain" or " "Maintenance" shall mean to furnish, or the
furnishing of, services and materials for the ordinary and usual maintenance required for
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the operation of any Desiltation Basin or similar type of improvement or as set forth in a
City approved maintenance program.
1.4 "Project" shall mean the portion of the Property within Village
One which drains into Poggi Canyon, as depicted in Exhibits "A-2" and "A-3".
1.5 "Existing Natural Poggi Canyon" shall mean the natural flow line
of the channel in Poggi Canyon from Brandywine Avenue to SR-125.
1.6 'Temporary Desiltation Facilities" shall mean the provisions for
controlling erosion and silt transportation that are shown on the plans and details of the
approved grading plans for the Project on Chula Vista Dwg. Nos. 98-809 through 98-852
and 98-269A through 98-276, together with the proper maintenance of those facilities.
1.7 "Developers" shall mean the parties that own property within the
Project, specifically Otay Project, Centex and Presley.
NOW THEREFORE IT BE RESOLVED that the Parties agree as follows:
1. Performance Obligation. Otay Project, LLC, signator to this Agreement,
represents to the City that it is acting as the master developer for this Project and
expressly assumes performance of the obligations set forth in paragraphs 2, 3,4 and Q of
this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge
and agree that all such obligations remain a covenant running with the land.
2. Condition No. 54 - Temporary Desiltation Facilities. In partial satisfaction of
Condition No. 54 of Resolution 18398, Developers understand and agree that
Developers shall be required to comply with the provisions of Condition No. 54 of the
Project's Tentative Map regarding construction, maintenance, and desiltation of the
permanent naturalized channel and permanent detention/desilting basin in the Poggi
Canyon, prior to approval of the first final "B" map or any subsequent grading permit for
the Project, whichever occurs first. However, in partial satisfaction of Condition No. 54
of the Property's Tentative Map, with respect to the provisions of adequate Temporary
Desiltation Facilities for the grading work proposed on Chula Vista Drawing Nos. 98-809
through 98-852 and 98-269A through 98-276, Developer agrees to the following:
2.1 Construction. Developers agrees to construct private Temporary Desiltation
Facilities as shown on Chula Vista Drawings Nos. 98-809 through 98-852 and 98-269A
through 98-276, as approved by the City Engineer, to control the quality of runoff from
the Project into Poggi Canyon for the grading work proposed on Chula Vista Drawings
Nos. 98-809 through 98-852 and 98-269A through 98-276, which drawings include the
off-site portions located on McMillin Otay Ranch L.L.c. property as well as on the
Developers' property. The Temporary Desiltation Facilities shall comply with all the
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provisions of the National Pollutant Discharge Elimination System and the Clean Water
Program. Developers understand and agree that Developers are responsible for obtaining
all necessary permits, approvals and certifications, if any, from the applicable federal or
state agencies, including but not limited to California Department ofFish and Game
and/or the U.S. Army Corps of Engineers.
2.2 Maintenance. Developers shall operate and maintain, including the
removal of siltation, Temporary Desiltation Facilities to the satisfaction of the City
Engineer until such time as the construction of the permanent naturalized channel and
permanent detention/de silting basin in the Poggi Canyon, as required by Condition 54 of
Project's Tentative Map, have been completed and accepted by the City. Developers
understand and agree that Developers shall be solely responsible for the maintenance and
operation of the Temporary Desiltation Facilities and any liability resulting therefrom.
2.3 Securities. Developers shall provide the City with maintenance securities,
in accordance with paragraph 4 below, to guarantee Developers' maintenance obligations
hereunder.
3. Condition No. 54 - Siltation Removal. In partial satisfaction of Condition No.
54 of Resolution 18398, Developers agree to remove siltation attributable to the Project
from the existing natural Poggi Canyon including any additional work as required by the
City Engineer or an environmental agency to restore the channel to its natural state, until
such time as the construction of the permanent naturalized channel and permanent
detention/desilting basin in the Poggi Canyon have been completed and accepted by the
City. Developer understands and agrees that the City Engineer shall be solely responsible
for determining if any siltation is attributable to the Project.
Developers shall provide the City with securities, in accordance with paragraph 4
below, to guarantee Developers' siltation removal obligations hereunder.
4. Security for Performance.
4.1 Cash Deposit. Concurrent with the execution of this agreement,
Developers shall provide the City with a cash deposit to guarantee Developers'
maintenance obligations under Section 2 of this Agreement and Developers' siltation
removal obligations under Section 3 ("Cash Deposit") of this Agreement in the sums set
forth in Exhibit "C". City shall hold the Security Deposit for the duration of Developers'
maintenance obligations hereunder, and expend such deposit solely for purposes in the
performance of such obligations including siltation removal. In the event of Developers'
default in the performance of its maintenance and/or siltation removal obligations,
Developers agree to pay to the City any difference between the total costs incurred by the
City to perform such maintenance and desiltation work, and any proceeds from the Cash
Deposit.
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Should the City expend the Cash Deposit due to Developers' default of its
performance obligations, Developers agree to redeposit the equivalent sum of money
needed to equal the amount required by this Agreement, as set forth in Exhibit "C",
within 30 days of the City's request for such deposit. All interest earnings on the Cash
Deposit shall be retained by the City during this period. Any unexpended arnount of the
deposit, including any interest earned, shall be released and remitted to Developers upon
the termination of its maintenance obligations as set forth in this Agreement.
4.2 Bonds. Concurrent with the execution of this Agreement, Developers
shall provide the City with bonds for a series of one year terms starting from the date of
issuance of the grading permit in connection with Chula Vista Drawing Nos. 98-809
through 98-852 and 98-269A through 98-276, in order to guarantee its siltation removal
obligations under Section 3 of this agreement in the amounts more fully set forth in
Exhibit "C". The Maintenance Bond(s) shall be issued by a surety with a Bests A-V
rating or better and shall be in a form approved by the City Attorney. The City Engineer
will review the security provided herein every year prior to expiration thereof. The City
acknowledges that bonds are issued for a one year period, however, it shall be the
responsibility of Developers to ensure that at all times while Developers has outstanding
obligations under this Agreement, security as required herein will be valid and in full
force and effect. Developers understands and agrees that the City shall not issue building
permits for the Project if the bonds or Cash Deposit have not been delivered or approved
as sufficient by the City or said bonds have not been renewed.
At the bond renewal time, the city Engineer may reduce the bond requirement by
an incremental amount determined by the City Engineer to reflect a reduction in
Developers' maintenance obligations. In addition, Developers may request that another
form of equivalent security, such as a letter of credit or cash, acceptable to the City in its
sole discretion, be substituted for the bonds described herein. Developers acknowledge
and agree that such reduction and substitution is in the sole discretion of the City.
4.3 Refund. In the event that the annual maintenance costs are reduced, the
City Engineer may review at Developers' request to reduce, proportionately, the amount
of the Cash Deposit and/or Maintenance Bond required by this Section. City shall not
unreasonably withhold approval of such request provided however that Developers'
Obligations are adequately secured as determined by the City Engineer in his sole
discretion.
5. Building Permits. Developers acknowledge and agree that the performance of
Developers' obligations hereunder is required for the health and safety of the residents of
the City of Chula Vista. Therefore, the Developers agree that the City shall have the
absolute and unfettered right to withhold the issuance of any building permit for any
residential units within the Project if the Developers are determined by the City not to be
in compliance with the terms of this Agreement. If Developers are determined by the
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City not to be in compliance with any term of this Agreement, the City shall notify
Developers of Developers' noncompliance and provide the Developers with 30 days to
cure said noncompliance. The Developers shall not be in non-compliance if, upon
notification of non-compliance, Developers start immediately to work toward cure of said
non compliance and diligently pursues, as determined by the City Engineer, a course of
action to achieve a cure within a reasonable time frame.
6. Indemnification. Developers further understand and agree that City, as indemnitee,
or any office or employee thereof, shall not be liable for any injury to person or property
occasioned by reason of the acts or omissions of Developers, their agents or employees,
related to the construction of the Temporary Desiltation Facilities and Developers'
maintenance activities. Developers further agree to protect and hold the City, its officers
and employees, harmless from any and all claims, demands, causes of action, liability or
loss of any sort, because of or arising out of acts or omissions of Developer, its agents or
employee, related to the construction of the Temporary Desiltation Facilities and
Developers' maintenance and/or siltation removal activities. The approved improvement
securities referred to above shall not cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to damages to adjacent or
downstream properties or the taking of property from owners of such adjacent or
downstream properties as a result of Developers' construction and maintenance activities
as provided herein. It shall also extend to damages resulting from diversion of waters,
change in the volume of flow, modification of the velocity of the water, erosion or
siltation, or modification of the point of discharge as the result of the construction of the
Temporary Desiltation Facilities and maintenance and/or siltation removal activities.
The approval of plans for the Temporary Oesiltation Facilities and any related
improvements shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the
construction of the Temporary Desiltation Facilities and any related improvements. The
provisions of this Agreement shall become effective upon the execution of this
Agreement and shall remain in full force and effect regardless of the City's acceptance of
the Temporary Desiltation Facilities.
7. Miscellaneous Provisions.
7.1 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 and any and all
other prior or contemporaneous oral or written agreements are hereby superseded. This
Agreement may be amended, but only pursuant to a written amendment properly
authorized and executed by both parties hereto.
7.2 Comoliance with Laws. In the performance of its obligations under this
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agreement Developers shall comply with any and all applicable federal, state and local
laws, regulations, policies, penn its and approvals.
7.3 Recitals and Exhibits. All Recitals and attached Exhibits referred to
herein are hereby incorporated herein by this reference.
7.4 Tenn. This agreement shall remain in effect for so long as either party has
executory obligations hereunder.
7.5 Recording. The parties hereto shall cause this Agreement to be recorded
in the Official Records of the County of San Diego.
7.6 Release. Each lot or parcel encumbered by this Agreement may, in the
City Manager's (or Manager's designee) discretion, be released from the encumbrance
hereof upon the conveyance of any such lot or parcel to a buyer of an individual housing
unit or to a homeowners association. The City Manager (or Manager's designee) shall not
withhold consent to such release so long as the City Manager (or Manager's designee) in
good faith finds that the Developers are in compliance with the terms of this Agreement
and that such partial release will not jeopardize the City's assurance that the obligations
set forth in this Agreement will be performed. Notwithstanding the foregoing, at the
close of an individual homeowner's escrow on any lot or parcel encumbered by this
Agreement or the conveyance to a homeowner's association of any lot or parcel
encumbered by this Agreement, such lot or parcel shall be automatically released from
the encumbrance hereof. In the event, the City Manager (or Manager's designee) agrees
to the release, or escrow closes on any individual homeowner's lot or parcel at the request
of Developers or any successor in interest who owns any such lot or parcel, the City
Manager (or Manager's designee) shall execute an instrument drafted by Developers in a
recordable form acceptable to City Manager (or Manager's designee) which confirms the
release of such lot or parcel from the encumbrance of this Agreement.
7.7 Assignment. The obligations of the Developers under this Agreement
shall not be assigned in whole or in part, without the express written consent of the City.
7.8 Authority of Signatories. 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 and/or other actions
have been taken so as to enable it to enter into this agreement.
7.9 Termination. Upon the termination of this Agreement pursuant to
applicable provisions hereof, at the request of Developers or any successor in interest
who owns any portion of the Project encumbered by this Agreement, the City shall
execute an instrument in recordable form which evidences the termination of this
Agreement and confirms the release of the Project from the encumbrance ofthis
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SIGNA1'UIU; PAGE TO
INTERIM DESIL T A rlON AND ORADlNG AGREEMENT (POGGI CANYON)
IN WITNESS WHEREOF. the parties hereto !lave caused thi. agreement to be
executed the day and year first hereinabove set fort!l.
CITY OF CHULA VISTA
DEVELOPERS:
OTAYPROJECT. LLC
a California limiled liability company.
By: OTAY RANCH DEVELOPMENT. LLC
a Delaware limilcd liability company.
Mayor
By:
I)ale:
Attest:
CENTEX HOMES.
a Nevada general pamership.
City CJerk
By; CENTEX REAL ~STATE CORPORATION
II Nevada corporlltion,
:::t~ a'P;;J/)J,ate: 1- /'0 /'i~
V~
Approved as to Fonn:
PHI OTAY RANCH ASSOCIATES, L.L.C.
II Delaware limited Iiabiliry company.
lolul M. Kallen)'
City Attorney
By: PHlllIstitulional Ventures.
a Califomia Corporation
Its Managing Member
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Dated: Februcy _,1999
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66/0Uc0
FEB. 9.1999 3:32PM ..THE OTAY RANCH CO
NO. 8422 P 2
SIGNATURE PAGE TO
INTERIM DESIL TAllON AND GRADING AGREEMENT (pOGGI CANYON)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
DEVELOPERS:
OTA Y PROJECT, LLC
a Califomialimited liability company,
By: OTAY RANCH DEVELOPMENT, LLC
a Delaw .'ted liability company,
By: Date:~
Mayor
Attest:
CENTEX HOMES,
a Nevada general parnership,
City Clerk
By: CENTEXREALESTATECORPORAllON
a Nevada corporation,
Its Managing Partner
By:
Date:
. Approved as to Form:
pm OTA Y RANCH ASSOCIATES, L.L.C.
a Delaware limited liability company,
By: PIn Institutional Ventures,
a California corporation
Its Managing Member
John M. Kaheny
City Attorney
By:
Date:
Dated: February --,1999
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SIGNATURE PAGE TO
INTERIM DESIL T A nON AND GRADING AGREEMENT (POGGI CANYON)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
DEVELOPERS:
OrAY PROJECT, LtC
a California limited liability company,
Mayor
By: OTAY RANCH DEVELOPMENT, LLC
a Delaware limited liability company,
By:
Date:
Attest:
CENTEX HOMES,
a Nevada general pamership,
City Clerk
By: CENTEX REAL ESTATE CORPORATION
a Nevada corporation,
Its opartner .
By, ~~.~, "/10/"
v. .
Approved as to Fonn:
PHI OT A Y RANCH ASSOCIATES, L.L.C.
a Delaware limited liability company,
By: PHI Institutional Ventures,
a California corporation
Its Managing Member
John M. Kaheny
City Attorney
By:
Date:
Dated: February _,1999
8
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List of Exhibits
Exhibit A
Legal Description
Exhibits A-2 and A-3
Project Plat
Exhibit B
Partial Conditions
Approving C.V.T 96-04
Exhibit C
Security Requirements
)Jj~/t
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
PORTIONS OF LOTS 7, 19 AND 21 OF CHULA VISTA TRACT NO. 96-04, OTA Y RANCH
VILLAGE 1, "A" MAP NO.1, ACCORDING TO MAP THEREOF NO. 13592, FILED IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 24,1998 TOGETHER WITH A
PORTION OF PARCEL 3 OF PARCEL MAP NO. 18125, FILED IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER ON OCTOBER 9,1998, AND A PORTION OF QUARTER
SECTION 12 AND FRACTIONAL QUARTER SECTION 13 OF RANCHO DE LA NACION
ACCORDING TO MAP THEREOF NO. 166, BY MORRILL, FILED IN THE OFFICE OF THE
SAN DIEGO COUNTY RECORDER ON MAY 1,1869, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAID LOT 21 WHICH BEARS
SOUTH 43029'00" WEST, 29.50 FEET FROM THE MOST NORTHERLY CORNER OF SAID
LOT 21 SAID CORNER ALSO BEING THE MOST WESTERLY CORNER OF SAID LOT 19;
THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOTS 21 AND 19, NORTH
43029'00" EAST, 115.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE ALONG
THE FOLLOWING 42 COURSES:
1. THENCE SOUTH 80011 '09" EAST, 52.67 FEET;
2. THENCE SOUTH 47049'00" EAST, 143.70 FEET;
3. THENCE NORTH 71016'22" EAST, 45.55 FEET;
4. THENCE NORTH 49052'57" EAST, 59.46 FEET;
5. THENCE NORTH 38052'33" EAST, 157.25 FEET;
6. THENCE NORTH 35026'44" EAST, 105.40 FEET;
7. THENCE NORTH 31000'17" EAST, 109.74 FEET;
8. THENCE SOUTH 61017'08" EAST, 134.84 FEET;
9. THENCE SOUTH 25010'10" EAST, 24.68 FEET;
10. THENCE SOUTH 60045'40" EAST, 85.00 FEET;
11. THENCE SOUTH 77049'06" EAST, 54.32 FEET;
12. THENCE SOUTH 61017'24" EAST, 85.00 FEET;
13. THENCE SOUTH 10046'31" EAST, 31.20 FEET;
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14. THENCE SOUTH 60032'11" EAST, 85.00 FEET;
15. THENCE SOUTH 53038'26" EAST, 52.37 FEET;
16. THENCE SOUTH 60021'12" EAST, 89.88 FEET;
17. THENCE NORTH 29051'12" EAST, 15.83 FEET;
18. THENCE NORTH 28033'30" EAST, 46.50 FEET;
19. THENCE NORTH 27015'50" EAST, 45.90 FEET;
20. THENCE SOUTH 63050'11" EAST, 77.01 FEET;
21. THENCE NORTH 83035'49" EAST, 30.93 FEET;
22. THENCE SOUTH 63030'16" EAST, 223.00 FEET;
23. THENCE SOUTH 50030'00" EAST, 49.73 FEET;
24. THENCE NORTH 65003'49" EAST, 62.20 FEET;
25. THENCE NORTH 35003'55" EAST, 78.91 FEET;
26. THENCE NORTH 61012'51" EAST, 113.13 FEET;
27. THENCE NORTH 21006'25" EAST, 91.26 FEET;
28. THENCE NORTH 19000'01" WEST, 91.26 FEET;
29. THENCE NORTH 42013'19" WEST, 27.29 FEET;
30. THENCE NORTH 14020'00" EAST, 80.00 FEET;
31. THENCE NORTH 13045'52" WEST, 26.64 FEET;
32. THENCE NORTH 32038'08" WEST, 52.00 FEET;
33. THENCE NORTH 26053'51" WEST, 65.91 FEET;
34. THENCE NORTH 14020'00" EAST, 75.43 FEET;
35. THENCE NORTH 75040'00" WEST, 47.72 FEET;
36. THENCE NORTH 55005'35" EAST, 66.79 FEET;
37. THENCE SOUTH 19021'28" EAST, 229.26 FEET;
38. THENCE SOUTH 03028'17" WEST, 80.71 FEET;
39. THENCE SOUTH 40037'38" EAST, 157.62 FEET;
40. THENCE DUE SOUTH, 273.43 FEET;
41. THENCE SOUTH 42041'49" EAST, 86.27 FEET;
42. THENCE SOUTH 03031'29" EAST, 204.99 FEET,
TO THE BEGINNING OF A NON-TANGENT 3936.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 29042'30" WEST;
THENCE SOUTHWESTERLY ALONG THE NORTHEASTERLY PROJECTION OF THE
SOUTHEASTERLY LINE OF SAID LOT 7, THE SOUTHEASTERLY LINE OF SAID LOT 7,
AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07041'00", AN ARC
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WO 0025-251 215/99
DISTANCE OF 527.82 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE
TANGENT TO SAID CURVE, SOUTH 52036'30" WEST, 654.40 FEET TO THE BEGINNING OF
A TANGENT 4064.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE
SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7 AND SAID
CURVE THROUGH A CENTRAL ANGLE OF 04035'30" AN ARC DISTANCE OF 325.69 FEET;
THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 27026'00" WEST, 472.40 FEET;
THENCE NORTH 28003'00" WEST, 918.55 FEET TO THE POINT OF BEGINNING.
CONTAINS 35.57 ACRES MORE OR LESS.
PARCEL B:
LOT 21 OF CHULA VISTA TRACT NO. 96-04, OTA Y RANCH VILLAGE 1, "A" MAP NO.1,
ACCORDING TO MAP THEREOF NO. 13592, FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER ON JUNE 24,1998, EXCEPTING THEREFROM THAT PORTION OF
SAID LOT 21 LYING WITHIN THE HEREINABOVE DESCRIBED PARCEL A.
TOGETHER WITH LOTS 22 THROUGH 24, INCLUSIVE, OF SAID CHULA VISTA TRACT NO.
96-04, OTAY RANCH VILLAGE 1, "A" MAP NO.1.
CONTAINS 39.17 ACRES MORE OR LESS.
~ '0-lcf-- ~
r;- Ff:/$- ~.,
JOHN W. Hill, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
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PAGE 3 OF 3 I J/ ,- / J
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EXHIBIT IA-2"
OTAY RANCH SPA 1 VILLAGE 1 PHASE 4
PROoECT 5I1E
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VICINITY MAP
N.T.S
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FiIfI nafT18: R:\0096\OO96ZAQ1
EXHIBIT "A-3"
OTAY RANCH SPA 1 VILLAGE 1 PHASE 7
~
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I~ LOT 21
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EXHIBIT "B"
Panial Conditions of Approval for Chula Vista Tract 96-04
Otay Project, LLC Otay Ranch SPA ONE
Resolution No. 18398
Condition No. 54
54. Prior to approval of (1) the first fmal "B" Map or grading permit for
land draining into the Poggi Canyon or (2) the fust final "B" Map or grading
permit which requires construction of Santa Madera between Telegraph
Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer
shall :
a.Guarantee the construction of the applicable drainage facility, unless
otherwise approved by the City Engineer as follows:
(1) Runoff detentionldesilting basin and naturalized channel in Poggi
Canyon; or
(2) Runoff detention Basin in Telegraph Canyon Channel
The City Engineer may approve that these facilities are
constructed at a later time if the developer provide private
temporary runoff detention basins or other facilities, approved by
the City Engineer, which would reduce the quantity of runoff
from the development to an amount equal to less than the present
100 year flow. Said temporary facilities shall comply with all the
provisions of the National Pollutant Discharge Elimination
System (NPDES) and the Clean Water Program. Prior to
issuance of any grading permit which approves any temporary
facility, the developer shall enter into an agreement with the City
to guarantee the adequate operation and maintenance (0 & M) of
said facility. The developer shall provide security satisfactory to
the City to guarantee the 0 & M activities, in the event said
facilities are not maintained to City standards as determined by
the City Engineer.
The developer shall be responsible for obtaining all permits and
agreements with the environmental regulatory agencies required
to perform this work.
b. Prepare a maintenance program including a schedule, estimate of cost,
operations manual and a financing mechanism for the maintenance of the
applicable facilities. Said program shall be subject to approval of the City
/'1r~2
Engineer, the Director of Parks and Recreation, and the applicable
environmental agencies.
c. Enter into an agreement with the City of Chula Vista and the
applicable environmental agencies (Fish and Game, Fish and Wildlife) wherein
the parties agree to implement the maintenance program.
d. Enter into an agreement with the City where the developer agrees to
the following:
(1) Provide for the maintenance of the proposed detention
basin in Telegraph Canyon and the proposed naturalized
channel and detention basin in Poggi Canyon until such
time as maintenance of such facilities is assumed by the
City or an open space district.
(2) Provide for the removal of siltation in the Telegraph and
Poggi Canyon Channels (including detention basins) until
all upstream grading within the development is completed
and erosion protection planting is adequately established as
determined by the City Engineer and Director of Parks and
Recreation.
(3) Provide for the removal of any siltation in the Telegraph
and Poggi Canyon Channels (including detention basins)
attributable to the development for a minimum period of
five years after maintenance of the facility is assumed by
the City or an open space district.
)~~.23
EXIllBIT "e"
SECURITY REQUIREMENTS
INTERIM DE SILTATION AGREEMENT (pOGGI CANYON)
1. TEMPORARY DESILTATION FACILITIES (paragraph 2.3 of the
agreement)
* Cash Deposit
Cash deposit in the amount of $17,000 to
be submitted concurrent with the execution
of this agreement (this portion of the
security obligation has been transferred
from the Cash Deposit requirement,
$35,000, for the Detention Basin and
Siltation Agreement for Telegraph Canyon,
Phase 2B Otay Ranch SPA One, Resolution
No. 18746)
2. SILTATION REMOVAL (Section 3 of the agreement)
* Cash Deposit
Cash deposit in the amount of $18,000 to
be submitted concurrent with the
execution of this agreement (this portion
of the security obligation has been
transferred from the Cash Deposit
requirement, $35,000, for the Detention
Basin and Siltation Agreement for
Telegraph Canyon, Phase 2B Otay Ranch
SPA One, Resolution No. 18746).
* Maintenance Bonds
Bond (series of one year terms) in the
amount of$18,000 to be submitted
concurrent with the execution of this
agreement.
ll\SHARED\A TIORNEY\POGGI_3.DRS
/1/ ~ 2 (
COUNCIL AGENDA STATEMENT
ITEM TITLE:
tem J~
Meeting Date 02/16/99
Resolution /9:J?.2. Accepting bids and awarding Purchasing
Agreement for the purchase of seven police patrol sedans.
Director of Public worksj!J(
Director of Finance
SUBMITTED BY:
REVIEWED BY: City Manag~ ~ ..A (4/5THS vote: Yes _ No ~ )
The FY98-99 Equipment Replacement and Police Department budgets provide for the
purchase of seven replacement and two new patrol sedans for the Police Department.
RECOMMENDATION: That Council award the Purchasing Agreement to Dixon Ford, the
lowest responsive bidder.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The City of San Diego acted as the lead agency for this cooperative purchasing venture, which
included Chula Vista and six other agencies and cities. The City of Chula Vista participated as
authorized in Municipal Code section 2.56.270 and Council Resolution 6132. Bids were sent to
17 potential bidders and there were three responses. One local vendor was contacted and
chose not to submit a bid. On December 3, 1998, the bids for the purchase of police patrol
sedans were opened. The lowest responsive bidder was Dixon Ford with a net unit price of
$21,580.17 (without taxes). Nine sedans were originally bid, but the Police Department instead
has decided to purchase two sport utility vehicles under a separate agreement. The bid tally is
as follows:
Bidder 7ea. Police Net Total
Patrol Car Sales Tax Net Total (with terms)
Dixon Ford $140,196.00 $10,612.84 $150,808.84 $150,808.84
Villa Ford $156,261.50 $12,110.26 $168,371.76 $151,534.58
Bob Baker Ford $141,176.00 $10,941.14 $152,117.14 $152,117.14
FISCAL IMPACT
Sufficient funds ($171,500) are provided in the FY98-99 Equipment Replacement and Police
Department budgets for the purchase of the police patrol sedans. The total amount including
7.75% sales tax is $150,808.84, which is $20,439 less than the budgeted estimate.
/ ~~~ /
Ie '77'2
RESOLUTION NO. ( 1~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
PURCHASING AGREEMENTS FOR THE PURCHASE OF
SEVEN POLICE PATROL SEDANS
WHEREAS, the FY 98-99 Equipment Replacement and Planning
& Building Department budgets provide for the purchase of seven
replacement and two new patrol sedans for the Police Department;
and
WHEREAS, on December 3, 1998, the following three bids
for the purchase of these vehicles were received:
BIDDER 7 POLICE NET TOTAL
PATROL CARS SALES TAX NET TOTAL (with terms)
Dixon Ford $140,196.00 $10,612.84 $150,808.84 $150,808.84
villa Ford $156,261. 50 $12,110.26 $168,371.76 $151,534.58
Bob Baker $141,176.00 $10,941.14 $152,117.14 $152,117.14
Ford
WHEREAS, the lowest responsible bidder was Dixon Ford
with a net unit price of $21,580.17 (without taxes); and
WHEREAS, nine sedans were originally
Department instead has decided to purchase
vehicles under a separate agreement.
bid, but the Police
two sport utility
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby accept and bids and award
Purchasing Agreements for the purchase of seven police patrol
sedans to Dixon Ford.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
H:\home\lorraine\rs\policecar.bid
/S-d--
COUNCIL AGENDA STATEMENT
,
Item /4
Meeting Date 02/16/99
ITEM TITLE: Resolution J 93 Zi\ccepting bids and awarding Purchasing Agreement
for the purchase of nine sedans, a cargo van, and three minivans
SUBMITTED BY: Director of Public worksQ7
Director of Finance , Cl,^
REVIEWED BY: CityManage~~~~ (4/5THSvote: Yes_No X )
The FY 98-99 Equipment Replacement and amended Planning and Building Department
budgets provide for the purchase of nine sedans, a cargo van, and three minivans. The bid was
advertised in the Chula Vista Star News on December 5,1998. In addition, twenty-one
prospective bidders from the Purchasing Agent's bid list, including two local vendors, were
contacted directly, with seven bidders responding. On December 22, 1998, bids for the purchase
of these vehicles were opened. Two Chula Vista vendors were contacted; one responded but
was not the low bidder for any item requested even considering the 1 % Sales Tax
reimbursement.
RECOMMENDATION: That Council award the purchase agreement to Dixon Ford, the
lowest responsive bidder.
BOARD/COMMISSION RECOMMENDATION: N/ A
DISCUSSION: The apparent low bidder for the minivans, Courtesy Chevrolet, took exception
to bid specifications and the bid was rejected as not acceptable by the Fleet Manager. The bid
specifications required a sliding door on the driver's side. These vehicles are used by
Community Service Officers and this allows easier access to their workspace. This left Dixon
Ford the lowest responsive bidder for all three vehicle categories. A synopsis of the low bids by
item follows. Staff will have the entire bid tabulation including the unsuccessful bidders
available at the City Council meeting. Additionally, the tabulation is available for examination
in the office of the Purchasing Agent.
ALTERNATIVE FUEL
Alternative fueled vehicles were not offered by any of the vendors.
FISCAL IMP ACT
Sufficient funds ($219,400) are provided in the FY98-99 Equipment Replacement and amended
Planning and Building Department budgets. The net total including tax is $216,986.94, which is
$2,413.06 less than budgeted.
/~~/
Page 2, {tem___
Meeting Date 02/16/99
BID #7-98/99, SEDANS AND VANS
Item Dixon Ford Courtesv Chevrolet Fuller Ford
$14,283.00 $15,335.00 $15,157.75
$15,389.93 with $16,523.46 with $16,180.90 with 1 %
Sedan, mid-size (9\ taxes taxes tax return
$19,958.00 $20,341.00 $20,823.00
$21,504.75 with $21,917.43 with $22,228.55 with 1 %
Cargo van (1) taxes taxes tax return
$20,588.00 $17,625.00 $21,124.85
Minivan (3) $22,183.57 with $18,990.94 with $22,550.78 with 1 %
taxes taxes taxesretum
Total with Taxes $226,467.87 $227,601.40 $235,508.97 with
1 % tax return
C\My Documents\ 113\A 133 Sedans FY98-99.doc
/c~ ;2
RESOLUTION NO. /9'.3 7.3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
PURCHASING AGREEMENTS FOR THE PURCHASE OF NINE
SEDANS, A CARGO VAN, AND THREE MINIVANS
WHEREAS, the FY 98-99 Equipment Replacement and Planning
& Building Department budgets provide for the purchase of nine
sedans, a cargo van, and three minivans; and
WHEREAS, on December 22, 1998, the following bids for the
purchase of these vehicles were received:
COURTESY
ITEM DIXON FORD CHEVROLET FULLER FORD
Sedan, mid- $14,283.00 $15,335.00 $15,157.75
size ( 9) $15,389.93 $16,523.46 $16,180.90
with taxes with taxes with 1% tax
return
Cargo van (1) $19,958.00 $20,341.00 $20,823.00
$21,504.75 $21,917.43 $22,228.50
with taxes with taxes with 1% tax
return
Minivan (3 ) $20,588.00 $17,625.00 $21,12485
$22,183.57 $18,990.94 $22,550.78
with taxes with taxes with 1% tax
return
Total with $226,467.87 $227,601.40 $235,508.97
taxes with 1% tax
return
WHEREAS,
Courtesy Chevrolet,
bid was rejected as
the apparent low bidder for the minivans,
took exception to bid specifications and the
not acceptable by the Fleet Manager; and
WHEREAS, therefore, Dixon Ford became the lowest
responsive bidder for all three vehicle categories.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby reject the Courtesy Chevrolet bid
as non-responsive, accept all other bids and award purchasing
Agreements for the purchase of nine sedans, a cargo van and three
minivans to Dixon Ford, the lowest responsive and responsible
bidder.
Presented by
Approved as to form by
H:\home\lorraine\rs\minivan.bid
John P. Lippitt, Director of
Public Works
COUNCIL AGENDA STATEMENT
/7
Item
Meeting Date 02/16/99
ITEM TITLE: Resolution /.9 37f~ccePting bids and awarding Purchasing
Agreements for the purchase of various pickup trucks
SUBMITTED BY: Director of Public works,fir;~n :JIO L
Director of Financ;~~\
REVIEWED BY: City Mana~ ~t:J.>-A .....J\t5THS vote: Yes _ No X )
The FY 98-99 Equipment Replacement, PlaYing & Building Department, and Engineering
Division budgets provide for the purchase of eleven various pickup trucks. The bid was
advertised in the Chula Vista Star News on December 5, 1998. Twenty-three bid packages
were sent out and six bidders responded. On January 12,1999, the bids for the purchase of
these vehicles were opened. Two Chula Vista vendors were contacted and neither one
responded.
RECOMMENDATION: That Council award purchase agreements to Dixon Ford, Advantage
Ford, and Lasher Auto Center, the lowest responsive bidders.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The lowest responsive bidder for two of the pickup trucks was Dixon Ford with
a net total price of $45,865.95. The lowest responsive bidder for two pickup trucks was
Advantage Ford with a net total price of $46,988.70. The lowest responsive bidder for seven
pickup trucks was Lasher Auto Center with a net total price of $129,913.89. The tabulation of
the lowest bidders by item is attached. Staff will have the entire bid tabulation including the
unsuccessful bidders available at the City Council meeting. In addition, the tabulation is
available for examination in the office of the Purchasing Agent.
ALTERNATIVE FUEL
Alternative fueled vehicles were not offered by any of the vendors.
FISCAL IMPACT: Sufficient funds ($252,21 O)are provided in the FY98-99 Equipment
Replacement, Planning and Building Department, and Engineering Division budgets. The net
total including tax is $222,768.54.
J7~ !
Page 2, Item
Meeting Date 02/16/99
Bid #8-98/99, Pickup Trucks
Dixon Ford trn ~tn Advantage ~~Kap~~~ & Lasher Auto f,~~~JW&
Item axes
erms Ford erms etr. erms
Inter. 4X2 pickup $15341.45 ~15 935.15 $14 929,80
truck $14,238.00 $14,789.00 $14,320.00
Inter. 4X4 ex! cab
cickuc truck (5) 91,740.00 98849.85 98,445.00 106074.49 90,975.00 95 525.56
Full size crew cab 22,328.00 24 058.42 22,120.00 23 834.30 NB
Full size crew cab
with lift oate 22,838.00 24 607.95 23,809.00 25654.20 NB
Full size pickup 18,279.00 19 695.62 18,409.00 19835.70 18,523.00 19458.53
Full size pickup
with lift aate 19,729.00 21 258.00 20,189.00 21 753.65 NB
Full size truck with
service bodv 21,958.00 23659.75 21,489.00 23154.40 NB
Total with Taxes $45 865.95 $46,988.70 $129913.89
/7- J-
RESOLUTION NO. ) 9 ;J ?~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
PURCHASING AGREEMENTS FOR THE PURCHASE OF
VARIOUS PICKUP TRUCKS
WHEREAS, the FY 98-99 Equipment Replacement and Planning
& Building Department budgets provide for the purchase of eleven
various pickup trucks; and
WHEREAS, on January 12, 1999, bids were received as set
forth in Exhibit "A" for the purchase of these vehicles:
WHEREAS, the lowest responsive bidder for two of the
pickup trucks was Dixon Ford with a net total price of $45,865.95;
the lowest responsive bidder for two pickup trucks was Advantage
Ford with a net total price of $46,988.70 and the lowest responsive
bidder for seven pickup trucks was Lasher Auto Center with a net
total price of $129,913.89.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby accept and bids and award
Purchasing Agreements for the purchase of various pickup truckss to
the lowest responsible bidders in each category as set forth above.
"A".
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
J
H:\home\lorraine\rs\pickup.trk
/7~3
EXHIBIT A
Bid #8-98/99, Pickup Trucks
Item Dixon Ford ttOn Win Advantage f~~ap~ & Lasher Auto ~~~j~etg~
axes
erms Ford erms Ctr. erms
Inter. 4X2 pickup $15341.45 $15935.15
truck $14,238.00 $14,789.00 $14,320.00 $14 929.80
Inter. 4X4 ex! cab
pickup truck (5) 91,740.00 98849.85 98,445.00 106 074.49 90,975.00 95 525.56
Full size crew cab , 22,120.00
22,328.00 24 058.42 23 834.30 NB
Full size crew cab
with lift qate 22,838.00 24 607.95 23,809.00 25 654.20 NB
Full size pickup 18,279.00 19 695.62 18.409.00 19 835.70 18.523.00 19458.53
Full size pickup
with lift Qate 19,729.00 21 258.00 . 20,189.00 21 753.65 NB
Full size truck with
service body 21,958.00 23 659.75 21,489.00 23 154.40 NB
Total with Taxes $45 865.95 546 988.70 $129913.89
) 7-L/
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/16/99
/~
ITEM TITLE: Resolution /7:J 7 S Maintaining the Existing City Investment
Policy and Guidelines
~)
SUBMITTED BY: Director of Financeh
REVIEWED BY, C;ty M'",9~~~ 14/5th, Vote, Ye, _No-"--]
The City has an existing Investment Policy and Guidelines to insure the prudent
management of idle cash. State law requires that the Investment Policy and
Guidelines be adopted by resolution of the City Council on an annual basis after being
reviewed to ensure consistency with the overall objectives of preservation of
principal, liquidity, and yield, and its relevance to current law and financial and
economic trends.
It is recommended that the Council adopt the resolution maintaining the existing
Investment Policy and Guidelines. In addition, the Quarterly Report of Cash and
Investments for the quarter ended December 31, 1998 is submitted for your
information.
RECOMMENDATION: That Council adopt Resolution
existing Investment Policy and Guidelines.
maintaining the
BOARDS & COMMISSION RECOMMENDATION:
Not Applicable
DISCUSSION: The City's Investment Policy and Guidelines (City Council Policy
220-01, copy attached) adopted on February 4, 1997 by Resolution 18571 is
intended to provide direction for the prudent investment of temporarily idle cash, and
for maximizing the efficiency of the cash management process. The stated goal is to
enhance the economic condition of the City while insuring the safety of funds
invested. The policy includes a list of specific investment instruments available under
the relevant California Government Code provisions, 53600 et. seq. and 53635 et.
seq. In addition to specific instruments, investment in the Local Agency Investment
Fund (LAIF), an investment pool administered by the State Treasurer and the County
Treasurer's Investment Pool are also included. Each investment transaction is made
in the context of first insuring the "safety" of principal, second, investing only for
that timeframe that the cash is not needed for operational purposes ("liquidity"), and
last seeking the highest return possible ("yield") provided that the first two factors
J%~/
Page 2. Item
Meeting Date 2/16/99
are met.
It is recommended that the existing Policy be re-adopted as is. The Policy was
thoroughly updated in accordance with current law when it was amended In
February, 1997, and no further amendments are recommended at this time.
Attached for your information is the quarterly report of investments as of December
31, 1998. The Pooled Investment Portfolio ($116,898,225) and the
Cash/Investments with Fiscal Agents ($50,795,914) continue to be invested in
accordance with the Government Code and the Council Investment Policy as adopted
on February 4, 1997.
During the quarter, no investments were sold, one investment with a par value of
$1,000,000 matured, and four federal agency investments totaling $6,750,000
were called (retired) by the issuing agency. Other than routine investment in money
market funds by fiscal agents, twelve securities were purchased during the quarter
totaling $20,000,000 and carrying interest rates of between 5.11 and 5.64
percent. These purchases included nine federal securities and three corporate
bonds. The range in interest rates is the result of day-to-day price fluctuations,
maturity differences, and callable v. non-callable securities.
Overall market interest rates continued to drop during the quarter, reportedly due in
large part to continued economic instability abroad. Most predictions reflect a
continued, albeit decreasing, downward trend until at least the middle of this
calendar year. As of December 31, the weighted average yield (average interest
rate) on the Pooled Investment Portfolio was 5.901 percent, a slight decrease from
the level of the previous quarter (6.039%). As an indication, the interest rate
earned on investment in the State Investment Pool (LAIF) dropped from 5.639
percent to 5.374 percent during this quarter.
The weighted average maturity increased to 2.73 years from 2.63 years as of the
end of the quarter. In other words, with some investments maturing in less than
2.73 years and some maturing somewhere between 2.73 years and 5 years, the
overall average maturity for the entire portfolio was 2.73 years. This is well within
the Council Policy of less than 3.0 years. The increase in this indicator was due to
the relatively high number of purchases during the quarter, most of which were
securities with maturity dates beyond three years.
Considering the projected timing of cash receipts and disbursements, including the
proceeds from the Tax and Revenue Anticipation Note borrowing, and the structure
of the Pooled Investment Portfolio, the City should be able to comfortably meet
J8"'cJ
Page 3, Item
Meeting Date 2/16/99
overall cash flow needs over the next six months. Any temporary shortfalls at the
individual Fund level will be addressed by recommendations to Council for interfund
borrowing.
FISCAL IMPACT:
There is no direct fiscal impact by this action, but for informational purposes, the par
value of the total investment portfolio totaled $167,694,139 as of December 31,
1998, an increase of $19,518,003 over the previous quarter. Investment interest
revenue for only the Pooled Investment Portfolio (excluding the cash and investments
with fiscal agents) is budgeted at $5.4 million for fiscal year 1998-99.
)g~J
RESOLUTION NO. )937~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAINTAINING THE EXISTING CITY
INVESTMENT POLICY AND GUIDELINES
WHEREAS, the City has an existing Investment Policy and
Guidelines to insure the prudent management of idle cash; and
WHEREAS, state law (Government Code Section 53646)
requires that the Investment Policy and Guidelines be adopted by
resolution of the City Council on an annual basis after being
reviewed to ensure consistency with the overall objectives of
preservation of principal, liquidity, and yield, and its relevance
to current law and financial and economic trends; and
WHEREAS, staffs recommends maintaining the existing
Investment Policy and Guidelines.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby maintain the existing City
Investment policy and Guidelines.
Presented by
Approved as to form by
CA r--- ~ +0---
John M. Kaheny, City Attorney
Robert Powell, Director of
Finance
H:HOME\LORRAINE\rs\invest.pol
/2'-1(
ReSDLUTION NO. ii3571
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING CITY INVESTMENT POLICY AND
GUIDELINES
WHEREAS, the City has an existing Investment Policy and Guidelines to insure th,
pru~ent management of ,idle, cash; and
WHEREAS, it is recommended that the Council adopt a resolution amending the Polic'
and Guidelines to add clarity and to bring the City's policy more in line with recently adoptee
State legislation following the Orange County bankruptcy; and
WHEREAS, the existing policy was approved. by Resolution 17578 with policy
attached. The amended policy is attached as Exhibit A.
. NOW, THEi'lEFORE, BE IT RESOLVED the Ciry Council of the City of Chula Vista does
hereby amend the City Investment Policy and Guidelines as set forth in Exhibit A, attached
hereto and incorporated herein by reference as if set forth in full.
Presented by
Approved as to form by
I
~
Robert Powell
Director of Finance
. -----
L/
J f! --~
::;esoiL.:::J:l ~ 2:3 71
:eXHIBIT to.
Page 2
COC\CIL POLICY
CITY OF CHUU. VISTA
r
SUBJECT: INVESTliiENT POLICY AND GUlDELIl"-i"ES
. POLICY
- NUMBER
I
EFFECTIVE
DATE
PAGE
ADOPTED BY: Resolution ]857]"
220-0] I 02/04/97
I DATED: 02104/97
PURPOS
Effective cash flow ma:;agernent and cash investment practices are recognized .as ess~nljal to good C:scal
managemenL Tnis Scatement is intended to provide guidelines for the prudent investment of the City's
tempOfl4-iiy idle cash in all Funds, and outline the policies for maximizing the efficiency of the City's cash
manage.:::ne::J.t system.
OBJECTIVE
The obje.::tive of the investment policy is to provide guidelines for insuring the safety of funds invested while
rnaximizi..r1g investment interest income to the City.
INVESTMENJ POLlCY
A. The Finance Di:-e.::tor is responsible for investing the Clsh balances in all City Funds in aexore,LOC"
",.jib the Califonria Government Code, Sections 53600 el seq. and 53635 el seq. Tills policy does nol
indude Long Term Debt Reserve Funds and Deferred Compensation Funds, whi::b are exceptions
covered by other more specific Government Code sections and the legal documents unique to e.a=h
debt transaction. Investment practices shall conform 10 the prudent man rule (Civil Code Section
2261, et seg.) wmch states, in, essence, that "'in investing... property for the henefit of another, .a truSl::~
sI;.all exercise the judgment and care, under the circumstances then pre'.'ailing, which :;1:;n of rrud:.:~~:..:,
dis::-etioD and ime11igence exercise in the management of their Own affairs.....
Tne Finance Dire::tor and otber individuals assigned to manage the investment portfOLio, acting witb.in
the intent and S"....:)pe of the Investment policy and other written procedun:s, ane exercising due
diligence, shall be relieved of personal responsibility and li~lhi1ity [or an individual investment's t.::-:;:.iit
risk or market price changes, provided material deviations [rom e}.'P~:"ations are re;X'lrled in a timely
canner and appropriate action is laken to cantrol any adverse developments.
B. ]t is the City's full intent, at the time of purchase, to hold all investments until maturity in ordec to
e::.,-ure the retum of all invesled principaL However, it is realistically a:Jticipated that market prices of
se...-urities pUTd::2Sed as investments will vary depending on econOmIC conditior.s, interest rale
f}u=tuations, or individual security credit factors. In a well diversified investment portfolio, such
te:nporary \'ariatio~ in market value will inevitahly result in measurahle losses at any specific point in
time. From time to time, changes in economic or market conditions ~:l)' dictate thaI it is in the City's
best interest 10 sell a securiry prior 10 maluriry.
C. ine three principle factors o[ Safety, Liquidiry and Yield are to he ~aken into consideration. in the
S?e::uic order E~ed., when making investme::nt decisions.
)~/6
*
. ~~:~'Jjl.l1,ior; ;;'7,(: f,~....,~r::..!.\
~esolutjon 12:5 7
?age
;
A
B.
c.
D.
COUNCIL POLICY
CITY OF CHUU. VISTA
SUBJECT: INVESTMEl'o! POLlCY AND GUIDEllNES
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: Resolution 18571".
- 220-01 I 02104/97-
-I DATED:. 02104197
L
Safety of principal is tbe foremost- factor to be considered during "",cb investment transaction.
Safety in investing refers to minimizing the potential for loss of principal, interest or a
combination of tbe two due to tbe two types of risk, Credit Risk and Market Risk.
a)
Credit Risk, defined as the risk of Joss due to failure of the issuer of a security, shall
"" be mitigated by _ only in\>esting in very. safe, or :investment grade" securities and
diveTsifying where feasible. "_ . . ... _ ..._... _
Market Risk, defined as market \'alue Ductulllions due to overall changes in inlerest
rates shall be mitigated hy limiting the average maturity of the:: IDVt:Stment portfuliu to
less than 3 years, with a maximum maturity of anyone security of 5 ye.~rs without
prior Council approval. Also, tbe portfolio will be structured based on liquidity needs
so asIa avoid tbe need to sell securities prior 10 maturity.
b)
2.
Liquidi!)' refers 10 the ability 10 converl an investment 10 ",!Sh promptly_ with minimum risk of
losing some ponion of principal or interest." Tne inveslment portfolio will he strucwred hased
on historic casb flow analysis in order to pro\.;de the n",,=ry liquidity as investments
routinely mature. A ponion of the ponfolio will he maintained in liquid short-Ierm securities ,
!
_Which can be convened to =b if necessary to meet unforeseen dishursement requirements.
3. Yield is the average :J.nnuaI return on an investmc::nt has~d on the interest rale; price. and
length of time to maturity. Tne City attempts to obtain the highest yield possible, provided
that the basic criteria of safety and liquidity have been mel.
AUTHORIZED INVESTMHiT INSTRUMENTS
The City may invest in the following instruments under the guideiines as provided herein:
Certificates of Denosil. Tune Certiiicates of Deposit will he made oniy in FOlC or FSUC insured
a=unts. For deposits in excess of the insured maximum of SIOU.CYJO. approved mUmeral shall ht,
required in a=rdance with California Government Code section 5~652 andlor 5~651 (m) (J). N,;
more than 2..~% of the investment portfolio m~IY he: in\'~sl:;:d in this invt:stml:nt typt:.
Se=urities of the U.S. Government Or its A!!encies. IncJuo::s ohligalit1DS issued hy Ft.:de:-al H(lme I~{lan
Banks, Government National Mortg-<lge Association. the Farm Credit System, the Fede.al Home Loan
Bank, the Federal Home Loan Mortgage ,Association, the Federal National MOrlgage Associ'llion. the
Student Loan Marketing Association. or uhligalions or othl;f inSlrumt:nlS or Of issut:u hy ;1 {t.:Lkral
agency or a United St:J.tes Governmenl sponsored tnlt:-prisc:.
Treasurv Bills and Notes. U.S. Treasury Bills, Notes, Bonds or Certificates of Indehtedness, or those
for which the full faith and credit of the United Sl>lles are pledged fm the payment of principal and
mteresL
Local A~encv Investment Fund!lAIF). Investment of funds in the Gifornia LAlF which alll''''S the'
State Treasurer to invest through the Pooled Money Investment AC:1unL Maximum investment is
subject to state regulation.
)'i5//
- I.
i',eso t"::i::J:l
18571
Page ~
COUNCIL POLICY
CITY OF CHVL~ VISTA
SUBJECT: INVESTMEJ>., POUCY AND GUlDEUNES
POLICY
NUMBER
J
220-0 I I 02104197
. I DATED: 02ilJ4(97
EFFECTIVE
-DATE
PAGE
ADOPTED BY: Resolution 18571"
E. CounlV of San Die~o Treasurv PDDI. Investment Df funds in the County of San Diego Tn,asu'}' which
allDws the County Treasurer-Tax CollectDr tD invest IDcal funds thrDugh a pDoled concepL
F. Bankers Accentance. Bills Df Exchange Dr Time Drafts drawn On and accepted by a commcrcia! hank,
DtheIWise known as Bankers Acceptances, both dDmestic and fDreign, which are eIigib'e for purehase
by the Federal Reserve System. Purchases of Bankers Acceptances may not exceed 270 days maturity
Dr total mDre than 40% of tbe cost value of the City's investmenl portfolio.
G. Commercial Paner. Paper Df the highest rating as provided by Moody's Investors Service, Inc. (F1),
Dr Standard and PDDr's CorpDratiDn (Al+). Eligible paper is further limited to issuing corporations
that are organized and operating within the United States and having lotal assets in excess of five
hundred million dollars ($500,000,000). Purchases Df eligible CD=erciaJ paper n::"y nol exc"ed I/;O
days maturity, represent mDre than 10% of the outstanding paper Df th" issuer, or total more than
p% of the cost value of the Gty's inveslm"nl pDrtfolio.
H. Ne~Dtiable Certificates of DenosiL Issued by a natiDnally or slale-<:barlered hank or a stale or 1'deral
.savings and IDan association Or by a state-licensed hr.mch of a foreign hrmk. Purcbases of Negllliahle
Certificates of Deposit may nDt loral more than 30% of the ccst valu" of the City's invcSlmenl
pDrtfolio.
1. Renurchase A_"Teements. A purch2Se of securities hy the City pursuant to " Mast"r Repurc:wse
Agreement agreement hy which the seDer will repurch~se such securities On ur h:.;[or~ ;1 spr.xiIi:::d
date, or on d=and of either party, and for a specifi"d amDun!. Investm"nls in n':pllre~ase
agreements will be used solely 2.S short term investments Dot to exceed 90 days ti:i;d he colJ~lttraiiz::d
by securities having a market value of at lt2.St 102% of the value oi the rtpun.:h~~~ abrrt;tmtnt ~ll all
times during tbe term of the investmtnt.
J. Medium Term Coroorate NDles. Corporale ohligrnions shall b" raied A or beller by Moody's and ur
Sta.ndard and Poor's rating agencies. Purchases of corporate medium lenn notc:s $::'0111 nol lot'll more:
than 30% of the cost value of the City's investment portfolio, nor for anyone lO.'!f'oralion, ""'oen
combined with any Commercial Paper issued hy the same corporalion, total more :han 15';' IIi' ;oe
cost value of the City's investment portfoliD.
K Various daily =b funds administered for Dr by Trustees, Paying Agents, or Custodian Banks
contracted by the City may be purchased as allowed under California Government C.ode. Only those
funds holding U.S. Treasury Or Governmenl Agency Dbligations shall be purchased.
DlVERSir1CA nON
Investments shall be dive;sified among institutions, types of securities and ",aturities to max:mize safely and
yield with changing market CDnditions. Local financial institutior.s will be giv"n preferential =msideration ror
investment of City funds c:lDsistenl with the City's objective of allaining market rales IIf retlle", and cons;stc."t
with constraints imposed by its safety ohj,,=tives, cash flow consider.1tions and State laws.
/8'''" r:--
?esoJuTlon 1257
Page
1-
COUNCIL POLICY
CITY OF CHUL.\ VISTA
SUBJECT: INVESTMENT POLlCY AND GUlDELlNES
PO LICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: Resolution 18571'
220-fJ1 I 02104N7-
I DATED: 02104/97
SAFEKEEPING
All investments of the City shall have the City of Chula Vista as regi.<;!ered O"'ner and shall he held lD
safekeeping by a third party bank trust department, acting as agent for the City unuer the' terms 01 a eush.U\"
agreemenL
INVESTMENT REPORTS
...
A... Tne Direc10r uf FinanL:c shall suhmit a ,-!uarlc.:rly inn:slmcnl n,:pllrI III lht: ("j!: M;ula.;:.t:r ~lnt..l {-j!\
Council in accordance with Government Code St:eli<.lD 164X 1.2 l.:()nLainin~ the r()lI(}win~ rnformalilJn
for each individual investment:
,
Financial institution
Type of investment
Purchase Price of investment
Rate of interest
Purchase date"
Maturity date
Current market value for securities
Other data as reguired by the City
In addition, th~ n:porl shall im:ludr: a stalcmenl of complianL:L" or the purtfolio y.'ith lhl" ("ounL:il
approved Investment Policy and a sta1t:mt:nl indicating the anility of th~ CilV In mL"t."l its l'xpL"ndilUrc-
requirem~nts for the next six months_
POLICY RevIEW
Tills invest..'"!lent policy and guiddint:...'\ shall he: adopted hy rcsoiulion of Ihl" ("iIY ("tluncil nn an annual hasis
after heing reviewed to ef1...$ure its consisle;nr.:y with the nvcr:1l1 ohjt.'ctivL"S or Pi:.."sc,,'ation o!" principal. liyuidily"
and yield., and its relevance to current law and fimmcial :md e:.:nnomic trends"
j~-/
~esol'...;':;J:i i 3571
?age S
;::ASSED, A?;::;;OV:::D. and ADOPT:::D by the City Council 01 the City 01 Chula Vista,
California, this 4th day of February, 1997, by the following vote:
AyES: Couneilmembers: Moot. Rindone, Salas, and Honan
NA YES: Couneilmembers: !\Jane
A.3SENT: Couneilmembers: Padilla
A2ST.AIN: Couneilmembers: r~one
h /'-
7 //b,/- /h-t--L~
{Shirley Horton, Mayor
A TTES,:
~A'(} (2dfJ
Beverly k. Authe!et, City Clerk
STATE OF CALIFORNIA
COUNTy 0;:: SAN DI:::GO
CITy OF Ci-iULA VIS,A
I. Beverly .A. .l\uthelel. City Clerk of the City of Chula Vista, California, do hereby car.:ify that
the foregoing Resolution No. 18571 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the A.th day of February,
1997.
Executed this A.th day of February, 1997.
~:~ rJ Slfr-U
Beverly Ai. Authelat, City Clerk
Ifj>-/(J
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ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item d--!J
Meeting Date: 02/16/99
PUBLIC HEARING TO CONSIDER ADDING SECTIONS
5.28.020 THROUGH 5.28.080 TO CHAPTER 5.28 OF THE CHULA
VISTA MUNICIPAL CODE RELATED TO TRIGGER LOCK AND
SAFE FIREARMS STORAGE.
277'/
ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTIONS
5.28.020 THROUGH 5.28.080 TO CHAPTER 5.28 OF THE CHULA
VISTA MUNICIPAL CODE RELATED TO TRIGGER LOCK AND
SAFE FIREARM STORAGE.
Chief of Polic~~",^,q...~'-'
City Attorneyz;Fb- /' ~^
City Manage~ ~ ~I \
(4/5ths Vote: Yes_ No-2L-)
The San Diego Region has experienced accidental shootings which have resulted in
injury and death for a number of our young children (Attachment A). Adequate locking
and storage of firearms can eliminate some of these tragic accidents.
California Penal Code Section 13035 governs safe firearm storage (Attachment B).
However, it does not provide a method or direction for firearm owners to obtain safety
devices upon the purchase of a firearm. Adding an effective safe firearm storage
requirement to the municipal code prevents the possibility of these tragedies from
occurring by requiring firearm dealers to provide safe storage devices with a firearm
purchase.
RECOMMENDATION: That Council adopt the attached ordinance adding section
5.28.020 through 5.28.080 to Chapter 5.28 of the Chula Vista Municipal Code related to
Trigger Lock and Safe Firearm Storage.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: During April of 1998, Council directed Staff to review and recommend
action for developing a child safety gun lock ordinance. Children are naturally curious
and if they come across a loaded, unlocked gun, the chances that they will accidentally
hurt themselves or another child exists. We cannot take that chance.
dJ~ /
Page 2, Item
Meeting Date: 02/16/99
Every day in America, sixteen children, age 19 and under, are killed in gun homicides,
suicides and unintentional shootings. Many more are wounded. (National Center for
Health and Statistics, 1996.) Hospital emergency room departments treat four children
for gunshot wounds for every child killed by gunfire. (J. L. Annest, Journal of the
American Medical Association, 1995.)
The proposed ordinance (Attachment C) would:
.
Require all licensed firearm dealers in the City of Chula Vista to include
with every purchase of a firearm, a trigger locking device, gun locking
device, or a lockable storage container made from hard plastic, metal,
heavy canvas, or ballistic nylon capable of covering the whole of the
firearm sold. The storage container must be capable of being locked.
The storage container shall have, or shall be provided with, a lock. All
locks or locking devices sold, furnished or made available, shall have a
key or a combination with at least three tumblers
.
Require firearm dealers to provide printed material (Attachment D),
approved by the Chief of Police, advising safe firearm storage practices
with any sale, lease or transfer of ownership of any firearm.
.
Require firearm dealers to obtain, from the person receiving the firearm, a
signed acknowledgment (Attachment E) that the safe firearm storage
device and the printed materials on safe firearm storage practices were
received.
There is nothing in this ordinance that would prevent the firearm dealer from recovering
the cost of providing a safe firearm storage device. The dealer may charge a price for
the safe firearm storage device, either separately or as part of the price of the firearm.
NOTIFICATION: The City of Chula Vista has twelve (12) firearms dealers who have
been contacted and advised of the proposed ordinance. Nine (9) dealers support the
ordinance. One (1) dealer expressed a desire to have the ordinance be more flexible
by allowing the firearm dealer and purchaser to sign an affidavit stating that the firearm
will be stored safely. If such an affidavit were to be signed, the dealer would not need
to provide a locking device. The dealer requested that the purchaser be allowed to
provide their own locking device. One (1) dealer would not support the ordinance. One
(1) dealer did not respond.
STATE LAW: A local ordinance requiring firearms to be sold with a trigger lock or
similar device is not preempted by State law. (Suter v. City of Lafayette (1997) 57
Cal.App.4TH 1109). However, an appellate court has determined that the State
J.{) ~ ;L
Page 3, Item
Meeting Date: 02/16/99
Legislator intended its occupation of the field of firearm storage by dealers to be
exclusive. (Suter v. City of Lafayette, supra, 57 Cal.App.4TH 1109). Consequently, the
ordinance does not require that firearm dealers store firearms with trigger locks or
similar devices.
The County of San Diego and several cities have adopted a child safety gun lock
ordinance. These include the City of San Diego, City of Escondido and City of National
City. This ordinance is a pro-active step to effectively reduce accidents caused by
firearms. Implementation of a child safety gun lock ordinance provides a method to
safely store firearms to those directly involved in the purchase of firearms. This
ordinance gives firearm owners an option for storing firearms and places a
responsibility on new firearm owners to keep their firearms in a safe manner, inevitably
saving lives.
FISCAL IMPACT: There is no net fiscal impact to the General Fund.
~o~3
(Attachment A)
San Diego Union Tribune
Articles
"Bov critical. shot while he. friend plav with aun"
Chula Vista - A 14-year-old boy was critically wounded yesterday when he was accidentally shot in the
neck as he and a friend played with a pistol.
San Diego Union Tribune - September 14, 1996
"Traaic aunshot takes a pal's life - Chula Vista boy killed bv friend in an accident"
Chula Vista - 16-year-old Hector Delgado was accidentally shot in the chest and killed as Miguel Lopez,
20, showed him the gun in a bedroom of Hector's home.
San Diego Union Tribune - March 7, 1996
"Teen wounded when handgun is fired accidentally"
Chula Vista - A teenager showing off a handgun accidentally shot his 16-year-old friend yesterday.
San Diego Union Tribune - February 11,1994
"Bov. 15. kills himself with an "unloaded" pistol"
Chula Vista - A 15-year-old boy pointed what he though was an unloaded gun at his nephew and
pretended he was going to shoot. Then he put the barrel to his own head stating "don't worry, the gun
won't shoot," then smiled and fired.
San Diego Union Tribune - January 1, 1994
"Bov. 9. is accidentallv killed bv older brother"
San Diego - Police said the boy was at home with his only brother who took an AR-15 rifle from their
parent's closet. The 13-year-old brother didn't realize the gun was loaded an accidentally fired it, shooting
his younger brother in the chest.
San Diego Union Tribune - January 12, 1997
"Youth is wounded: teens held in 'aame'"
San Ysidro - A bullet from a .38 caliber pistol stolen by a 15-year-old boy tears into 16-year-old's mouth
after the boy loads one round in gun and points it at his friends.
San Diego Union Tribune - September 10, 1996
"Bov dies after accidental shootina"
San Diego - A City Heights teenager died after being shot in the head by his friend with a semi-automatic
pistol. The boys were examining the weapon and apparently did not know that the weapon was loaded.
San Diego Union Tribune - June 19, 1996
20- L(
(Attachment A)
"A Bov. 15. killed bv shot from rifle"
San Diego - A 15-year-old boy apparently was accidentally shot and killed by a friend
last night inside a house on Irvine Avenue near Crosby Street.
San Diego Union Tribune - June 19, 1995
"Shootina of airl called accident"
Spring Valley - A 15-year-old girl was in critical condition yesterday with a gunshot wound in the head, the
victim of an apparent accident.
San Diego Union Tribune - June 8, 1995
"Gunshot in chest kills Pendleton airl. 14: belieyed accidental"
Camp Pendleton - An accidental shooting killed 14-year-old Katrina Cabal. Katrina's sister's boyfriend, not
knowing the weapon was loaded, aimed it at her and pulled the trigger.
San Diego Union Tribune - April 27, 1995
"Boy faces school for offenders in fatality - Teen accidentally shot his best friend"
Spring Valley - While playing with a handgun taken from his uncle, a 13-year-old boy shot his pal, Javier
Alvarez, once in the head.
San Diego Union Tribune - March 14, 1995
"Teens find aun: one shot dead"
Spring Valley - A 16-year-old boy died in what may have been an accidental shooting. Daniel Holmes
died when a gun he and a friend found in his residence discharged, possibly accidentally.
San Diego Union Tribune - January 16, 1995
''''Unloaded'' aun fires. kills boy, 13"
Nationai City - What appeared to be an accidental shooting claimed the life of a 13-year-old Chula Vista
boy here last night.
San Diego Union Tribune - August 13, 1994
d-() '__5
Penal Code Section 12035
(Attachment B)
Criminal storage of fIrearms; fIrearms accessible to children.
(a) As used in this section, the following definitions shall apply:
(1) "Locking device" means a device that is designed to prevent the
firearm from functioning and when applied to the firearm, renders the
fireann inoperable.
(2) "Loaded firearm" has the same meaning as set forth in subdivision
(g) of Section] 2031.
(3) "Child" means a person under 16 years of age.
(4) "Great bodily injury" has the same meaning as set forth in Section
]2022.7.
(5) "Locked container" has the same meaning as set forth in
subdivision (d) of Section 12026.2.
(b)(l) Except as provided in subdivision (c), a person commits the
crime of "criminal storage ofa firearm of the first degree" ifhe or she
keeps any loaded firearm within any premise which is under his or her
custody or control and he or she knows or reasonably should know that
a child is likely to gain access to the fireann without the permission of
the child's parent or legal guardian and the child obtains access to the
firearm and thereby causes death or great bodily injury to himself,
herself, or any other person.
(2) Except as provided in subdivision (c), a person commits the crime
of "criminal storage of a firearm of the second degree" ifhe or she
keeps any loaded fireann within any premise which is under his or her
custody or control and he or she knows or reasonably should know that
a child is likely to gain access to the firearm without the permission of
the child's parent or legal guardian and the child obtains access to the
firearm and thereby causes injury, other than great bodily injury, to
himself, herself, or any other person, or carries the firearm either to a
public place or in violation of Section 417.
(c) Subdivision (b) shall not apply whenever any of the following
occurs:
(1) The child obtains the firearm as a result of an illegal entry to any
premises by any person.
(2) The firearm is kept in a locked container or in a location that a
reasonable person would believe to be secure.
(3) The firearm is carried on the person or within such a close
proximity thereto so that the individual can readily retrieve and use the
firearm as if carried on the person.
(4) The firearm is locked with a locking device that has rendered the
Firearm inoperable.
(5) The person is a peace officer or a member of the armed forces or
national guard and the child obtains the firearm during, or incidental to,
the performance ofthc person's duties.
(6) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person, or persons.
(7) The person who keeps a loaded firearm on any premise which is
under his or her custody or control has no reasonable expectation, based
on objective facts and circumstances, that a child is likely to be present
on the premise.
(d) Criminal storage of a firearm is punishable as follows:
(1) Criminal storage ofa firearm in the first degree, by imprisonment
in the state prison for 16 months, or 2 or 3 years, by a fine not exceeding
ten thousand dollars ($10,000), or by both that imprisonment and fine;
or by imprisonment in a county jail not exceeding one year, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
(2) Criminal storage of a firearm in the second degree, by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
(e) If the person who allegedly violated this section is the parent or
guardian of a child who is injured or who dies as the result of an
accidental shooting, the district attorney shall consider, among other
factors, the impact of the injury or death on the person alleged to have
violated this section when deciding whether to prosecute an aHeged
violation. It is the Legislature's intent that a parent or guardian of a child
who is injured or who dies as the result of an accidental shooting shall
be prosecuted only in those instances in which the parent or guardian
behaved in a grossly negligent manner or where similarly egregious
circumstances exist. This subdivision shall not otherwise restrict, in any
manner, the factors that a district attorney may consider when deciding
whether to prosecute alleged violations of this section.
(f) If the person who allegedly violated this section is the parent or
guardian of a child who is injured or who dies as the result of an
accidental shooting, no arrest of the person for the alleged VIOlation of
this section shall occur until at least seven days after the date upon
which the accidental shooting occurred.
In addition to the limitation contained in this subdivision, a law
enforcement officer shall consider the health status ofa child who
suffers great bodily injury as the result of an accidental shooting prior to
arresting a person for a violation of this section, if the person to be
arrested is the parent or guardian of the injured child. The intent of this
subdivision is to encourage law enforcement officials to delay the arrest
of a parent or guardian of a seriously injured child while the child
remains on life-support equipment or is in a similarly critical medical
condition.
(g)( I) The fact that the person who allegedly violated this section
attended a firearm safety training course prior to the purchase of the
firearm that is obtained by a child in violation of this section sihall be
considered a mitigating factor by a district attorney when he or she is
deciding whether to prosecute the alleged violation.
(2) In any action or trial commenced under this section, the fact that
the person who allegedly violated this section attended a firearm safety
training course prior to the purchase of the firearm that is obtained by a
child in violation of this section, shall be admissible.
(h) Every person licensed under Section 12071 shall post within the
licensed premises the notice required by paragraph (7) of subdIvision (b)
of that section, disclosing the duty imposed by this section upon any
person who keeps a loaded firearm. (Added by Stats 1991 ch 956
section 2; amended by Stats 1997 ch 460 section 1, (] 1\ /98.)
c2.0 / b
(Attachment C)
ORDINANCE NO. ;2 7 ') i
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
SECTIONS 5.28.020 THROUGH 5.28.080 TO CHAPTER 5.28 OF
THE CHULA VISTA MUNICIPAL CODE RELATED TO
TRIGGER LOCK AND SAFE FIREARM STORAGE.
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Chapter 5.28 of the Chula Vista Municipal Code is hereby amended by adding
Sections 5.28.020 through 5.28.080 to read as follows:
5.28.020
Purpose.
The purpose of this section related to trigger lock and safe firearm storage is to reduce the
incidents of accidental gun deaths caused by the unintentional discharge of a loaded firearm. Ten
percent of all gun deaths in the United States are caused by accidental or unintentional discharge
of a loaded firearm. One out of three deaths from accidental firearm discharges could be
prevented by a firearm safety device. Most children who accidentally injure or kill themselves or
a friend, do so while playing with a loaded firearm found in their home or a friend's home. The
number of accidental deaths and injuries attributed to firearms and other weapons is unacceptable
and warrants stricter control over the handling and storage of lawful firearms. Firearm owners
have a responsibility to keep the public safe from the consequences associated with the
proliferation and unsafe storage of firearms. Trigger locks or other similar devices, when
properly used, can prevent the accidental discharge of firearms. This city has an interest in
encouraging firearm owners to store their firearms in a safe manner and out of the reach of
children.
5.28.030
Definitions.
The purposes of this chapter, the below terms are defined as follows:
(a) "Firearm" means any device, designed to be used as a weapon or modified to be used as a
weapon, from which a projectile is expelled through a barrel by the force of explosion or
other form of combustion.
(b) "Firearm dealer" means any person licensed by the City pursuant to California Penal
Code Section 12071 for the retail sale of firearms within the City ofChula Vista.
"Firearm dealer" shall not include persons involved in transactions excluded under
California Penal Code Section 12070.
.10-?
Ordinance
Page 2
(c) "Safe firearm storage device" or "safe storage device" shall mean any of the following
devices, the proper use of which will prevent the unintentional discharge of the firearm:
1. A lockable hard plastic or metal box capable of covering the whole of the firearm
sold. The box shall have, or shall be provided with, a lock.
2. A soft case with an outer shell made with a heavy canvas or ballistic nylon
capable of covering the whole firearm sold. The case shall have a zipper capable
of being locked shut. The soft case shall have, or shall be provided with, a lock.
3. Any type ofreusable locking device that is capable ofrendering the firearm sold,
leased, or transferred inoperable, when properly installed by keeping the trigger
from releasing the sear thereby dropping the firing pin, or locking the action of the
firearm open so it will not go into battery. Any device integrated into the firearm
by the manufacturer which meets the criteria of this paragraph shall qualify as a
safe firearm storage device.
4. All locks or locking devices sold, furnished or made available, in order to comply
with the provisions of this chapter shall have a key or a combination with at least
three tumblers.
A firearm "safety" shall not be considered a safe storage device for purposes of this Chapter.
5.28.040
Provision of Safe Firearm Storage Device.
(a) It is unlawful for any firearms dealer to sell, lease or otherwise transfer ownership of any
firearm without also providing with the firearm a safe firearm storage device designed to
prevent the unintentional discharge of the firearm being sold, leased, or transferred.
(b) The safe firearm storage device shall be locked in place, properly attached to, or properly
covering, the firearm at the time it leaves the firearm dealer's premises.
(c) Nothing in this Chapter shall prevent the firearm dealer from recovering the cost of
providing a safe firearm storage device by charging a price for the safe storage device,
either separately or as part of the price of the firearm.
;2 0- g'
Ordinance
Page 3
~_2g_0~0
Prov~s;on of Safe -P;rearm Storage Mater:als.
It is unlawful for any firearm dealer to sell, lease or otherwise transfer ownership of any
firearm without providing with the firearm printed material, approved by the Chief of Police, that
advises the user of safe firearm storage practices.
5.28.060
Acknowledgment of Receipt by Purchaser.
In connection with the sale, gift, loan or transfer of a firearm, the firearms dealer shall
obtain from the person receiving the firearm a signed acknowledgment that a trigger locking or
similar device required by Section 5.28.030 and the printed material required by Section
5.28.050 has been provided with the firearm. The acknowledgment shall be in a form approved
by the Chief of Police. The firearms dealer shall retain signed acknowledgments of receipt in the
same manner and to the same extent as required by State law for other firearm transaction
records.
5.28.070
Representations.
A firearms dealer who has fully complied with the provisions of this section relating to
trigger locking or similar devices shall not be presumed to have made any representation to the
transferee regarding the safety or appropriateness of the use of the trigger locking or similar
device, nor shall the firearms dealer be liable in any civil action brought against the firearms
dealer, to the extent such liability would be based solely upon the act of furnishing the trigger
locking or similar device to a person in compliance with this section.
5.28.080
Exceptions.
(a) The requirements of Section 5.28.040,5.28.050 and 5.28.060 shall not apply to firearms
that have been determined by the Director of the Bureau of Alcohol, Tobacco and
Firearms, Department of Treasury, to be curios or relics under federal law.
(b) The requirements of Section 05.28.40,5.28.50 and 5.28.60 shall not apply to firearms
rented at a licensed range for use on the range and shall not apply to temporary lending
transactions in which the firearm does not leave the premises of the firearm dealer.
SECTION II: The requirements of Section I, shall be enforced and effect, and shall apply to all
firearm dealers now and hereafter licensed, thirty days after the date on which the Chief of Police
sends written notice to currently licensed firearm dealers of the approved trigger locking or
similar devices, printed safety material and form of acknowledgment.
;l()~9
Ordinance
Page 4
SECTION III: Severability. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held invalid or unconstitutional for any reason by any court or competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions.
Presented by
Approved as to form by
.
~
t~~
City Attorney
c10 - /0
(Attachment D)
ReSDonsible Gun Ownership
It is an adult's responsibility to take all possible steps to make sure a child does not have unauthorized
or unsupervised access to guns. Some parents may wish to teach their children about the proper use
and handling of guns. Other parents may choose to teach their children to avoid guns altogether.
Whatever your choice, the following information is intended to help in the prevention of injuries and
deaths caused by shootings.
It's about keeping kids safe.
Guns can cause injury or death. If and how they are handled is crucial to preventing accidental
shootings. Gun owners should be aware of the state law regarding children and guns. Under Section
12035 of the California Penal Code, any person who keeps a loaded gun where a child can access and
use it to cause harm or injury may be prosecuted, fined and sentenced to jail. All guns should be
unloaded and properly stored with a trigger lock, or secured in a locking firearm storage box, safe or
case. Ammunition should be stored in a location separate from the gun.
You Can Never Be Too Careful
Each year, many children are injured or die because of incidents with guns that could have been
avoided. Children are curious - especially about unfamiliar things or those they think are "forbidden."
It is important for them to understand that guns are not toys, and there is a difference between real and
make-believe. Television shows and movies that glamorize guns do not tell the full story. Children
should know that real guns will hurt or kill someone who is shot. If you handle guns in the presence
of children, practice gun safety rules at all times. You should also be aware that a child could discover
a gun when a parent or other adult is not present. This could happen in public places, or the home of
a friend, neighbor or relative. If it happens, a child must know the following rules:
STOP (Children who find a gun should stop what they are doing.)
DON'T TOUCH (Children may think the best thing to do is pick up the gun and take it to an adult. They
should never touch a gun they find.)
LEAVE THE AREA (Children should immediately leave the area where they see or find a gun. They
should not attempt to take a gun away from another child or try to stop someone from using a gun.)
TELL AN ADULT (Alwavs!)
Safe Gun Storaae
The need for safety does not end when a gun is no longer in your hands. You must provide safe and
cl-tJ -/ /
secure storage of a gun and its ammunition. To safely store your gun, remove the bullets and use a
locking container or a locking mechanism that makes the gun inoperative. For maximum safety, you
should use both and lock the ammunition in a separate piace. Security devices come in a wide range
of varieties and prices, including:
. Trigger locks
. Chain or cable locks
. Commercial gun safes and vaults
. Gun cabinets
. Wall racks
. Zippered soft gun cases
. Steei or hard security cases
Check with your firearms dealer for information on these and other types of safety firearms storage
devices. Because of the variety of styies and prices, gun storage devices do not have to be a costly
investment. But, they can save lives, which are priceless.
Storaae Methods
Whether you have children or not, you should be aware of methods to store and safeguard guns to
prevent children from accessing them.
. Use a trigger lock or "action" lock, and store the gun in a locked container
. Always store a gun unloaded
. Store ammunition separateiy in a locked container
. Do not store a gun where it is visible
. Do not store a gun in a night stand or under a bed mattress or pillow
. Do not store a gun among your valuables unless locked in a secure container
. Be sure the places you store guns and ammunition are not easily accessible to children
Five Basic Gun Safetv Rules
. Treat all guns as if they are loaded
. Keep a gun pointed in the safest possible direction
. Always keep your finger off the trigger until you are ready to shoot
. Know your target and its surroundings
. Securely store your gun and ammunition when not in use
Most Important: Use your Common Sense. It's All About Keepina Kids Safe
;20 ~ J~
(Attachment E)
CHULA VISTA POLICE DEPARTMENT
ACKNOWLEDGMENT OF RECEIPT
SAFE FIREARM STORAGE DEVICE
Chula Vista Municipal Code Section 5.28.040(a) states it is unlawful for any firearm dealer to sell, lease
or otherwise transfer ownership of any firearm without also providing with the firearm a safe firearm
storage device designed to prevent the unintentional discharge of the firearm being sold. Chula Vista
Municipal Code 5.28.040(b) states the safe firearm storage device shall be locked in place, properly
attached to, or properly covering the firearm at the time it leaves the firearm dealer's premises. Chula
Vista Municipal Code 5.28.050 states it is unlawful for any firearm dealer to sell, lease or otherwise
transfer ownership of any firearm without providing the firearm printed material, approved by the Chief
of Police, that advises the user of safe firearm storage practices. Chula Vista Municipal Code 5.28.060
states that an acknowledgment form that is approved by the Chief of Police will be signed and retained in
the same manner and to the same extent as required by State law for other firearm transaction records.
DATE OF FIREARM TRANSFER:
DROS TRANSACTION NUMBER:
FIREARM MAKE/MODEL:
SERIAL NUMBER:
TYPE OF SAFE FIREARM STORAGE DEVICE:
NAME OF PURCHASER:
(Last)
(First)
(Middle)
PURCHASER'S SIGNATURE:
Purchaser Signature: I certify nnder penalty of perjury that to my knowledge and belief that I have received
from the dealer a safe firearm storage device and safety information as required in C.V.M.C. Section 5.28.040
and 5.28.050.
DEALER'S SIGNATURE:
Salesperson Signature: I certify under penalty of perjury that to my knowledge and belief I have provided a
safe firearm storage device and safety information as required in C.V.M.C. 5.28.040 and 5.28.050.
Original-dealer copy to be attached to 4473 Form.
c20 ~ /3
Public Hearing: PCM 97-11; Request to amend the Otay Ranch Sectional
Planning Area (SPA) One for Phase Seven (Purple Phase) ofthe Village One
Core and Village One West including the Planned Community District
Regulations; Village Design Plan; Parks, Recreation, Open Space and Trails
Master Plan; and Affordable Housing Plan.
Resolution !'j:1? -Iof the City Council of the City of Chula Vista
approving amendments to the Otay Ranch Sectional Planning Area (SPA)
One Plan; Village Design Plan; Parks, Recreation, Open Space and Trails
Master Plan; and Affordable Housing Plan.
Ordinance ..< 7l~ the City Council of the City of Chula Vista
approving the Otay Ranch Amended Sectional Planning Area One
Planned Community District Regulations.
Director of Planning and Building ~t
\f-J
City Manager~ (4/Sths Vote: Yes_ No~)
The Otay Ranch Company has applied to amend the Otay Ranch SPA One Plan for the Village One
Core - Phase Seven (Purple Phase), and the area of Village One west of Pas eo Ranchero (Village
One West). The SPA One amendment implements the recently approved Otay Ranch General
Development Plan (GDP) Amendments for Village One and Village One West. The SPA One
Amendment for the Village One Core area expands the development area in Phase Seven (Purple
Phase) consistent with the GDP amendment and modifies the design of the "Main Street" concept.
The Village One West amendment adds approximately 296.5 total developable acres and
corresponding increase in the number of units in the area west of Pas eo Ranchero.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 02/16/99
p.
/9
The Environmental Review Coordinator has concluded that the impacts of the proposed amendments
were adequately analyzed in the SPA One Amendment FEIR 97-03 and GDP FEIR 90-01 and,
therefore, no further action is needed.
RECOMMENDATION:
That the City Council adopt the attached resolution amending to the Otay Ranch SPA One Plan and
ordinance amending the Otay Ranch SPA One Planned Community District Regulations.
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Meeting Date: 02/16/99
BOARDS/COMMISSIONS RECOMMENDATION:
The Planning Commission held a Public Hearing on February 3, 1999 and voted 6-0 to
recommend approval of the amendments to SPA One with a limit of 845 single family units in
Village One West, as well as the amendments to the SPA One Planned Community District
Regulations.
BACKGROUND:
1. Site Characteristics
The Village Core area of Village One is characterized by rolling hills with scenic canyons and
undulating edge conditions. The Village One Core area was dry farmed in the past while cattle
grazing occurred in the Village One West area. The Village One area north of East Palomar
Street is currently under development with the construction of single-family homes and Heritage
Park. The Village Core amendment is in Phase Seven (Purple Phase) south of East Palomar Street.
The Village One West area has several canyons that contain native habitat. As part of the recent
GDP amendments, the wildlife agencies have authorized the "taking" of this habitat in exchange
for habitat in the Proctor Valley Parcel and the San Y sidro Parcel.
2. General Plan, Zoning and Land Use
General Plan
The General Plan designations for the Village One Core are Village Core (VC) and Low Medium
Village (LMV). The Village One West area is designated Low Medium (LM). The Otay Ranch
GDP for Village One designates the core area as Mixed Use (MU) with surrounding Medium
High density (18 DUs/acre). The MU designation contains the commercial, community purpose
facility, park and elementary school uses. The GDP designation for the Village One West area
was recently amended to expand the Low Medium development area to approximately 200 acres
with a density of up to 4.0 DUs/acre.
Rancho del Rey SPA Three is located to the north of Village One. The Rancho del Rey Middle
School and Voyager Park are located directly to the north. Village Five of the Otay Ranch is
located to the east and has similar General Plan and GDP designations as Village One. Village
Two is located to the south and has similar designations except that Village Two is not a transit
village, so the maximum multi-family density is 14.5 DUs/acre. The Sunbow master planned
community is located to the west of Village One West. The area adjacent to Village One West is
designated for single-family homes on 5,000 and 6,000 square foot lots.
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Page 3, Item 13' j I
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Meeting Date: 02/16/99
Zoning
The Otay Ranch, within the City, is zoned Planned Community (PC) as is Sunbow and Rancho
del Rey. Land development regulations are contained in the Planned Community District
Regulations within each master planned community SPA plan. The area adjacent to the Otay
Ranch SPA One Plan is planned for single-family homes in Sunbow and a middle school and park
in Rancho del Rey. No development regulations have been proposed for Village Two in the Otay
Ranch since a SPA plan has yet to be prepared.
Current Land Use
The Village Core of Village One is currently vacant and undeveloped south of East Palomar
Street, although there is some storage of construction equipment on this portion of the village.
Village One West is vacant and unimproved, although cattle grazing has occurred recently. The
Sunbow property, adjacent to Village One West, is also vacant and unimproved. To the north,
Rancho del Rey Middle School is open and Voyager Park is scheduled to open in the near fu ture.
V illage Two to the south is still used for agricultural purposes.
3. Proposed Plan
The SPA One Plan amendment proposes land use changes in the Village One Core - Phase Seven
(Purple Phase of the PFFP), and the addition of the Village One West area into the SPA Plan. A
summary of the major modifications is included in this Agenda Statement as Attachment lA. The
SPA One Plan amendments reflect the Otay Ranch GDP amendments adopted by the City Council
on November 10, 1998. The SPA One land use plan for the Village One - Phase Seven (Purple
Phase) is modified to reflect the MSCP agreement between the applicant and the resource agencies
which allowed additional development in Poggi Canyon in exchange for the deletion of
development in Villages 13 and 15, north and south of the Lower Otay Reservoir. The revised
land use plan includes an expanded development area with single-family units to the south. The
Village Core "Main Street" theme is implemented along East Palomar Street with diagonal
parking fronting the commercial/mixed use area across from the II-acre Heritage Park.
In addition, the SPA Plan amendment proposes transferring units from Village One proper to
Village One West. When the SPA One Plan was approved in June of 1996, the project applicant,
Village Development (now know as The Otay Ranch Company), did not utilize all of the single-
family units authorized by the GDP for Villages One and Five. Not all of the units were allocated
because the applicant chose to plan a variety of single-family lot sizes.
The Otay Ranch Company SPA One Plan application proposed 2,878 units in Village One
exclusive of Village One West. Of this amount, 1,422 are multi-family and 1,456 are single-
family, 188 units less than authorized by the GDP. In their current proposal, Otay Ranch
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Meeting Date: 02/16/99
Company requests that these unallocated units be distributed in the two multi-family
neighborhoods in Phase Seven (Purple Phase), and the balance transferred to the Village One West
area.
A. Village One Core - Phase Seven (Purple Phase)
Discussion:
The Otay Ranch Company proposes to amend the SPA One Plan application to allocate all of the
multi-family units authorized by the GDP for Village One. The SPA One Plan (approved in June
of 1996) allocated all of the GDP required 1,566 multi-family units in the Village One Core. This
number of multi-family units was based on the Medium High designation in the GDP designation
of 18 dwelling units per acre. The GDP was recently amended to provide flexibility in the number
of multi-family units, provided that, sufficient multi-family densities were approved to support
the light rail transit line. Otay Ranch Company originally applied for 1,422 units in the core but
have amended their application to request 1,512 dwelling units, an increase of 90 units in Phase
Seven of the Plan.
Phase Seven of SPA One is located south of East Palomar Street and contains Neighborhoods R-
15, R-16, R-17, R-18, R-19, R-47 and R-48. The amendment proposes the following areas and
densities:
Neighborhood Land Use Area DUs Density
R-15/CPF-2 MF/CPF 16.3 ac/4.5 ac 464 28.6 DUs/ac
R-16 MF 14.5 ac 115 7.9 DUs/ac
R-17 SF 17.1 ac 99 5.8 DUs/ac
R-18 SF 10.3 ac 74 7.2 DUs/ac
R-19 MF 6.8 ac 204 30.0 DUs/ac
R-47/CPF-lIC-1 MF/CPF/C 4.4 ac/1.5 ac/8.1 ac 174 39.5 DUs/ac
R-48 SF 16.5 ac 97 5.9 DUs/ac
100.1 ac 1,512
Neighborhood R-15/CPF-2
This 16.3-acre site is planned for a multi-family project of up to 464 dwelling units. The plan
proposes a floating 4.5-acre CPF site, most likely for a church. The floating designation allows
for a combination church/affordable housing project. If only a church is proposed, staff would
encourage it to locate on the southeast corner of Santa Andrea and Eas t Palomar Street. A paseo
with emergency access will extend along the south side of the neighborhood connecting
Neighborhood R-14 with the Village Core. Private access through R-15 is proposed from Santa
Alicia.
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Meeting Date: 02/16/99
Neighborhood R-16
This neighborhood is proposed as a multi-family site at a density of 7.9 dwelling units per acre
in order to facilitate single-family homes served by an alley similar to Neighborhood R-14. The
SPA One conditions of approval require any SPA amendments to propose an alley product. All ey
products have a strong pedestrian orientation because no garages front on the street.
Neighborhood R-17
This neighborhood expands the development area of Village One along Poggi Canyon as provided
for in the recent GDP amendment. The proposal changes the land use from multi-family to single-
family. The neighborhood is further from the transit station and outside the l/4-mile radiu s to the
station. This change is consistent with the amendments approved last year for McMillin.
Neighborhood R-18
Neighborhood R-18 is also proposed as a single-family neighborhood but at a slightly higher
density of 7.2 dwelling units per acre.
Neighborhood R-19
This neighborhood remains as a multi-family site and as a target site for the affordable housing
location for this Village and Telegraph Canyon Estates. The proposed density of 30 dwelling units
per acre will support the transit station. The future project will be oriented toward East Palomar
Street and Santa Helena.
Neighborhood R-47/CPF-l/C-l
This neighborhood is the mixed use center of the Village Core. The commercial ground floor
frontage along East Palomar Street will provide for the day-to-day needs of the village residents.
A multi-story medical office building with a first floor pharmacy is under consideration for the
corner of East Palomar Street and Santa Andrea.
Neighborhood R-48
This single family neighborhood is proposed at a similar density to R-17 at 5.9 DUs/acre. The
neighborhood is outside the l/4-mile service radius of the transit station.
Analysis:
The proposed amendments to the Otay Ranch SPA One Plan by the Otay Ranch Company focus
on Phase Seven (Purple Phase) of Village One and Village One West. The changes to Phase Seven
(Purple Phase) deal with changes to the original "Main Street" concept and the expansion of
development areas allowed by the recent GDP amendments. The approved SPA One Plan
provided a "Main Street" running south from East Palomar Street to the south edge of the village.
While a CPF site was planned at the end of the street, there was not a destinat ion for residents of
the village. The applicant was concerned that residents would not use the commercial activities
since there was nothing to draw them down the street. The applicant proposed to re-orient the
"Main Street" to East Palomar Street. The proposal is to orient the commercial uses to East
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Meeting Date: 02/16/99
Palomar Street frontage and provide diagonal parking on East Palomar Street with additional
parking in the back. The commercial is proposed to be a true mixed use with two to three stories
of residential units located above the ground floor commercial.
Staff believes that, under the previous plan, "Main Street" did not go to a particular destination,
and there would be difficulty drawing residents down the street, while under the current plan, a
significant amount of pedestrian activity will occur along East Palomar Street. There are two lanes
for traffic so the diagonal parking will not create problems with traffic backing on East Palomar
Street. MTDB staff believes there is sufficient density in R-47 to support the transit line. In
addition, the applicant is now proposing additional units in R-15 and R-19 to exceed the threshold
for transit oriented development.
The other major change in Phase Seven (Purple Phase) is the expansion of the development area
authorized by the recent GDP amendment that allowed the "taking" of the habitat along the north
side of Poggi Canyon. The expansion of the development area allow s for the provision of single-
family homes on the south side ofthe Village Core. The densities are stepped down from the core
in accordance with GDP policies. The single family areas are outside the 1/4 mile service radius
for the transit station. In accordance with the SPA One conditions of approval, an additional area
of alley product is proposed for R-16.
The multi-family neighborhoods in R-15, R-19 and R-47 will all have public street access. A
guarded entrance is proposed on the draft Tentative Map for the single-family homes in Phase
Seven (Purple Phase) similar to the single-family neighborhoods on the north side of East Palomar
Street. Additional internal access will be provided through R-15 to the other guarded entrance on
the south side of East Palomar Street.
Issues:
Guarded Entrances:
The SPA Plan indicates two guarded entrances for Village One on the south side of East Palomar
Street. City staff was concerned over the continued use of restricted access to these
neighborhoods, which according to City policy, requires the residential streets to be private. Staff
took the issue to the Executive Committee for review. After considering the issue the Executive
Committee decided to support the applicant's proposal for guarded entrances in Phase Seven to
be consistent with the guarded entrances and private streets on the. north side of East Palomar
Street.
All the other SPA One level issues have been resolved to staffs satisfaction for Phase Seven
(Purple Phase).
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Page 7, Item z.( d I
Meeting Date: 02/16/99
Conclusion for Phase Seven:
Staff believes the SPA One amendments for Phase Seven, proposed by the applicant are consisten t
with the Otay Ranch GDP policies and recommends approval of the amendments.
B. Village One West
Discussion:
The SPA One amendment proposes to add the development area to Village One West, as well as
increase the allowable number of dwelling units, densities and development area authorized for
Village One West. This portion of Village One is located west of Paseo Ranchero, south of
Telegraph Canyon Road, north of the proposed extension of Olympic Parkway and east of the
existing Sunbow residential development. East Palomar Street is proposed to be extended through
Village One West from Sunbow to the Village One Core. In addition, the proposed future
extension of the light rail transit runs through the northern section of Village One West from
Telegraph Canyon Road southeast to connect into the East Palomar Street median. This portion
of Village One also has multiple ownerships.
Village One West, as adopted in the Otay Ranch GDP amendment on November 10, 1998,
approved a development area of approximately 237 acres. This amendment authorized 803 single-
family residential units and a density of 4.0 DDs per acre. It also provided a 5.0-acre
neighborhood park, a 1O.0-acre elementary school and open space.
The Otay Ranch Company has proposed that the amended SPA One Plan for Village One West
include 890 single-family residential units, a 1O.7-acre elementary school site, a 5.I-acre
neighborhood park, 56 acres of open space and 26 acres of circulation on a total of 296.5 acres.
Entry cottages (guarded entries) are included at four main entrances to the residential
neighborhoods south and north of East Palomar Street. The right-of-way for the light rail transit
is reserved through the northern portion of Village One West.
The SPA One amendment for Village One West proposes 14 neighborhoods designed for varying
densities of single-family residential land use. Neighborhoods R-49A, R-49B, R-50, R-51A, R-
5IB, R-52A and R-52B are proposed north of East Palomar Street. Neighborhoods R-53, R-54,
R-55, R-56A, R-56B, R-57, R-58, R-59 and R-60 are proposed for south of East Palomar Street.
Outparcelland areas under different ownership have been included by The Otay Ranch Company
with various single-family residential densities in Neighborhoods R-49B, R-51B, R-52B and R-
56B. The amendment proposes the following densities in each residential neighborhood:
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Page 8, Item 23~\
Meeting Date: 02/16/99
Neil:hborhood Land Use Area DUs Density
R-49A SF 15.1 ac. 88 5.8 DUs/ac
R-49B(Ross) SF 4.0 ac 27 6.8 DUs/ac
R-50 SF 21.5 ac. 86 4.0 DUs/ac
R-51A SF 16.9 ac. 66 3.9 DUs/ac
R-5IB(deGraaf) SF 7.6 ac 27 3.6 DUs/ac
R-52A SF 17.1 ac. 66 3.9 DUs/ac
R-52B(Ross) SF 1.8 ac 8 3.3 DUs/ac
R-53 SF 9.1 ac. 36 4.0 DUs/ac
R-54A SF 2.6 ac. 9 3.5 DUs/ac
R-54B(Gerhardt) SF 5.2 ac. 28 5.4 DUs/ac
R-55 SF 18.7 ac 94 5.0 DUs/ac
R-56 SF 14.6 ac 77 5.3 DUs/ac
R-57 SF 4.3 ac. 22 5.1 DUs/ac
R-58 SF 19.4 ac. 69 3.6 DUs/ac
R-59 SF 14.9 ac. 64 4.3 DUs/ac
R-60 SF 18.4 ac. 88 4.8 DUs/ac
190.6 ac. 855
In addition to the proposed residential neighborhoods, a 10.2-acre school site (S-3), proposed to be
located at the southwest intersection of East Palomar Street and Paseo Ranchero, is designed to
accommodate an elementary school with access from East Santa Carina. A 5.1-acre neighborhood
park (Park P-13) is proposed to be located south of the East Palomar Street extension at the western
boundary of Village One West adjacent to the Sunbow development on the Gerhardt property.
The Otay Ranch GDP policies require Village One West to be compatible with the adjacent Sunbow
development, and may differ from the rest of Village One. In addition to adding the Village One
West development area to the Otay Ranch SPA One, the amendment includes The Otay Ranch
Company originally proposed to transfer a large number of units and increase the land densities
approved in the GDP. They propose to transfer 87 units to Village One West from Village One
increasing the unit count from 803 to 890. The GDP prohibits transfers between villages, but
permits transfers within a single village. The Otay Ranch Company proposed the following
limitations on the transfer of 87 units to Village One West:
. requiring compliance with the GDP landform grading policy;
. ensuring impacts from Village One to Village One West are mitigated, and;
. complying with the GDP policy to ensure that Village One West is compatible with
the Sunbow development.
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Meeting Date: 02/16/99
Analysis:
The proposed amendment adds Village One West to the SPA One Plan and originally increased the
density and lot count from 803 to 890 by transferring 87 units to Village One West from Village One
east of Pas eo Ranchero. Staff concerns have been concentrated on compliance with the Otay Ranch
GDP policies for Village One West including:
. utilizing landform grading;
. maintaining overall residential density, and;
. designing Village One West to be compatible with the adjacent Sunbow
development.
According to the applicant's traffic engineer and verified by City staff, the transfer of 87 units from
Village One to Village One West does not create any additional traffic impacts that were identified
in the Environmental Impact Report (EIR-97-03) certified on November 10, 1998. The traffic counts
that would be associated with a transfer of units to Village One West were accounted for in the
traffic analysis completed for the entire SPA One.
Staffhas expressed concerns about this transfer from Village One to Village One West because of
the following issues:
. Village One West is subject to Otay Ranch GDP landform grading policies. The
proposed SPA One amendment increases the development boundaries as provided
for in the 1996 GDP amendment.
. The west side of Paseo Ranchero has a LM land use classification, not the LMV
classification contained on the east side in Village One. The GDP for Village One
West was not intended to have Village policies applied with small single-family lot
sizes. The applicant has eliminated the original small lot single-family densities form
the proj ect in response to this concern.
. Village One West is intended to be compatible with the adjacent Sunbow
development character utilizing larger lots and lower densities. Sunbow has 5,000
and 6,000 square foot lots adjacent to Village One West.
Issues:
Unit Count and Landform Grading:
Staff is concerned with the transfer of a large number of units, increase in density, compatibility to
Sunbow and compliance with the General Plan landform grading policy (Attachment 5) in Village
One West. The Otay Ranch Company has submitted a Tentative Map which proposes 818 lots for
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Meeting Date: 02/16/99
Village One West. This tentative map does not include Neighborhoods R-54A or R-54B which have
37 units proposed on the SPA application for a total of 855 in Village One West. They have
decreased the unit count from an original application of 853 lots to 818 on the Tentative map in an
attempted to address staff concerns on the landform grading policy associated with slopes adjacent
to Telegraph Canyon Road, Paseo Ranchero, and more importantly, Olympic Parkway. Preserving
the natural canyons and slopes is critical to ensure the landform compatibility and transition from
the adjacent Sunbow development. Staff believes the current proposal does not adequately address
the landform grading policy and that there will need to be a further reductions in lots along Olympic
Parkway to fully comply with the landform grading policy. A minimwn of 10 additional lots along
Olympic Parkway will need to be eliminated from the proposal to conform to the policies. Therefore,
staff could support 808 units on the Otay Ranch Company's portion of Village One West. With the
addition of the 37 units in Neighborhoods R-54A and R-54B, staff supports total unit count for
Village One West of 845 instead of the 855 proposed by the applicant. Staffs recommendation will
require a transfer of 42 lots from Village One.
At the Planning Commission hearing on the SPA amendments, the applicant supported staffs
recommendation for the deletion of the 10 lots but asked that the lots not be deleted from one
particular neighborhood. Staff believes the lots should deleted from Neighborhoods R-58 and R-59
along Olympic Parkway.
Guarded Entrances:
The SPA Plan indicates four guarded entrances for Village One West. As with Village One Core,
staff was concerned over the continued use of restricted access to these neighborhoods, which
according to City policy, requires the residential streets to be private. Staff took the issue to the
Executive Committee for review. The Executive Committee supported the guarded entrances in
Village One West based on the applicant's desire to keep Village One West similar to Village One.
Conclusion for Village One West:
Staff believes that the transfer of 52 units will not enable the applicant to comply with the Sunbow
compatibility policies, or the landform grading policies along Poggi Canyon. Staff would
recommend the transfer of 42 units to bring the total unit count for Village One West to 845 single-
family units. Compliance with the landform grading policies will determine the number of units on
the tentative map. As previously indicated, the applicant supported the staff recommendation at the
Planning Commission hearing.
C. Planned Community (PC) District Regulations
The PC District Regulations are modified to reflect the Village One - Phase Seven (Purple Phase)
revisions and to incorporate the development area of Village One West into the SPA One Plan. The
SF4 designation has been applied to the residential uses in Village One West. The regulations reflect
a minor revision to the multi-family RM2 Zone parking requirement. Consistent with a revision
previously approved for the McMillin Otay Ranch ownership, the parking ratio was reduced from
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Meeting Date: 02/16/99
2.5 spaces per 3 bedroom unit to 2.25 spaces per 3 bedroom unit. This represents a 10% reduction.
Because of the transit orientation of the SPA Plan, staff supports the modification.
D. Village One West Design Plan
A Village Design Plan has been prepared to address the identity and character of the Village One
West area. The Otay Ranch GDP provides that Village One West should be compatible with Sunbow
and may differ from the character of a transit oriented village. The land use design provides a
transition between the Sunbow II development to the west and the transit, pedestrian oriented Village
One to the east. Many of the design techniques implemented in Village One are included in the
Village One West Design Plan.
Single-family homes are arranged in neighborhoods along tree-lined streets. Cul-de-sac designs are
incorporated into the community to provide variety along the perimeter of the community. There
shall be no variation from the City Street Design Standard if any SPA One residential street is
approved as public. The Design Plan provides guidelines for perimeter landscaping, entryways,
interior streetscapes, non-vehicular circulation, parks, walls, fences and lighting.
E. SPA One Parks, Recreation, Open Space and Trails Master Plan
The SPA One Parks, Recreation, Open Space and Trails Master Plan is modified to reflect the
revised Village One land use plan and to incorporate the Village One West area. One private
pedestrian park has been added to the Village One - Phase Seven (purple Phase). In addition, a 5.1-
acre public park has been added within the Village One West area adjacent to the Sunbow
elementary school site.
F. Affordable Housing Plan
The GDP requires the enactment of an Affordable Housing Plan concurrent with the adoption of
each SPA Plan. The SPA One Affordable Housing Plan is modified to reflect current circumstances.
Specifically, it has been expanded to include Village One West and revised to reflect the change in
the number of dwelling units in the Phase Seven (Purple Phase) of Village One. Additionally, the
Plan is updated to reflect the McMillin Companies and The Otay Ranch Company Affordable
Housing Agreements enacted after the adoption of the initial SPA One Plan. The above changes
do not constitute procedural or substantive changes to the initial SPA One Affordable Housing Plan.
G. SPA One Public Facilities Fiuance Plan
The SPA One Public Facilities Finance Plan (PFFP) modifications to reflect the revised Village One
- Phase Seven (Purple Phase) land use plan and to incorporate the Village One West area into the
PFFP are not included in this Agenda Statement. Revisions to reflect Phase Seven in Village One,
Village One West and the proposed modification for Olympic Parkway will be combined into one
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Meeting Date: 02/16/99
revision to the PFFP. The Revised PFFP, along with other actions on Olympic Parkway, is
scheduled for City Council public hearing on March 2, 1999.
CONCLUSION:
Staff believes the amendments proposed for the Village One Core - Phase Seven (Purple Phase) are
consistent with the GDP goals, objectives and policies and, therefore, staff recommends approval
of the amendments. Staff does not believe the transfer of all 52 units from Village One to Village
One West can be accommodated and meet the policies for compatibility with Sunbow and landform
grading. However, in staff's opinion a maximum of 42 units could be transferred and compliance
with the policies met. The total number of units will be further evaluated at the tentative map stage.
Additional units could be loss in order to comply with the landform grading policy. Therefore, staff
recommends the amendment to be approved with an overall count of 845 single-family residential
units for Village One West. The amendments to SPA One and other supporting documents will need
to reflect this change, and staff recommends approval of the documents with the condition that they
be updated to reflect the approved number of units.
FISCAL IMPACT:
This project is included in the scope of the staffing agreement with The Otay Ranch Company. All
cost are covered by the deposit account under the staffing agreement._
Attachments
1. Planning Commission Minutes 2/3/99 1A. Summary
2 . Locator Map.
3. Village One Land Use Plan
4. Village One West Land Use Plan
5 . Otay Ranch SPA One
. Planned Community (PC) District Regulations
. Village One West Design Plan
. SPA One Parks, Recreation, Open Space, and Trails Master Plan
. SPA One Affordable Housing Plan
. SPA One Public Facilities Finance Plan
6, General Plan Landform Grading Policy
7 . Disclosure Statement
(h:\home\planning\otaymch\S 1 Wstfrp.doc )
c2J-J;L
Planning Commission Minutes
-4-
February 3, 1999
The 350 sf open space area is strictly active, usable open space consisting of a communi y
garden' area, rose garden area, and active play area and quiet use areas with trellise nd
built-in b-b- reas. What is missing is the private balconies for each unit. This is a f re that
Seniors prefer t to have because of security reasons.
Public Hearing Closed 7:3 .
Chair Willett stated visited a couple of sen ior complexes and he too
not a problem and tha
Commissioner O'Neill stated he s confident that b ause of the constitute of the tenants he
did not anticipate there being proD ms with un rparking and was please to hear that the
applicant is not going to stenciling au' num r in a parking space whether its used or not,
because the unassigned spaces may be u y guests.
Commissioner Hall stated that his rsonal e erience too, has been that parking is not a
problem because a vast majority seniors do n have vehicles. In addition, he believes a
very positive aspect of the proj is that it is locate ext to Sharp Community Hospital which
makes it very accessible to s iors, therefore, he supp rts the project as proposed.
Commission Tarantino ated that due to the small unit size he believed that on those special
occasions when fam' es normally gather together, it would st likely be that the extended
family would pic up the senior member to take with them t another location or family
member's home herefore, he does not have a concern with unde arking and fully supports
the project as roposed.
MSC (T mas/Ray) (5-1-0-0) that the Planning Commission adopt Res ution PCC-99-25
recom ending that the City Council approve the Conditional Use Permit r the proposed
affor able housing project with the condition that a total of seven guest par . g spaces be
pr ided and not be reduced in order to comply with the 2% ADA requirement r disabled
rking. Motion carried with Commissioner Hall voting against.
Commissioner Hall wished to express that he fully supports the project as proposed, how
he does not concur with the motion as stated.
4. PUBLIC HEARING: PCM-97-11; Request to amend the Otay Ranch Sectional Planning
Area (SPA) One for Phase Seven (Purple Phase) of the Village One
Core and Village One West including the Planned Community District
Regulations; Village Design Plan; Parks, Recreation Open Space and
Trails Master Plan; Public Facilities Finance Plan; Affordable Housing
Plan; and the Phase 2 Resource Management Plan.
Background: Rick Rosaler, Principal Planner reported that this is a two-fold request to amend
the existing SPA One Plan, amend the plan for Phase Seven in the Village Core and come up
with the SPA Plan for Village One West. When the SPA One was approved, it was referred to
~ c1/-/3
Planning Commission Minutes
- 5-
February 3, 1999
as the area West of Paseo Ranchero and has multiple owners. The Commission requested that
there be comprehensive planning of this area when it was ready to develop. The amendments
being considered are consistent with General Plan Amendments that were approved by the
Commission in October 1998 and City Council approved in November. Included with those
approvals was EIR 97-03 and this project is consistent with that EIR.
The proposed plan expands the development areas in Village One to areas that contain habitat
in the area west of Paseo Ranchero and Village One West. In October there was a switch of
land use where the Otay Ranch Company gave up development rights in Villages 13 and 15
to be able to take additional development area in SPA One West and Village One.
Rich Whipple, Assistant Planner, reported that the Otay Ranch Company proposes to amend
the SPA One Plan to allocate all of the multi-family units authorized in the GOP for Village
One. The GOP was recently amended to provide flexibility in the number of multi-family
dwelling units provided sufficient multi-family densities were approved to support the light rail
transit line. Otay Ranch Company originally applied for 1,422 units in the core, but have
amended their application to request 1,512 dwelling units, an increase of 90 units in Phase
Seven of the Plan.
Neil,lhborhood R-15 - Is a proposed multi-family project of up to 464 units with a 4.5 acre CPF
site most likely designated for a church. A paseo with emergency access will connect R-15
with the Village Core.
Neio:hborhood R-16 - Is proposed to be the second alley product design in SPA One and the
SPA Conditions of Approval authorize a SPA amendment if you are adding an alley product
design.
Neighborhood R-17 - Expands the development area of Village One along Poggi Canyon as
provided for in the recent GOP amendment and the proposal changes the land use from multi-
family to single-family.
Neil,lhborhood R-18 - Proposes a single-family neighborhood, at a slightly higher density of 7.2
du/p/ac.
Neighborhood R-19 - Remains as a multi-family site and as a target site for the affordable
housing location for this Village and Telegraph Canyon Estates.
Neil,lhborhood R-47/CPF-1/C-1 - This is the heart of the Core and proposes a mixed-use center
to provide for the day-to-day needs of the Village residents and includes a commercial ground
floor along the frontage of East Palomar Street, in addition to second and third story uses, one
of which is a medical office building with a first floor pharmacy.
Neil,lhborhood R-48 - Proposes a single family development located outside of the 1/4 mile
radius of the transit station.
~. 2/-)1
Planning Commission Minutes
- 6-
February 3, 1999
The changes to Phase Seven deal with two conditions; expansion of development areas
allowed by the recent GDP amendment as well as reorienting the "Main Street" design for
Village One. The applicant is proposing East Palomar Street being the "Main Street" design for
this Village. The commercial is proposed to be a true mixed use with two to three stories of
residential units located above ground floor commercial.
Staff believes that under the previous plan, "Main Street" did not go to a particular destination,
and there would be difficulty drawing residents down the street, while under the current plan,
a significant amount of pedestrian activity will occur along East Palomar Street.
The SPA Plan indicates one guarded entrance for Village One on the south side of East Palomar
Street. Staff was concerned over the continued use of restricting access to these neighborhoods
and took the issue to the Executive Committee. After review, it was decided to support the
applicant's proposal for guarded entrances in Phase Seven to be consistent with the existing
guarded entrances north of East Palomar.
Staff believes the SPA One amendments for Phase Seven, proposed by the applicant are
consistent with the Otay Ranch GDP policies and recommends approval of the amendments.
Rick Rosaler reported that the SPA One West area encompasses the area west of Paseo
Ranchero, south of Telegraph Canyon and north of Olympic Parkway. East Palomar Street is
proposed to be extended through from Sun bow to the Village One Core.
The GDP amendments that were approved in November 1998 allow for the expansion in to
this area of approxi mately 237 acres and currently there is an issue with density between the
applicant and staff. This area is suppose to be a transition area between the Sunbow project
to the west and Village Core to the east. It includes a 5 acre park adjacent to the Sunbow
school site and an additional third park for SPA One.
At this time, the school district is not sure whether the third school site is going to be necessary,
however, planning and reserving the site for the school will proceed.
Staff is concern with the transfer of a large number of units, increase in density, compatibility
to Sunbow and compliance with the General Plan landform grading policy in Village One
West.
The applicant submitted a Tentative Map which proposes 818 lots which does not include
Neighborhoods R-54A &B which have 37 units for a total of 855 in Village One West. They
decreased the unit count from 855 to 818 on the Tentative Map in an attempt to address staff's
concerns on the landform grading policy associate with slopes adjacent to Telegraph Canyon
Road, Paseo Rancher and Olympic Parkway. The current proposed tentative map does address
the landform grading policy to staff's satisfaction and there will need to be further reduction in
lots along Olympic Parkway and an additional 1 0 lots would need to be eliminated to conform
to the policies. Therefore, staff supports 808 units on the Ranch's portion of Village One West.
With the addition of 37 units in Neighborhood R-54A&B, staff supports total unit count for
Village One West of 845 instead of 855 and staff's recommendation will require a transfer of
42 lots from Village One.
~ d-J~J~
Planning Commission Minutes
-7-
February 3, 1999
Commission Discussion:
Commissioner Ray asked for clarification on the net increase of dwelling units specifically in
Village One.
Rick Rosaler stated that 90 units are being added into Village One than what was originally
authorized and transferred 45 units into Village One West. In the original GDP the multi-family
density was fixed at 1566 to have the 18 du/p/ac.; the multi-family density that is being
proposed now is 1512, a difference of 54 un its.
Commissioner Thomas asked for clarification on the change in parking ratios, and also inquired
if the five parks that are I isted are private.
Rick Rosaler responded that in the Village Planned Community District Regulations there was
a parking ratio of 2.5 for 3 bedroom units and it was felt that when the Gateway project, a 420
unit multi-family project also done by Chelsea, was looked at, because of the transit-oriented
nature of the Village, that amount of parking was not needed and 2.25 is being recommended
for a 3 bedroom un its.
In addition, Park P12,P5,P4 and P3 are all private parks located behind the private entrances.
Public Hearing Opened 8:15
Kim Kilkenny, The Otay Ranch Company, 350 W. Ash Street, San Diego, introduced Kent
Aden, Exec. Vice President, and Raney Hunter, Project Manager, and expressed appreciation
to staff for their efforts over the past several months in preparing the General Plan Amendment
and this plan.
Mr. Kilkenny slated that in light of the Commission and City Council recent tour of eastern
Chula Vista, which included the Ranch, he will waive going into a discussion on that
development, other than to say that they are very pleased and proud with the progress made
thus far and the vision that was articulated nine years ago, is coming to fruition.
Mr. Kilkenny stated that the main issue he wanted to convey is that The Otay Ranch Company
endorses staff's recommendation, even in the one area that staff's report indicates there was a
modest disagreement over ten units. The Ranch agrees with the number that staff has
indicated; 845 units in Village One West, however, they ask that as they go through the
Tentative Map, they be allowed the discretion to indicate where those ten units would be lost.
Chair Willett asked for clarification on the term "net usable acres" with regard to school and
park sites.
Mr. Kilkenny responded affirmatively that contained in the Public Facilities Finance Plan, the
contract with the District, and the Tentative Map conditions, the term "net usable acres" will
be used. The school district will get 10 acres plus, which will be delivered in Village One.
~ ~;.--/?
Planning Commission Minutes
- 8-
February 3, 1999
Public Hearing Closed 8:35
MSC (Thomas/Ray) (6-0-0-0) to adopt Resolution PCM 97-11 recommending the City Council
approve the amendment to the Otay Ranch SPA One Plan and Resolution PCM 98-02
recommending City Council approve the amendments to the Otay Ranch SPA One Planned
Community District Regulations and to reduce the number of units to 845 in Village One
West. Motion carried.
DIRECTOR'S REPORT:
Bob Leiter, Director of Planning and Building, reviewed the upcoming schedule of meetings
calendared for February; they are:
. a regular meeting on February 10
. a joint GMOC workshop on February 17 with a presentation by Kent Olson from CTV on the
status of SR-125, a presentation on the Olympic Parkway project, and a representative from
MTDB will discuss light rail transit planning; and
. a regular meeting on the February 24.
In addition, Mr. Leiter polled the Commission as to their availability to attend the joint GMOC/City
Council/Planning Comm:ssion annual workshop scheduled for either Monday, March 22nd or Monday,
March 29th.
Mr. Leiter also reported that the Economic Development Commission has requested to have a joint
workshop with the Planning Commission and City Council to talk about the industrial land use policies
that were discussed by the Commission a little over a year ago. The date has not been set, but will
probably take place sometime in March or April.
Lastly, Mr. Leiter, stated that we have not yet received the registration information on the Planners
Institute in Monterrey on March 24-26, 1999, however, it would be good to start planning for it and
solicited input from the Commission as to who would be interested in attending.
Commissioners Hall, Ray, Thomas and O'Neill expressed interest in attending.
COMMISSIONERS COMMENTS:
Commissioner Tarantino wished to express his appreciation to Councilmember Davis for any
input she may have had in having the padlock removed from the refrigerator in the lounge.
ADJOURNMENT at 8:45 p.m. to the Regular Planning Commission meeting of February 10,
1999.
Diana Vargas, Secretary to Planning Commission
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Olay Ranch Company PROJECT DESCRI1'IION:
C9 APPlICANT: AMENDMENTS
PROJECT Olay Ranch Village One Request Amendments 10 Olay Ranch SPA One
ADDRESS: fO;~S:~"illage7e We~
SCAlE: FILE NUMBER: 2
NORTH No Scale PCM-97 -11 ATTACHMENT
h:lhomelplanninglcarlosllocalorslpcm9711.cdr 1/19/99
I Otay Ranch SPA One Amendments i'
Village One Phase 7 Modification
"Main Street" Concept Commercial uses proposed to be oriented along East Palomar
Street instead of village core street off East Palomar
Expansion of "Taking" of Coastal sage scrub habitat on north side of Poggi
development area Canyon allows additional grading to expand development area in
Phase 7
Densities within Village SPA amendment provides 28.5 dus/ac within 1/4-mile of transit
Core station and single family densities outside 1/4-mile radius.
Guarded Entrances Amendment adds 2 guarded entrances on south side of East
Palomar Street. All streets and parks behind entrances are private.
Village One West
Expansion of Amendment adds 74 developable acres and transfers 42 units from
development area Village One for a total of 845 dus over recent GDP amendment of
803 (previous GDP unit count was 443)
Landform Grading Greater effort needed in conforming to existing ridges and canyons
along Poggi Canyon
Guarded Entrances Amendment adds 4 guarded entrances north/south of East Palomar
Street. All streets and parks behind entrances are private.
Outparcel Densities Neighborhood Units Density
Ross R49B 27 6.8 dus/ac
Ross R-52B 8 3.3
DeGraaf R-51B 27 3.6
Gerhardt R-54B 28 5.4
Compatibility with South of East Palomar
Sunbow densities/lot Plan Area Density Min. Lot size Ave. Lot Size
SIzes Sunbow PA 19 3.9 6,000 8,400
SIW R-55 5.0 4,250 6.375
R-59 4.3 5,775 8,341
.North of East Palomar
Plan Area Density Min. Lot Size Ave. Lot Size
Sunbow PA22 4.2 5,000 7,763
SIW R-49A 5.8 4,250 4,935
R-50 4.0 5,000 8,551
ATTACHMENT lA
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TIiE en 'l OF CHUIA VISTA DlSUOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign
contributions, on aU matters which will require discretionary action on the pan of the City Council, Planning Commission, and
all other official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is the subject of the applicatioD or the
co.ntraC!, e.g., owner, applicant, contractor, subcontractor, material supplier.
Village Development
The Otay Ranch, L.P.
2. If any persono identified pursuant to (1) above is a corporation or partnership, list lbe names of all individuals owning
more lban 10% of the shares in lbe corporation or owning any partnership interest in lbe partnership.
James P. Baldwin
Alfred E. Baldwin
3. If any person" identified pursuant to (1) above is non-profit organization or a trust, list lbe names of any person
serving as director of lbe non-profit organization or as trustee or beneficll)' or trustor of lbe trusL '
N/A
4. Have you had more than $2SO worlb of business transacted with any member of lbe City sta1f, BoardS, Commissions,
O:lmmittees, and Council within lbe past twelve months? Yes_ NoXX If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who
you have assigned to represent you before lbe City in Ibis matter.
Kim John Kilkenny Ranie Hunter
Robet Cameron
James Baldwin
Kent Aden
Alfred Baldwin
6. Have you and/or your officers or agents, in the aggrerte, alntnouted more lban $1,000 to a Councilmember in the
current or preceding election period? Yes_ No_ If yes, state which Councilmember(s):
" . . (NOTE: Attach additional pages as D~) . . · .
1997 .~~ /'
~l!lte of alntractor/applicant
'. ~ Kim John Kilkenny, Vice President
, . / -J ~ . Print or type name of contractor/applicant
o P<rSOn is tkfi=! tIS: "A,,>' indMduDl,finn, <D-JN1Tf1J<nhip.~,,,,wn; DSSOCimion,:2::' cluGU ~on, corporo:ion, <=I<, ""'" =dva; .l)hdic4lf<,
/his and "'9' orha COIOU): ciz)' and COIOID)'. ciz)' munidpolily. diszricz, Dr oWr poIiDcDl subd!l.;,;on, Dr ""y o1ha group Dr combinmion IJCting... 0 1DIiL'
ATTACIiENENT '7 '
Dale:
January 14,
ORDINANCE NO.
,/
) 77 }:;
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE OTAY RANCH
AMENDED SECTIONAL PLANNING AREA (SPA) ONE
PLANNED COMMUNITY DISTRICT REGULATIONS
(PCM 97-11)
WHEREAS, an application for adoption of the Otay Ranch Amended Sectional Planning
Area (SPA) One Plan was filed with the City ofChula Vista Planning Department on January 14,
1997 by the Otay Project, LLC ("Applicant"); and,
WHEREAS, the Otay Ranch Amended SPA One Planned Commnnity District
Regulations ("Project") are intended to ensure that the SPA One Plan is prepared in accordance
with the Otay Ranch General Development Plan (GDP), to implement the City ofChula Vista
General Plan for the Eastern Territories, to promote the orderly planning and long term phased
development ofthe Otay Ranch GDP and to establish conditions which will enable the Otay
Ranch Amended SPA One to exist in harmony within the community; and,
WHEREAS, these Amended Planned Community District Regulations are established
pursuant to Title 19 ofthe Chula Vista Municipal Code, specifically Chapter 19.48 PC Planned
Community Zone, and are applicable to the Otay Ranch SPA One Land Use Plan of the
Amended SPA Plan; 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 and tenants
within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing;
and,
WHEREAS, the hearing was held at the time and place as advertised on February 3,
1999 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and,
WHEREAS, by a vote of 6-0 the Planning Commission approved the project; and,
WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Final
Environmental1mpact Report (ErR) ErR 97-03, and Findings of Fact and a Mitigation
Monitoring and Reporting Program have been issued to address environmental impacts
associated with the implementation of the Project; and,
WHEREAS, this Second-tier ErR incorporates, by reference, three prior ErRs: the Otay
Ranch General Development Plan/Subregional Plan (GDP/SRP) ErR 90-01, certified by the
Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993; the
I
~J1 ~ /
Chula Vista Sphere ofInfluence Update EIR 94-03, certified by the Chula Vista City Council on
March 21, 1995; and the SPA One EIR 96-01, as well as their associated Findings of Fact and
Mitigation Monitoring and Reporting Program, certified by the Chula Vista City Council on June
4,1996;and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
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 on the Final EIR held on October 21, 1998, their public hearing held on
this project on November 3, 1998 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. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the FEIR 97-
03, would have no new effects that were not examined in said FEIR (Guideline 15168
(c)(2)); and
III. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR
PROGRAM EIR
The City Council hereby finds that: (1) there were no changes in the Project from the
FEIR97-03 and the FEIR which would require revisions of said reports; (2) no substantial
changes have occurred with respect to the circumstances under which the Project is
undertaken since the previous reports; (3) and no new information of substantial
importance to the Project has become available since the issuance and approval of the
prior reports; and that, therefore, no new effects could occur or no new mitigation
measures will be required in addition to those already in existence and made a condition
for Project implementation. Therefore, the City Council approves the Project as an
activity that is within the scope ofthe project covered by the FEIR 97-03, (Guideline
15168(c)(2) and 15162(a)).
IV. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND
ALTERNATIVES'
The does hereby readopt and incorporate herein as conditions for this approval all
applicable mitigation measures and alternatives, as set forth in the findings adopted in the
GDP approval (90-01) and SPA approval (95-01).
2
c1)//-;L
V. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this Project
was fully described and analyzed and is within the scope ofthe FEIR 97-03 and
adequately describes and analyzes this project for the purposes of CEQA (Guideline
15168(e)). Notice on the EIR was given on November 10,1998.
VI. ACTION
The City Council hereby approves the ordinance adopting the Planned Community
District Regulations for the Otay Ranch Amended SPA, finding that they are consistent
with the City ofChula Vista General Plan and that the public necessity, convenience,
general welfare and good zoning practice supports their approval and implementation.
VII. This ordinance shall take effect and be in full force the thirtieth day from its adoption.
H:\SHAREDIA TTORNEY\ORDlNANC. WPD
3
d- )/J :J
RESOLUTION )9'37t
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RECOMMENDING CITY COUNCIL
APPROVAL OF AMENDMENTS TO THE OTAY RANCH
SECTIONAL PLANNING AREA (SPA) ONE PLAN, VILLAGE
DESIGN PLAN; RECREATION, OPEN SPACE AND TRAILS
MASTER PLAN; AND AFFORDABLE HOUSING PLAN.
WHEREAS, an application to amend the Otay Ranch Sectional Planning Area (SPA) One
Plan was filed with the City ofChula Vista Planning Department on January 14, 1997 by the Otay
Project, LLC ("Applicant"); and,
WHEREAS, the SPA One Plan Amendment includes changes to Village One, encompasses
200 additional acres west of Pas eo Ranchero, and amends supporting documents; and
WHEREAS, the area west of Pas eo Ranchero (Village One West) is included in the Otay
Ranch General Development Plan (GDP); and,
WHEREAS, a GDP amendment was processed and approved for Village One West to add
single-family units to expand development areas; and,
WHEREAS, the SPA One Plan Amendment refines and implements the land plans, goals,
objectives and policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on
October 28,1993, and as amended on November 10, 1998; and,
WHEREAS, the Planning Commission set the time and place for hearings 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 property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised on February 3,1999
in the Council Chambers, 276 Fourth A venue, before the Planning Commission, and was thereafter
closed; and,
WHEREAS, by a vote of 6-0 the Planning Commission approved the project; and
WHEREAS, the Enviromnental Review Coordinator has prepared a Second-tier Final
Enviromnental Impact Report (EIR) ErR 97-03, and Findings of Fact and a Mitigation Monitoring
and Reporting Program have been issued to address enviromnental impacts associated with the
implementation of the Project; and,
WHEREAS, this Second-tier EIR incorporates, by reference, three prior EIRs: the Otay
Ranch General Development Plan/Subregional Plan (GDP/SRP) ErR 90-01, certified by the Chula
Vista City Council and San Diego County Board of Supervisors on October 28,1993; the Chula
1 elJ P - I
Vista Sphere ofInfluence Update EIR 94-03, certified by the Chula Vista City Council on March
21,1995; and the SPA One ErR 96-01, as well as their associated Findings of Fact and Mitigation
Monitoring and Reporting Program, certified by the Chula Vista City Council on June 4, 1996; and
WHEREAS, this Project is an activity environmentally reviewed under EIR 97-03, and is
identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation
corridors, etc. to the project description in said EIR 97-03; and,
WHEREAS, the City Environmental Review Coordinator has reviewed the Project and
determined that it is in substantial conformance with the GDP and related environmental documents
and that the Project would not result in any new environmental effects that were not previously
identified nor would the Project result in a substantial increase in severity in any environmental
effects previously identified; and,
WHEREAS, a public hearing was scheduled before the City Council of the City of Chula
Vista on the SPA One Amendment, which includes the Village Design Plan; Parks, Recreation,
Open Space and Trails Master Plan; and Affordable Housing Plan.
NOW, THEREFORE, BE IT RESOL YED that the City Council ofthe City ofChula 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
hearings on Final EIR 97-03 held on August 26,1998, and their public hearings held on this
Project on October 21,1998, 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. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the FEIR 97-03,
would have no new effects that were not examined in said FEIR (Guideline 15168 (c)(2));
and
III. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR PROGRAM
EIR
The City Council hereby finds that: (I) there were no changes in the Project from the FEIR
97-03 which would require revisions of said reports; (2) no substantial changes have
occurred with respect to the circumstances under which the Project is undertaken since the
previous reports; (3) and no new information of substantial importance to the Project has
become available since the issuance and approval ofthe prior reports; and that, therefore, no
new effects could occur or no new mitigation measures will be required in addition to those
2 ;2) [J- .J
already in existence and made a condition for Project implementation. Therefore, the City
Council approves the Project as an activity that is within the scope of the project covered by
the FEIR 97-03 (Guideline l5l68(c)(2) and l5l62(a)).
IV. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND
ALTERNATIVES
The does hereby readopt and incorporate herein as conditions for this approval all applicable
mitigation measures and alternatives, as set forth in the findings adopted in the GDP
approval (90-01) and SPA approval (95-01).
V. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this Project was
fully described and analyzed and is within the scope of the FElR 97-03 adequately describes
and analyzes this project for the purposes ofCEQA (Guideline l5l68(e)). Notice on the ElR
was given on Noveber 10, 1998.
VI. CONDITIONS OF APPROVAL
The City Council does hereby approve SPA One Amendment and associated documents
subject to the conditions attached hereto as Exhibit "A", and incorporated herein by this
reference..
VII. CONSISTENCY WITH THE GENERAL PLAN
The proposed Project is consistent with the General Plan for the following reasons:
A. THE PROPOSED GENERAL DEVELOPMENT PLAN AMENDMENTS ARE IN
CONFORMITY WITH THE CHULA VISTA GENERAL PLAN.
The Otay Ranch Sectional Planning Area (SPA) Plan Amendments reflect the land
uses, circulation system, open space and recreational uses, and public facility uses
consistent with the Otay Ranch General Development Plan and Chula Vista General
Plan.
B. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENTS
WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF
THE INVOLVED SECTIONAL PLANNING AREA.
The SPA One Plan Amendments contain provisions and requirements to ensure the
orderly, phased development of the project.
C. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENTS
WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
3 c1JlJr}
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The land uses within Otay Ranch are designed with an open space buffer adjacent to
other existing projects, and future developments off-site and within the Otay Ranch
Planning Area One. A neighborhood parkS" will be located within the Village One
West area to serve the project residents, and the project will provide housing types
compatible with Sunbow Master Planned Community, as required by the General
Development Plan. A comprehensive street network serves the project and provides
for access to off-site adjacent properties. The proposed plan closely follows all
existing environmental protection guidelines and will avoid unacceptable off-site
impacts through the provision of mitigation measures specified in the Otay Ranch
Environmental Impact Report.
Presented by
Approved as to form by
Robert Leiter
Director of Planning and Building
~ rr\AA_~ ~
John M. Kaheny
Exhibits
Exhibit A - Conditions of Approval
H:\SHARED\ATTORNEY\SPAI-RES.WPD
4 ~/13-- yo
Exhibit A
CONDITIONS OF APPROVAL FOR OT A Y RANCH SPA ONE
(Village One, Village One West & Village Five)
GENERAL PROVISIONS
1. All of the terms, covenants and conditions contained herein shall be binding
upon and inure to the benefit of the heirs, successors, assigns and representatives of the
Developer as to any or all of the Property. For purposes of this document the term
"Developer" shall also mean" Applicant". Where fee title is granted or dedicated to the City,
said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City.
2. If any of the terms, covenants or conditions contained herein shall fail to occur
or if they are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City shall
have the right to revoke or modify all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation.
3. Applicant shall indemnify, protect, defend and hold the City harmless from and
against any and all claims, liabilities and costs, including attorney's fees, arising from
challenges to the Environmental Impact Report for the Project and/or any or all entitlements
and approvals issued by the City in connection with the Project.
4. Approval of the Otay Ranch SPA One does not constitute approval of the final
lot configuration, grading and street design shown within the SPA One Plan.
5. The terms, conditions, and time limits, associated with this SPA shall be
consistent with the Development Agreement approved by Ordinance No. 2679 by the City
Council on July 16, 1996, and as amended on October 22, 1996.
6. These conditions of approval apply to all land area located within the boundary
of Village One, Village One west of Paseo Ranchero, and Village Five in the Otay Ranch Parcel.
This constitutes the entire area of Otay Ranch Sectional Planning Area (SPA) One.
ENVIRONMENTAL
7. The Applicant shall implement all mitigation measures identified in EIR 95-01 and
97-03, the Candidate CEQA Findings for this Project (Attachment A) and the Mitigation
Monitoring and Reports Program (Attachment B).
8. The Applicant shall comply with all requirement of the Phase 2 Resource
Management Plan (RMP) as approved by City Council on 06/04/96, and amended from time
to time.
))[J~S
9. The Applicant shall comply with any applicable requirements of the California
Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army
Corps of Engineers.
DESIGN
10. The Applicant shall provide a residential alley product, as such product is defined
in the Village Design Plan, within the Purple Phase (Phase Seven) of Village One and the Grey
Phase (Phase Three) of Village Five as shown on the SPA One phasing plan as amended.
STREET. RIGHT-OF-WAY AND IMPROVEMENTS
11 . Residential street parkways shall be no less than six feet in width. The
Applicant shall plant trees within said parkways which have been selected from the list of
appropriate tree species described in the Village Design Plan and approved by the Director of
Planning and Building, and the Director of Public Works. The Applicant shall provide root
barriers and deep watering irrigation systems for the trees. The applicant shall comply with
the City's policy for Street Tree Improvement Plans.
12. Street cross sections shall conform to those standards contained in the SPA One
Plan. All other design criteria shall conform to the design standards contained in the document
entitled Street Design Standards and the Subdivision Manual both as amended by the City
from time to time, ("City Design Standards"). Any proposed variation from the City Design
Standards which are not addressed in the SPA Plan shall be approved by the City and indicated
as a specific waiver on the appropriate tentative subdivision map.
The following table indicates the relationship between the Otay Ranch SPA One
roadway designations (i.e., cross sections) and the approved City designations in the
Circulation Element of the General Plan for purposes of determining the appropriate design
standards for all streets within SPA One.
COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS
TO CITY STREET CLASSIFICATIONS
FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN
TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION
FOR OTAY RANCH USE DESIGN STANDARDS FOR CITY
CLASSIFICATION OF STREET CLASSIFICATION OF
Scenic Corridor Prime Arterial
Prime Arterial Prime Arterial
Primary Village Entry Class I Collector
Secondary Village Entry Class II Collector
Villaae Core Class I Collector
)J!3~?
COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS
TO CITY STREET CLASSIFICATIONS
FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN
TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION
Residential Promenade Class III Collector
Core Promenade Residential
Village Main Residential
Village Plaza Residential
Residential A and B Residential
Alley Alley Standards
13. The Applicant shall provide a 60 foot wide pedestrian Paseo between
Neighborhoods R-8 and R-9. As a condition of approval on the appropriate tentative map, said
pas eo shall be required to be dedicated to the City at the final map stage. Street
improvements will not be required to be installed, but may be required at some future date
should it become apparent that vehicular access is needed.
14. As directed by the Director of Planning and Building and the City Engineer, the
Applicant shall construct a pedestrian bridge connecting Village One to Village Five at the
vicinity of Palomar Street crossing over la Media Road. The timing of the construction of said
bridge shall be determined as defined by the City in the applicable Public Facilities Financing
Plan (PFFP) as amended from time to time. The Applicant shall be solely responsible for the
construction of said bridge.
15. In addition to the pedestrian bridge described above, the SPA One Plan provides
for the construction of a pedestrian bridge connecting Village One to Village Two and a
pedestrian bridge connecting Village Five to Village Six. The Applicant shall agree to fund half
of the cost of constructing the two pedestrian bridges in accordance with the triggers in the
Public Facility Financing Plan (PFFP) as amended from time to time.
16. In the event the Federal Government adopts ADA standards for street rights of
way which are in conflict with the standards and approvals contained herein, all such
approvals conflicting with those standards shall be updated to reflect those standards. Unless
otherwise provided for in the future ADA regulations, City standards approved herein may be
considered vested, as determined by Federal regulations, only after construction has
commenced.
17. Vehicular access shall not be required to Eastlake Parkway between the two
Otay Water District parcels. Pedestrian, cart and bicycle access, however, shall be provided.
Design of said pedestrian, cart and bicycle access shall be implemented in such a way so as
not to preclude the option of future provisions of vehicular access should it become necessary.
GRADING AND DRAINAGE
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18. The Applicant shall comply with all provisions of the National Pollutant Discharge
Elimination System (NPDES) and Clean Water Program.
19. The quantity of runoff from the development shall be reduced to an amount
equal to or less than pre-development 1 OO-year frequency storm. Retention/detention facilities
will be required as approved by the Director of Public Works to reduce the quantity of runoff
to an amount equal to or less than pre-development flows. Said retention/detention facilities
shall be provided by the Applicant.
20. The Applicant shall provide drainage improvements in both Telegraph Canyon
and Poggi Canyon in accordance with the Master Drainage Plan and addendum for Otay Ranch
SPA One, Villages One and Five as approved by the Director of Public Works. Said Master
Plan shall be consistent with the approved SPA Plan.
21 . Prior to the approval of an amended Tentative Map for any land contained within
C.V.T. 96-04, the developer shall obtain the approval of the City Engineer a Grading Study
demonstrating that the grading depicted in the amended Tentative Map will generate the
necessary fill to construct those portions of Olympic Parkway and the Poggi Canyon Channel
located within the subdivision boundaries. This study shall include all the area of Village One
and Village Five within C.V.T. 96-04. This study shall incorporate the most recent design
information for those facilities, including the findings and recommendations, if available, of CIP
Project No. STM 331, Olympic Parkway from Oleander Avenue to SR-125. Said Grading study
shall identify the proposed location for stockpiling of fill material.
PUBLIC UTILITIES (SEWER. WATER, RECYCLED nCCLAIMCD WATER. WATER
CONSERVATION)
22. The Applicant shall provide water and recycled water improvements in
accordance with the report entitled Sub Area Master Plan for Otay Ranch Villages One and
Five Sectional Planning Area One ("SAMP") prepared by Wilson Engineering dated April 1998
or as amended by the Applicant and approved by Otay Water District. The SAMP shall be
consistent with the SPA Plan. The Applicant shall be responsible for obtaining the approval
of any amendment to the SPA One SAMP in order for the SPA One SAMP to be consistent
with the approved SPA Plan prior to the approval of the first final" A" map.
23. The Applicant shall pay fees in accordance with applicable City of Chula Vista
ordinance(s) or provide trunk sewer improvements to both the Telegraph Canyon and Poggi
Canyon trunk sewers as indicated in the report entitled "Overview of Sewer Service for SPA
One at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson Engineering dated
June 4, 1996 or as amended by the Applicant and approved by the Director of Public Works.
Any amended SPA One Sewer Report shall be consistent with the approved SPA Plan. The
Applicant shall be responsible for obtaining the approval of any amendment to the SPA One
Sewer Report in order for the SPA One Sewer Report to be consistent with the approved SPA
Plan prior to the approval of the first final map (including a final "A" map) for the Purple Phase
(Phase Seven) of C.V .T. 96-04, or the first final map (including a final" A" map) for Village One
west of Paseo Ranchero.
24. Fund a revision of the Poggi Canyon Sewer Basin Development Impact fee
d-/B~6
reflecting the approved land uses in SPA One. Said revision shall be prepared by the City, as
directed by the City Engineer, and approved by the City Council prior to approval of the first
final "B" map within the Poggi Canyon Sewer Gravity Basin. The developer shall not receive
credits towards future fees for funding this revision. All cost of revising the Poggi Canyon
Sewer Basin Development Impact shall be borne by the developer.
PARKS/OPEN SPACE/WilDLIFE PRESERVATION
General
25. The SPA One project shall satisfy the requirements of the City's Park land
Dedication Ordinance (PlDO) (Chapter 17.10). The ordinance establishes a requirement that
the project provide three (3) acres of local parks and related improvements per 1,000
residents. local parks are comprised of community parks; neighborhood parks and pedestrian
parks (to the extent that pedestrian parks receive partial park credit as defined below). Two
thirds (2 acres/1,000 residents) of local park requirement shall be satisfied through the
provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining
requirement (1 acre/1 ,000 residents) shall be satisfied through the payment of fees, dedication
of land, or a combination thereof.
26. All local parks shall be consistent with the SPA One PFFP and shall be installed
by the Applicant. A construction schedule for each proposed public park shall be prepared by
the applicant and approved by the Director of Planning and Building prior to the approval of the
construction documents.
27. All local parks shall be designed and constructed consistent with the provisions
of the Chula Vista landscape Manual and related City specifications and policies.
28. Prior to the approval of the appropriate Final Map, the Applicant shall enter into
a Chula Vista standard three party agreement with the City of Chula Vista and design
consultant(s). for the design of all aspects of the neighborhood and community parks in
accordance with the Master Plan whereby the Director of Planning and Building selects the
design consultant(s). to be funded by the applicant. The cost for the consultant Is} shall be
established and said amount deposited into an account prior to any work being initiated by the
consultant. The agreement shall include, but not be limited to, master planning, design
development phase, construction document phase and construction supervision phase for the
park sites. The construction documents shall reflect the then current requirements of the
City's Code/landscape Manual requirements.
29. Parks located within guarded communities shall not receive park credit.
30. Pedestrian parks: Pedestrian parks less than five acres, as identified in the SPA
One Plan, shall be maintained by a funding entity other than the City's General Plan.
Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as
determined by the Director of Planning and Building pursuant to City wide small park credit
criteria which shall be approved by the City Council.
~) !3 --7
31 . Neighborhood parks (turn-key):
a. The Applicant shall commence construction of the first neighborhood park
in SPA One, in a location determined by the Director of Planning and Building, no later than
issuance of the building permit for the 500th dwelling unit.
b. The level of amenities required in each neighborhood park shall be
determined by the City in conjunction with that park's master plan effort required by the City
of Chula Vista Landscape Manual. Said level of amenities shall be as described in the PLDO
ordinance and the park's master plan as approved by the Director of Planning and Building.
The Applicant shall complete construction of the first phase of the neighborhood park as
identified in the approved construction schedule.
Prior to issuance of the building permit for the 1,1 50th dwelling unit, the Director of
Planning and Building shall determine the level of amenities required for the second phase of
construction of this park consistent with the PLDO and the Park Master Plan, or in lieu of the
second phase, require the construction of another neighborhood park at a different location.
The location of the other neighborhood park, if any, shall be determined in conjunction with
the phasing study noted below.
c. At no time shall there be a deficit in "constructed neighborhood park"
based upon 2 acres!1,000 residents. Applicant agrees that the City may withhold the
issuance of building permits should said deficit occur. For purposes of this condition, the term
"constructed neighborhood park" shall mean that construction of the park has been completed
and approved by the Director of Planning and Building as being in compliance with park's
master plan, but prior to the City's mandatory maintenance period. This condition is not
intended to supersede any of the City's maintenance guarantee requirements.
d. The Applicant shall provide a maintenance period in accordance with the
City of Chula Vista Landscape Manual.
e. The Applicant shall receive reimbursement of P.A.D. fees should they
deliver a turn-key facility to the City in accordance with the City-wide park's master plan.
32. Community parks: The Applicant shall pay P.A.D. fees, dedicate land, or a
combination thereof, for the Community Park based upon a formula of 1 acre per 1,000
residents, until such time as a turn-key facility has been accepted by the City. Said turn-key
facility is subject to the reimbursement mechanism set forth below.
a. The first Otay Ranch community park, to satisfy SPA One demand, shall
be located in Village Two as identified in the GDP.
c. Notwithstanding that the community park requirement (1 acre!1,000
residents) shall be satisfied through the payment of P.A.D. fees, dedication of land, or a
combination thereof, the Applicant shall commence construction of the first phase of the
community park prior to issuance of the building permit for the 2,650th dwelling unit. The first
phase of construction shall include, but not be limited to, improvements such as a graded site
c1/ !3~ Iv
with utilities provided to the property line and an all weather access road acceptable to the Fire
Department.
d. The Applicant shall commence construction of the second phase of the
community park prior to issuance of the building permit for the 3,000th dwelling unit. Second
phase improvements shall include recreational amenities as identified in the City __idfO park's
master plan.
e. The community park shall be ready for acceptance by the City prior to
issuance of the building permit for the 3,900th dwelling unit.
f. The Applicant shall provide a maintenance period in accordance with the
City of Chula Vista Landscape Manual.
g. If the City determines that it is not feasible for the Applicant to
commence construction of the first phase improvements of the community park prior to
issuance of the building permit for the 2,650th unit, then the City shall have the option to
utilize the PAD fees for said improvements, or to construct another park or facility, east of the
1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP.
33. Community gardens: Community Gardens shall be consistent with the guidelines
in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of
the Community Garden Committee's and their responsibilities.
34. Water lines shall be stubbed from the nearest water main to the site{s} in order
to facilitate development of the Community Gardens.
35. Maintenance of Community Gardens shall be funded by a Home Owner's
Association or other funding mechanism approved by the City.
AGREEMENTS/FINANCIAL
36. A reserve fund program has been established by Resolution No. 18288 for the
Otay Ranch Project. The Applicant shall fund the Reserve Fund as required by the Reserve
Fund Program.
SCHOOLS
37. The Applicant shall deliver to the Sweetwater Union High School District a 50
net usable acre graded high school site, deemed acceptable to the District, including utilities
provided to the site and an all weather access road acceptable to the District prior to issuance
of the 1,400th building permit (504 students) or upon written request by the District not prior
to 1,400 permits. The all weather access road shall also be acceptable to the Fire Department.
This schedule is subject to modification by the School District as based on District facility
needs.
J/!J~//
38. The Applicant shall deliver to the Chula Vista Elementary School District, a
graded elementary school site including utilities provided to the site and an all weather access
road acceptable to the District, located within Village One, prior to issuance of the 500th
residential building permit (150 students). The all weather access road shall also be acceptable
to the Fire Department. This schedule is subject to modification by the School District as
based on District facility needs.
39. The Applicant shall deliver to the School District, a graded elementary school
site including utilities provided to the site and an all weather access road acceptable to the
District, located within Village Five, prior to issuance of the 2,500th residential building permit
(750 students). The all weather access road shall also be acceptable to the Fire Department.
This schedule is subject to modification by the School District as based on District facility
needs.
MISCELLANEOUS
40. As required by the Pre-Annexation Development Agreement with Otay Ranch,
LP., (Ord. 2695), the Applicant shall file a master final map which provides for the sale of
super block lots (" A" Maps) corresponding to the units and phasing or combination of units and
phasing thereof. If said super block lots do not show individual lots depicted on the approved
tentative map, a subsequent final map shall be filed for any lot which will be further
subdivided. All super block lots created shall have access to a dedicated public street.
Backbone facilities shall be guaranteed prior to approval of the related "A" Map(s). The
Applicant shall secure the installation of improvements in a form and amount determined by
the City Engineer prior to approval of a master final map. Said master final map shall not be
considered the first final map as indicated in the conditions of approval unless said map
contains single or condominium multiple family lots shown on a tentative map.
41. The Applicant shall comply with all requirements and guidelines of the Parks,
Recreation, Open Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable
Housing Plan, SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation
Plan.
42. The Applicant shall secure approval of a Master Precise Plan for the-Village One
and Village Five Core Areas, prior to submitting any development proposals for commercial,
multi-family and Community Purpose Facility areas within the SPA One Village Cores.
43. Pursuant to the provisions of the Growth Management Ordinance and the Otay
Ranch General Development Plan (GDP). the Applicant shall fund the preparation of an annual
report monitoring the development of the community of Otay Ranch. The annual monitoring
report will analyze the supply of, and demand for, public facilities and services governed by
the threshold standards. An annual review shall commence following the first fiscal year in
which residential occupancy occurs and is to be completed during the second quarter of the
following fiscal year. The annual report shall adhere to those guidelines noted on page 353,
Section D of the GDP/SRP.
44. The Applicant shall include maintenance of Telegraph Canyon channel east of
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Paseo ladera in any open space district formed for SPA One on a fair share basis. This
includes but is not limited to costs of maintenance and all costs to comply with the
Department of Fish and Game and the Corps of Engineers permit requirements.
45. The owners of each village, or a portion of village(s), shall be responsible for
retaining a project manager to coordinate the processing of discretionary permit applications
originating from the private sector and submitted to the City of Chula Vista. The project
manager shall establish a formal submittal package required of each developer to ensure a high
standard of design and to ensure consistency with standards and policies identified in the
adopted SPA Plan. The project manager shall have a well rounded educational background and
experience, including but not limited to land use planning and architecture.
PHASING
46. Pursuant to the provisions of the Growth Management Ordinance and the Otay
Ranch GDP, the Applicant shall prepare a five year development phasing forecast identifying
targeted submittal dates for future discretionary applications (SPAs and tentative maps),
projected construction dates, corresponding public facility needs per the adopted threshold
standards, and identifying financing options for necessary facilities.
47. Phasing approved with the SPA Plan may be amended subject to approval by the
Director of Planning and Building and the City Engineer.
48. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the
SPA and tentative map with improvements installed in accordance with said plan or as required
to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility
phasing plan based upon a set of assumptions concerning the location and rate of development
within and outside of the project area. Throughout the build-out of SPA One, actual
development may differ from the assumptions contained in the PFFP (i.e., the development of
EastLake III). Neither the PFFP nor any other SPA One document grant the Applicant an
entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement
requirements to those identified in the PFFP. Compliance with the City of Chula Vista
threshold standards, based on actual development patterns and updated forecasts in reliance
on changing entitlements and market conditions, shall govern SPA One development patterns
and the facility improvement requirements to serve such development. In addition, the
sequence in which improvements are constructed shall correspond to any future Eastern Chula
Vista Transportation Phasing Plan or amendment to the Growth Management Program and
Ordinance adopted by the City. The City Engineer may modify the sequence of improvement
construction should conditions change to warrant such a revision. The SPA One PFFP, at
Applicant's expense subject to a Reimbursement Agreement, shall be updated not later than
six (6) months after approval of a PFFP for the EastLake III GDP Area, and the conclusions of
such update, including without limitation, the nature, sizing, extent and timing for the
construction of public facilities caused by SPA One, shall become a condition for all
subsequent SPA One entitlements, including tentative and final maps.
CODE REQUIREMENTS
49. The Applicant shall comply with all applicable sections of the Chula Vista
cJ/(3-/;3
Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the
provisions of the Subdivision Map Act and the City of Chula Vista Subdivision ordinance and
Subdivision Manual.
50.
Manual.
The Applicant shall comply with all aspects of the City of Chula Vista Landscape
51. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal
Code (Growth Management) as may be amended from time to time by the City. Said chapter
includes but is not limited to: threshold standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan amendment procedures
(19.09.100).
52. The Applicant shall pay reimbursement associated with undergrounding of
utilities in accordance with the City of Chula Vista Resolution 17516 dated June 7, 1994.
53. The Applicant shall comply with City Council Policy 570-03 adopted by
Resolution 17 49 1 if pump stations for sewer purposes are proposed.
54. The Applicant shall enter into an agreement with the City, prior to approval of
each final map for any phase or unit, whereby:
a. The Applicant agrees that the City may withhold building permits for any
units in the subject subdivision if anyone of the following occurs:
(1) Regional development threshold limits set by the adopted East
Chula Vista Transportation Phasing Plan in effect at the time of final map approval have been
reached.
(2) Traffic volumes, level of service, public utilities and/or services
exceed the threshold standards in the then effective Growth Management Ordinance.
b. The Applicant agrees that the City may withhold building permits for any
of the phases of development identified in the Public Facilities Financing Plan (PFFPI for Otay
Ranch SPA One if the required public facilities, as identified in the PFFP or as amended by the
Annual Monitoring Program have not been completed.
55. Applicant shall apply for and receive a take permit from the appropriate resource
agencies or comply with an approved MSCP or other equivalent permit applicable to the
property.
56. The Applicant acknowledges its understanding that the City is in the process of
amending its Growth Management Program and Ordinance, to establish updated development
phasing provisions necessary to ensure compliance with adopted threshold standards. In order
for the Otay Ranch SPA One Project to be consistent with the City's growth management
provisions, the Applicant hereby agrees to comply with the pending amendments to the
Growth Management Program and Ordinance in order for the City to approve this Project. Said
provisions shall also be included as a condition of approval of the first Tentative Map, and any
subsequent tentative maps, within SPA One.
c/-/)j -)(
57. The Applicant shall irrevocably offer for dedication to the City or its designee,
fee title, upon the recordation of each final map for an amount of land equal to the final map's
obligation to convey land to the Preserve. Each tentative map shall be subject to a condition
that the subdivider shall execute a maintenance agreement with the City or its designee
stating that it is the responsibility of the tentative map Applicant to maintain the conveyed
parcel until the Preserve Community Facilities District has generated sufficient revenues to
enable the POM to assume maintenance responsibilities. The applicant shall request to the
City Council the approval of the necessary modifications to C.F.D. No. 97-2 (Preserve
Maintenance District) to include operation and maintenance services of those areas conveyed
to the preserve during development of Village One West. Said modifications to C.F.D. 97-2
shall be completed prior to approval of the first "B" Map for Village One West.
VILLAGE ONE WEST
Conditions #58 to #71 apply to Village One West
GRADING AND DRAINAGE
58. Prior to the approval of the first Tentative Map for any land contained within
Village One West, the developer shall submit and obtain the approval of the City Engineer a
Grading Study demonstrating that the grading depicted in the Tentative Map will generate the
necessary fill to construct those portions of Olympic Parkway and the Poggi Canyon Channel
located within the boundaries of said Village One West. This study shall incorporate the most
recent design information for those facilities, including the findings and recommendations, if
available, of CIP Project No. STM 331, Olympic Parkway from Oleander Avenue to SR.125.
Said Grading study shall identify the proposed location for stockpiling of fill material.
PARKS/OPEN SPACE/WILDLIFE PRESERVATION
59. Neighborhood parks (turn-key):
a. Prior to the approval of the first final map for Village One West, the
applicant will enter into agreement with the City to provide Park P-13 in the Gold Phase.
b. The Applicant shall commence construction of the neighborhood park
in Village One West, in a location determined by the Director of Planning and Building, no
later than the earlier of either (1) the issuance of the initial residential building permit south
of East Palomar Street or (2) at a time necessary to maintain compliance with the
requirement that at no time shall there be a deficit in "constructed neighborhood parks"
based on the 2 acre/1 ,000 population standard (See Condition #36 (c) above).
60. Community parks: The Applicant shall receive reimbursement of P.A.D. fees,
excluding the cost of construction of the all weather access road, for the community park
should they deliver a turn-key facility to the City in accordance with the park's master plan.
The Applicant and the City shall mutually agree on a P.A.D. fee reimbursement schedule for
the community park in coordination with the adopted construction schedule. Milestones will
be established for partial reimbursement during the construction process. The City may
withhold up to 20% of the park construction funds until the park has been completed and
c2/ fJ~ /~
accepted. Reimbursement of P.A.D. fees shall include the interest accrued by the City on said
P.A.D. fees minus the City's cost of processing and administering this reimbursement program.
61. Trails: The first final "B" map shall not be approved until the SPA One Open
Space Landscape Master Plan is approved by the Director of Planning and Building. The Open
Space Landscape Master Plan shall be based upon the Concept and Analysis Plan, the
requirements of which are outlined in the City of Chula Vista Landscape Manual and include,
but are not limited to elements such as final recreational trail alignments and phasing. Trail
locations shall be shown on the Tentative Map for Village One West.
All trails shall connect to adjoining existing trails in neighboring development
projects as determined by the Director of Planning and Building.
62. The Community Garden requirement is satisfied in Village One and is not
required in Village One West.
63. Open Space: The Applicant shall request of the City Council the creation of a
new Community Facilities District (C.F.D.) or annexation to an existing C.F.D. to fund
maintenance improvements within Village One West. The District formation or annexation
proceeding shall be completed prior to approval of the first final" B" map.
AGREEMENTS/FINANCIAL
64. The Applicant shall install Chula Vista Transit facilities within Village One West,
which may include but not be limited to benches and bus shelters, in accordance with the
improvement plans approved by the City. Since transit service availability may not coincide
with project development, the Applicant shall install said improvements when directed by the
City. The Applicant shall enter into an agreement with the City to fund these facilities. The
requirement for said agreement will be made a condition of the first tentative map for Village
One West.
65. The Applicant shall request an amendment to the agreement with the City of
Chula Vista, prior to approval of the first final "B" map of Village One West, regarding the
provision of affordable housing. Said agreement shall be a condition of approval of the first
tentative map for Village One West. Such agreement shall be in accordance with the Chula
Vista Housing Element, the Ranch Wide Affordable Housing Plan and the SPA One Affordable
Housing Plan.
66. Prior to the approval of the first "B" Map within Village One West, the applicant
shall annex property to the Sweetwater Union High School District (C.F.D. # 6), and to the
Chula Vista Elementary School District (C.F.D. #6), or provide some other financing mechanism
approved by the school district, to provide for the construction of needed elementary, middle
and high schools. The C.F.D. shall be annexable.
67. The Applicant shall enter into an agreement with the City of Chula Vista, prior
to approval of the first final "B" map within Village One West, to participate, on a fair share
basis, in any deficiency plan or financial program adopted by SANDAG to comply with the
Congestion Management Program (CMP).
c/) !J ~ ) b
68. The Applicant shall be required to equitably participate in any future regional
impact fee program for regional facilities as defined in the GDP/SRP, should the region enact
such a fee program to assist in the construction of such facilities. The Applicant shall enter
into an agreement, prior to approval of the first final" A" map, with the City which states that
the Applicant will not protest the formation of any potential future regional benefit assessment
district formed to finance regional facilities.
69. In order to satisfy their fair-share contribution for financing the light rail transit
system, the Applicant shall complete the following: 1) dedicate to the City the Light Rail
Transit (LRT) right-of-way on the final map containing said right-of-way, as indicated on the
approved tentative map; 2) rough grade said LRT alignment as part of the grading for Village
One West; and 3) prior to the approval of the first Map (including an "A" Map enter into an
agreement with the City which states that the Applicant will not protest the formation of any
potential future regional benefit assessment district formed to finance the LRT.
SCHOOLS
70. The Applicant shall deliver to the Chula Vista Elementary School District, a
graded elementary school site including utilities provided to the site and an all weather access
road acceptable to the District, located in Village One West, prior to issuance of the 4,500th
residential building permit (1,350 students). The all weather access road shall also be
acceptable to the Fire Department. This schedule is subject to modification by the SChool
District as based on District facility needs. In the event that the District elects not to use this
site, the land use shall revert back to residential land use.
71. Prior to the approval of final" B" Maps within Village One West until such time
that the C.F.D. is formed, the levy of special taxes and bonds must be approved by the
qualified electors of the C.F.D. and the Chula Vista Elementary School District, and the
Sweetwater Union High School District.
;2/!J~ )7
'~c2)
I Otay Ranch SPA One Amendments I
Village One Phase 7 Modification
"Main Street" Concept Commercial uses proposed to be oriented along East Palomar
Street instead of village core street off East Palomar
Expansion of "Taking" of Coastal sage scrub habitat on north side of Poggi
development area Canyon allows additional grading to expand development area in
Phase 7
Densities within Village SPA amendment provides 28.5 dus/ac within 1/4-mile of transit
Core stO!.tion and single family densities outside 1/4-mile radius.
Guarded Entrances Amendment adds 2 guarded entrances on south side of East
Palomar Street. All streets and parks behind entrances are private.
Village One West .
Expansion of Amendment adds 74 developable acres and transfers 42 units from
development area Village One for a total of 845 dus over recent GDP amendment of
803 (previous GDP unit count was 443)
Landform Grading Greater effort needed in conforming to existing ridges and canyons
along Poggi Canyon
Guarded Entrances Amendment adds 4 guarded entrances north/south of East Palomar
Street. All streets and parks behind entrances are private.
Outparcel Densities Neighborhood Units Density
Ross R49B 27 6.8 dus/ac
Ross R-52B 8 3.3
DeGraaf R-51B 27 3.6
Gerhardt R-54B 28 5.4
Compatibility with South of East Palomar
Sunbow densities/lot Plan Area Density Min. Lot size Ave. Lot Size
SIzes Sunbow PA 19 3.9 6,000 8,400
SIW R-55 5.0 4,250 6,375
R-59 4.3 5,775 8,341
North of East Palomar
Plan Area Density Min. Lot Size Ave. Lot Size
Sunbow PA22 4.2 5,000 7,763
SIW R-49A 5.8 4,250 4,935
R-50 4.0 5,000 8,551
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COUNCIL AGENDA STATEMENT
12-
Item: ~
Meeting Date: 2/16/99
ITEM TITLE:
Public Hearing: PCM-95-0lB - An application to amend the Otay
Ranch SPA One Public Facilities Financing Plan to expedite Olympic
Parkway construction.
Resolution of the City ofChula Vista amending the Otay Ranch
Sectional Planning Area One Public Facilities Finance Plan to change
implementation thresholds for Paseo Ranchero and Olympic Parkway.
SUBMITTED BY: Director of Planning and Building /1!lt
REVIEWED BY: CitYManagery)~~~ (4/5thsVote: Yes_No~)
On June 4, 1996, the Otay Ranch SPA One Wblic Facilities Finance Plan (PFFP) was adopted
by the City Council, along with the SPA One Plan and other documents required for
implementation of the Otay Ranch General Development Plan. The SPA One PFFP established
thresholds for public improvements serving Villages One and Five, where Olympic Parkway is
located. In order to expedite the improvements of Olympic Parkway, a financing plan and
security for construction, along with modifications to the Equivalent Dwelling Unit (EDU)
thresholds that affect Olympic Parkway, are being proposed by the City, the Otay Ranch Company
and the McMillin Company (the SPA One developers).
RECOMMENDATION: That the City Council continue this project to the March 2, 1999 Ci ty
Council hearing.
H:\HOME\PLANNING\KIM\REPORTS\PFFP.CC2
J2~1
COUNCIL AGENDA STATEMENT
Item .2:;
Meeting Date 2/16/99
ITEM TITLE:
Public Hearing: )7'']? 7pcc 99-25; Consideration of a 132 unit
affordable senior housing complex located on the east side of Medical
Center Drive between East Naples and Medical Center Court, and
involving a 69% density bonus increase and special property development
standards - Chelsea Investment Corporation.
Resolution: A Resolution of the City Council of the City
of Chula Vista Granting A Conditional Use Permit, PCC 99-25 for a 132
Unit Affordable Senior Apartment Complex at the Northeast Corner of
Medical Center Drive and Medical Center Court within the Sunbow II
Planned Community; and a 69% Density Bonus Increase Pursuant to
California Government Code Section 65915, Chelsea Investment
Corporation.
SUBMITTED BY: Director of Planning and Building OL
REVIEWED BY' Goy M~~ ~
The applicant, Chelsea Investments Corporation, is requesting approval of a Conditional Use
Permit for the construction of a 132 unit affordable senior housing project. The project would
be located on a 4.14 acre site on the east side of Medical Center Drive between Medical Center
Ct. and Naples Ct. within the Sunbow II planned community. The project also involves special
property development standards, and a 69% density bonus increase (as authorized by State
Government Code Section 65915).
4/5 Vote: Yes_No X
Based on the Initial Study (IS 99-13) , the Environmental Review Coordinator has concluded that
there would be no significant environmental effects and, therefore, recommends that the Negative
Declaration be adopted.
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Page 2, Item: _
Meeting Date: 2/16/99
RECOMMENDATION:
That the City Council approve the Conditional Use Permit with a 69% density bonus.
BOARDS/COMMISSIONS RECOMMENDATIONS:
On Monday, January 25, 1999, the Design Review Committee after considerable discussion voted
unanimously to conditionally approve the proposed project (DRC 99-29). Under a separate
motion, the DRC made a recommendation to City Council that the applicant be given the
flexibility to reduce parking space requirements further (than recommended by staft) in order to
accommodate pedestrian links between Village I and II and to the community garden in the center
of the project.
On February 3, 1999, the Planning Commission considered the project. After closing the public
hearing, the Commission discussed the issue of a reduction in parking standards. The commission
supported the requested reduction with the caveat that a minimum of seven guest parking spaces
are provided on-site which are-1!Q1 designated as disabled spaces. The Commission voted 5-1-0
(vacant position) recommending that the City Council adopt the Resolution conditionally
approving Conditional Use Permit PCC 99-25.
BACKGROUND:
On May 13, 1997 the Ayres Development Company, Sunbow II Master Developer, entered into
an agreement with the City that insures that ten percent of the total units built (97) would be for
low and moderate income households (5% low (49) and 5% moderate (48)). The moderate
income units are satisfied with market rate units throughout the planned community; the low
income units are designated sites for apartments or condominiums. The Sunbow II Sectional
Planning Area (SPA) plan identifies two potential sites to house the low income housing units,
Parcel 7 and Parcel 6 (see Attachment 4). Both are designated RM, Residential Multifamily and
are targeted for development at 11-18 du/ac.
To satisfy the above mentioned low income housing requirements the applicant is proposing to use
Parcel 6 to build a senior apartment complex with 132 dwelling units, thirty five (35) more than
are required by the agreement referenced above.
DISCUSSION:
1. Site Characteristics
The project is proposed to be located on the east side of Medical Center Drive between Medical
Center Ct. and Naples Ct. within the Sunbow II Planned Community (see Locator). The 4.14
acre, elongated site is vacant (except for a vacant office trailer and associated parking facility
d-3 - .2
Page 3, Item: _
Meeting Date: 2/16/99
located at the north end of the property) and relatively level except for a slope condition along the
east property line.
The site is surrounded by streets on the west, south and north. To the east and approximately sixty
feet above the subject site is the location for the future State Veterans Home located approximately
60 ft. above. After grading, the site will be at the same level as Medical Center Drive and Naples
Ct., and about 15 ft. lower than Medical Center Ct. Based on the proposed finish grade, access
to the site is limited to Medical Center Drive and Naples Ct.
2. C..eneral Plan. Zoning and Land Use
GEN.PLAN ZONING
SUNBOW II
SPA
CURRENT
LAND USE
Site: PQ * PC RM Vacant
(candidate church site)
(candidate affordable housing site)
North: RM (6-11) R3P12 nla Apartments
(across Naples
Court).
South: PQ PC CV Medical Center Parking
(across Medical
Center Court).
East: PQ PC nla Veterans Home
West: RLM PC RS SFD's
(across Medical
Center Drive).
* Note: The property is designated on the General Plan Land Use Diagram as "PQ" (Public Quasi-Public);" however,
this designation has been determined to be a graphic error on the Diagram. The correct land use designation is "RM"
(Residential Medium; 6-11 DulAc). Prior to the comprehensive update of the City's General Plan in 1989, the land
use designation was Residential (4-12 DulAc). Subsequent to the amended General Plan on February 20, 1990, the
Sunbow 11 Sectional Planning Area Plan was approved with the site designated for multiple family units, consistent
with the correct General Plan land use designation. This designation will be graphically corrected upon the next
printing of the General Plan Land Use Diagram.
3. Proiect Description
The applicant is proposing an affordable senior housing project with a total of 132 apartment units
(112 one-bedroom and 20 two-bedroom). The project will include common recreation facilities
and amenities; ample open space and parking for 146 vehicles (132 designated and 14 guest
c13 - )
Page 4, Item: _
Meeting Date: 2/16/99
parking spaces). The proposal also involves certain deviations from the Sunbow II Planned
Community Regulations, the Chula Vista Municipal Code property development standards and
a density bonus increase. The following paragraphs describe in more detail the proposed property
development standards deviations and density bonus increase requested:
Parking:
Section 19.62.050 of the Municipal Code and the Sunbow II Planned Community District
Regulations require 1.5 spaces for each one-bedroom, and 2 spaces for each two-bedroom unit.
However, for senior housing projects, the City Council may (per section 19.58.390 of the
Municipal Code) consider and approve exceptions for certain development standards, including
off-street parking. The applicant is requesting a reduction in parking requirements from 1.5
spaces for each one-bedroom and 2 spaces for each two bedroom unit to one space each for all
units and 14 guest parking spaces. Fourteen percent of the total number of parking spaces
provided is proposed to be compact size (71/2 X 15).
The following table illustrates the proposed and required parking in more detail:
Required Parking:
112 one bedroom units (l.S/unit)
20 two bedroom units (2/unit)
Guest parking
Total =
168
40
Incl
208
Parking Provided
Residential units ( one per unit)
Guest parking
Total =
132
-H
146
(-62 parking spaces)
Open Space
The Chula Vista Municipal Code requires 400 square feet of open space per dwelling unit for
multi- family projects. The open space may be provided in common usable open space areas,
private patios, balconies, or common recreational facilities. The Municipal Code, Chapter 19.28,
does not specifically require the provision of private patios for individual units. The City Design
Manual (Multi-family Design Guidelines Section) recommends 60 sq. ft. of private open space
for one-bedroom and all units above the first floor, and 80 sq. ft. for two- bedroom, ground floor
units.
To satisfy the open space requirements described above, the proposed project features 45,941 sq.
ft. (350 sq. ft. per unit) of common usable open space, including a recreational building, boccie
lawn court, outdoor cooking area and passive open space. No private patios are proposed for
individual dwelling units because of security concerns associated with a senior housing project.
Based on the amenities provided, the applicant is requesting a reduction in open space from 400
023-1
Page 5, Item: _
Meeting Date: 2/16/99
to 350 sq. ft. per dwelling unit.
Density Bonus
The applicant is requesting a 69% density bonus to increase the project density from 78
to 132 (54 additional units) affordable senior housing units. 80% of the 132 units will be
restricted for occupancy by low income seniors (60 percent of the Area Median Income
(AMI)) and 20% for very low income seniors (50 percent of the AMI). The rents for one-
bedroom units will range from $444 to $539/month and for two-bedroom units from $530
to $644/month. The restricted rents are determined by HUD for the current fiscal year.
Rent restrictions will be maintained for a period of no less than 52 years, which exceeds
the 30-year term required by State law. The commitment will remain in force regardless
of ownership.
4. Analysis
Land Use Compatibility
As noted above, the site is surrounded by streets on three sides and by the Veterans Home
project, which is presently under construction. The site will be served by public transportation
along Medical Center Drive and is within walking distance from the Chula Vista Medical Center,
future commercial center and parks within the Sunbow II Planned Community. Thus, in staff's
opinion, the site is appropriate for senior housing and highly compatible with the surrounding land
uses.
Parking
As previously noted this project proposed a reduction in the number of parking spaces to one
space per unit plus 14 guest parking spaces. Staff contacted several jurisdictions in San Diego
County and concluded that the one space per unit parking ratio is widely used by other
jurisdictions and works well for senior citizen projects. Based on this, and the fact that public
transportation, as well as other nearby amenities will be available to serve the project residents,
staff supported the parking space reduction as requested by the applicant.
The Design Review Committee at their meeting of January 25, 1999, recommended a further
reduction in parking spaces in order to facilitate pedestrian linkages between Village I and II, and
to the community garden in the center of the project. The applicant has since modified their plan
to show the requested pedestrian links. This has resulted in a loss of seven additional parking
spaces.
The Planning Commission at their meeting of February 3, 1999, discussed the requested reduction
-2~ - S'.
Page 6, Item: _
Meeting Date: 2/16/99
in parking standards. The Commission agreed with the further reduction of seven spaces to
accommodate pedestrian links (between Village I and II and to the garden area in the center of
the project) , but they wanted assurance that there would be a minimum of seven guest parking
spaces provided on-site and that none of these spaces be designated for disabled use only. As
discussed at the meeting, the applicant and staff are of the opinion that not all future tenants will
own a vehicle and that parking spaces will be assigned to tenants on an as-needed basis.
Therefore, it is staffs opinion that there will be sufficient parking available to provide spaces for
tenants as well as a minimum of seven guest parking spaces which are above and beyond the
required disabled spaces which must be provided for the project.
Open Space
Although the open space provided amounts to about 350 sq. ft. per dwelling unit, (which is 50
sq, ft. less per dwelling unit then required by section 19.28.090 of the Municipal Code), the
project has been designed with central open space facilities and amenities to enhance the
recreational and social interaction opportunities typically associated with senior apartment
projects. The applicant has indicated that seniors can create their own private patios within the
oversized second story corridors and ground floor walkways by placing their chairs and tables
along the edges of these corridors. The applicant also explained that for senior housing projects
outside patios not facing other common areas are a major security concern. Based on the above,
staff endorses the reduction in common usable open space as requested by the applicant.
Density Bonus
In accordance with State Law (Government Code Section 65915(B)), the City shall grant a
minimum 25 percent density bonus increase over the otherwise maximum residential density to
a developer of housing agreeing or proposing to construct at least: 1 )20 percent of the total units
for low income households; 2) 10 percent of the total units for very low income households; or
3) 50 percent of the total units for seniors.
The City also must grant at least one additional incentive or concession per Section 65l95(h) or
make a written finding that the additional incentive or concession is not required to provide the
affordable housing. Such incentives include one of the following: I)reduction or modification of
Development Standards, Zoning Codes or Architectural Design Requirements, 2)Permit Mixed
use Zoning within Housing Development or 3) Allow Other Regulatory Incentives or Concessions.
Granting of the density bonus will allow the project to assist the City in meeting two top priorities
set out in the City's Consolidated Plan for Housing and Community Development. These priorities
are: I) Continue to implement the City's Affordable Housing Program so that more newly
constructed rental and for sale units are made available to low and moderate income households,
with priority given to very low and low income families; and 2) Provide supportive housing
assistance to special needs populations such as the elderly. The developer shall enter into a density
c/3~?
Page 7, Item:_
Meeting Date: 2/16/99
bonus agreement with the City subject to the approval of the City Attorney. The Community
Development Department will bring forward the agreement for Council consideration at a later
date.
Compliance with the Sunbow II General Development Plan/SPA
Although the proposed project involves certain deviations from the Sunbow II Planned Community
District Regulations and Chula Vista Municipal Code, the proposed senior housing project is in
substantial compliance with the Sunbow II SPA which allows special property development
standards for senior housing projects with the approval of a CUP.
With regard to the proposed increase in density (density bonus), the project will exceed the
number of dwelling units and density permitted in the SPA. The underlying zone or in this case
the SPA does not have to be modified at this time provided conforming amendments are completed
in the future to reflect the additional density.
FISCAL IMPACT:
All fees associated with the processing of the Conditional Use Permit and request for density
bonus will be paid for by the applicant.
Attachments:
1. Planning Commission Minutes and Draft Resolution
2. Design Review Committee Resolution
3. Vicinity Map
4. Site Utilization Map from Sunbow II SPA Plan
5. Negative Declaration
6. Site Plan, Elevations, Conceptual Landscape Plan
7. Ownership Disclosure
H:IHOMEIPLANNINGIJEFFICCRPD VlUASER
c23-)
RESOLUTION NO. )9:3:;7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING A CONDITIONAL USE PERMIT, PCC 99-25, FOR A 132 UNIT
AFFORDABLE SENIOR APARTMENT COMPLEX AT THE NORTHEAST
CORNER OF MEDICAL CENTER DRIVE AND MEDICAL CENTER COURT
WITHIN THE SUNBOW II PLANNED COMMUNITY; AND ALLOW A 69%
DENSITY BONUS INCREASE PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 65915, CHELSEA INVESTMENT CORPORATION.
1. RECITALS
A. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated herein by
this reference, and for the purpose of general description herein, consists of a 4.14 acre
elongated and relatively level site located at the northeast corner of Medical Center
Drive and Medical Center Court ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on November 19, 1998, a duly verified application for a Conditional Use
Permit (PCC 99-25) and a 69% (54 dwelling units) density bonus increase and other
incentives/concessions with respect to the Project Site was filed by Chelsea Investment
Corporation ("Developer"); and
WHEREAS, Developer requests permission to construct a 132 unit affordable senior
apartment complex including associated parking and open space/recreational amenities.
The proposal includes a request to reduce the required number of parking spaces from
two hundred eight (208) to one hundred forty-six (146) and the open space requirement
from four hundred (400) to three hundred and fifty square (350) feet per unit; and,
C. Prior Discretionary Approvals
Whereas the development of the Project Site has been the subject matter of 1) A
General Development Plan, Sunbow II General Development Plan (GDP) previously
approved by City Council Resolution 15427 ("GDP"); 2) Sectional Planning Area
(SPA) Plan, Sunbow II Sectional Planning Area Plan previously adopted by City
Council Resolution No. 15524 ("SPA"); 3) Sunbow II Public Facilities Financing Plan
("PFFP"), Sunbow II Design Guidelines all previously approved by City Council on
February 20, 1990 by resolution No. 15524 4) Sunbow II Air Quality Improvement
Plan and Sunbow II Water Conservation Plan Phase lA adopted by City Council
Resolution 15524 ; 5) Sunbow II Planned Community District Regulations adopted
By City Council Ordinance No. 2346; 6) Master Tentative Map, Chula Vista Tract 90-
J.3 - gv
Resolution No.
Page No.2
07 approved by City Council Resolution No. 15640 and extended one year by
Resolution 17177; and,
D. Environmental Determination
WHEREAS, in accordance with the requirements of CEQA, the Environmental
Review Coordinator has determined that the Project requires the preparation of an
Initial Study, such study (IS 99-13) was prepared, and based on such study a Negative
Declaration was prepared and circulated for public review.
E. Planning Commission Record on CUP Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on February 3, 1999 and voted 5-1-0 to adopt Resolution No. PCC 99-25
recommending that the City Council adopt Negative Declaration IS-99-l3, approve
Conditional Use Permit PCC 99-25 based on the findings and subject to the conditions
contained therein; and grant a 69% density increase (54 units above the maximum
permitted density) pursuant to California Government Code Section 65195B, Density
Bonuses and Other Incentives; and
WHEREAS, the Planning Commission concurred with the Design Review Committee
to allow a further reduction in parking spaces as long as a minimum of seven guest
parking spaces be provided on-site and that none of these seven guest spaces be
restricted for disabled use only; and
WHEREAS, from the facts presented to the Planning Commission, the Commission
has determined that the Project is consistent with the City of Chula Vista General Plan
and that the public necessity, convenience and general welfare and good zoning
practice support the Project, and implements portions of State related density bonus
and that the granting of said density bonus and reductions in parking and open space
requirements does not adversely affect the order, amenity, or stability of adjacent land
uses; and
F. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held before
the City Council of the City of Chula Vista on February 16, to receive the
recommendation of the RCC, Planning Commission and Design Review Committee,
and to hear public testimony with regard to the same; and
WHEREAS, the City Council of the City of Chula Vista considered the
recommendation of the Planning Commission regarding the density bonus and
additional incentives/concessions on February 16, 1999.
,13'~?
Resolution No.
Page NO.3
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and
resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning Commission
at their public hearing on this Project held on February 3, 1999 and the minutes and resolution
resulting therefrom, are hereby incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Negative Declaration on IS 99-13 has been
prepared in accordance with requirements of the California Envirornnental Quality Act, the
State EIR guidelines and the Envirornnental Review Procedures of the City of Chula Vista.
IV. INDEPENDENT JUDGEMENT OF THE CITY OF CHULA VISTA CITY COUNCIL
The City Council finds that the Negative Declaration on IS 99-13 reflects the independent
judgement of the City of Chula Vista City Council.
V. FINDINGS FOR GRANTING OF DENSITY BONUS
The City Council hereby finds that the Project is consistent with the City of Chula Vista
General Plan and that the public necessity, convenience and general welfare and good zoning
practice support the Project, and implements portions of State related density bonus and that
the granting of said density bonus and reductions in parking and open space requirements does
not adversely affect the order, amenity, or stability of adjacent land uses.
VI.SP~L USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by the
City's rules and regulations for the issuance of conditional use permits, as hereinbelow set
forth, and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in the
record, that permits the stated findings to be made.
A. That the proposed use at the location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or
the community.
The proposed project is desirable at this location in that the site provides immediate
access to public transportation and is within walking distance of the Sharp Chula Vista
Medical Center. A neighborhood commercial center is proposed for a location just
south of the site. There are no other senior rental housing developments within the
newly developed areas of eastern Chula Vista. In addition, the project will satisfy
Sunbow II's low income housing requirement.
c2J - JO
Resolution No.
Page No.4
B. That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or working
in the vicinity or injurious to property or improvements in the vicinity.
The proposed Project is compatible with surrounding residential and institutional land
uses and adequate infrastructure is in place. The project is oriented toward Medical
Center Drive in order to allow easy ingress/egress to the site, and convenient access
to public transportation.
C. That the proposed use will comply with the regulations and conditions specified
in the code for such use.
The applicant has requested a reduction in the required number of parking spaces from
two hundred eight (208) to one hundred forty six (146) (Chula Vista Municipal Code
Section 19.62.050 ) and open space acreage requirement from 400 to 350 sq. Ft. per
dwelling unit (Chula Vista Municipal Code Section 19.28.090).
Based on previously approved senior housing project parking requirements in the City
of Chula Vista and other neighboring jurisdiction, as well as the Project Site's close
proximity to public transportation, health care facilities and future neighborhood parks
and commercial center within the Sunbow Planned Community, the proposed parking
ratio of one space per dwelling unit plus 14 additional parking spaces for guests is
consistent with established standards for this type of residential projects. A further
reduction of approximately seven spaces is appropriate in exchange for providing
additional pedestrian linkages between village areas and will not negatively affect the
amount of overall parking needed to accommodate the project.
The proposed senior housing apartment complex features common recreational
facilities designed for the intended residents and open lawn areas for outdoor activities.
Based on the proposed amenities and the intended residents, the proposed open space
is adequate.
D. That the granting of this conditional use permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The Project is in substantial conformance with the Housing Element of the City of
Chula Vista General Plan, which supports a wide variety of residential products
including senior housing and requires a minimum of 10% of the total number of
dwelling units in subdivisions with more than 50 dwelling units be affordable. The
Project will also satisfy the affordable housing requirement prescribed in the Sunbow
II affordable Housing Program and Agreement.
d3~//
Resolution No.
Page No.5
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL DOES HEREBY APPROVE THE
PROJECT SUBJECT TO THE CONDITIONS SET FORTH BELOW:
VII. TERMS OF GRANT OF PERMIT OF CONDITIONAL USE PERMIT
The City Council hereby grants Conditional Use Permit PCC-99-25 subject to the following conditions
whereby the Applicant Shall:
A. Ensure that the proposal complies with the use outlined in the application and material
submitted therewith except as modified below:
I. Comply with all conditions of Resolution DRC 99-29 dated January 25, 1999.
2. Comply with all requirements of the Engineering Department including the
following:
a. Prior to issuance of building permits, applicant shall pay all applicable
sewer connection, development impact, and traffic signal fees.
b. Construct two driveway approaches per City of Chula Vista standards
as shown on the proposed site plan. Prior to said construction,
applicant shall obtain a construction permit from the Public Works
Departtnent.
c. Obtain a grading permit.
d. Vehicular turning movement shall be restricted to right turn in and
right turn out only at new driveways along Medical Center Drive due
to an existing raised concrete median.
e. Prior to occupancy, applicant shall submit and receive approval for a
lot consolidation for this project.
3. Comply with all requirements of the Chula Vista Fire Departtnent including the
following:
a. Hammer head turn-around shall be 90' x 25' x 25'
b. Fire Alarm systems are required for all buildings
c. Class I Standpipe system required in three story building.
d. Fire hydrant required at each driveway entrance.
023 - /2
Resolution No.
Page No.6
B. Any change to the operational profile or expansion of the use shall require approval
by the City Council and may result in additional conditions of approval and/or
mitigation measures.
C. Construct the Project as submitted to and approved by the City Council, except as
modified herein and/or as required by the Municipal Code, and as detailed in the
project description.
D. Comply with all federal, state and local laws, regulations, permits, City ordinances,
standards, and policies except as otherwise provided in this Resolution.
E. Approval of this Conditional Use Permit is contingent upon granting approval of the
requested 69% density bonus.
F. This special use permit shall become void and ineffective if not utilized or extended
within one year from the effective date thereof, in accordance with Section 19.14.260
of the Municipal Code.
G. This permit shall be subject to any and all new, modified or deleted conditions imposed
after approval of this permit to advance a legitimate governmental interest related to
health, safety, or welfare which the City shall impose after advance written notice to
the Permittee and after the City has given to the Permittee the right to be heard with
regard thereto. However, the City, in exercising this reserved right/condition, may
not impose a substantial expense or deprive Permittee of a substantial revenue sources
which the Permittee cannot, in the normal operation of the use permitted, be expected
to economically recover.
H. The developer agrees to meet and confer and to enter into a density bonus agreement
with the City.
VIII. CITY COUNCIL APPROVAL OF DENSITY BONUS
The City Council hereby grants the requested increase in density of sixty nine percent (69 %) to allow
the construction of a maximum of one hundred thirty-two (132) dwelling units for the residential
project located at the north east corner of Medical Center Drive and Medical Center Court in the City
of Chula Vista.
The City Council further approves the following incentives to the Applicant in order to balance the
financial feasibility of the affordable housing project with the usual amenities found in a development
of this type consistent with the Conditional Use Permit, PCC 99-25, for the Project:
I. The City implemented alternative parking standards of one parking space for each dwelling
unit, with ten percent (10%) guest parking provided on-site for this project and fourteen
percent (14%) of the total parking spaces provided at compact size; and,
c23 ~ / 3
Resolution No.
Page NO.7
2. The City allowed a reduction in open space requirements from 400 square feet per unit to 350
square feet per unit.
IX. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
Applicant shall execute and have notarized the attached Agreement (Exhibit "B"), indicating the
Applicant has read, understands and agrees to the conditions of approval contained herein, and will
implement same.
X. INDEMNIFICATION/HOLD HARMLESS
Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City,
its Council members, officers, employees, agents and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees
(collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval
and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or
action, whether discretionary or non-discretionary, in connection with the use contemplated herein,
and (c) Applicant's installation and operation of the facility permitted hereby. Applicant/operator shall
acknowledge their agreement to this provision by executing the Agreement of this Conditional Use
Permit where indicated. Applicant's/operator's compliance with this provision is an express condition
of this Conditional Use Permit and this provision shall be binding on any and all
Applicant's/operator's successors and assigns.
XI. NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of Determination and
file the same with the City Clerk.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Redevelopment Agency that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition herein
stated; and that in the event that anyone or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution and the permit shall be deemed to be automatically revoked and of no further force
and effect ab initio.
pr~2t Lc
Robert Leiter
Director of Planning and Building
~~ iLdfJllPJ ~ ~
Jo . Kaheny U t/
City Attorney
H :\SHAREDlPLANNING\ VILASER.CRl
;23-/;1
EXHIBIT "A"
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EXHIBIT "B"
AGREEMENT BY AND BETWEEN
THE CITY COUNCIL OF
THE CITY OF CHULA VISTA
AND
CHELSEA INVESTMENT CORPORATION
RELATED TO THE CONDITIONAL APPROVAL OF
DRC 99-29 AND PCC 99-25
/'
t, ..
Applicant shall execute this dO)lllffient by signing the lines provided below, said e~cution indicating
that the Applicant has read, understood and agreed to the conditions contained in 1pis Resolution No.
_, and will implement same to the satisfaction of the Council. Upon execution, this document
and a copy of Resolution No. shall be recorded with the County Clerk of the County of San
Diego, at the sole expense of the Applicant, and a signed, stamped copy returned to the City Clerk
and the Planning and Building Department. Failure to return a signed and stamped copy of this
recorded document within thirty days of recordation to the City Clerk and the Planning and Building
Department shall indicate the Applicant's desire that the Project, and the corresponding application
for a business license, be held in abeyance without approval.
Signature of representative of Chelsea Investment Corporation
Date
H:\SHAREDlPLANNINGI VILASER.AGR
023 --/b
;:;d ;2 J
ATTACHMENT 1
Planning Commission Minutes
- 2-
February 3, 1999
2.
C HEARING:
PCM 95-01B; amending the Otay Ranch SPA One Public
Facilities Financing Plan to expedite Olympic P ay
Construction.
Staff is recommending that p
February 24, 1999.
Public Hearing Opened 7:12.
(Ray/Thomas) (6-0-0-0) to continue public hearing to February 24, 199
carried.
3.
PUBLIC HEARING:
PCC-99-25; Consideration of a 132 unit affordable senior
housing complex located on the east side of Medical Center
Drive between East Naples and Medical Center Court, and
involving a 69% density bonus increase and special property
development standards - Chelsea I nvestment Corporation.
Background: Jeff Steichen, Associate Planner reported that this is a request for a Conditional
Use Permit for a 132 unit affordable senior housing project on 4.14 acres located on the east
side of Medical Center Drive between Medical Center Ct. and Naples Ct. within the Sunbow
II planned community.
Surrounding land uses include existing apartments to the north, Medical Center Dr., new single
family dwellings to the west, a proposed Veterans home to the east, and the medical center
parking area to the south.
The project is divided into 3 villages; Village One is located in the center and is connected with
Village Three to the north, via a second floor walk-way between the two village; Villages Two
and Three are designed around a courtyard.
The request includes a reduction in parking and open space requirements, as well a 69%
density bonus. The required parking for multi-family is 208 spaces. Based on a parking
standard survey staff conducted for senior housing projects in other jurisdictions, as well as the
availability of public transportation, staff agreed to a reduction of 146 spaces (132 tenant spaces
plus 14 guest spaces).
On January 24, 1999, the Design Review Committee conditionally approved the project and
under a separate motion recommended that the City Council grant the applicant the flexibility
to reduce parking space requirements further than what staff was recommending in order to
accommodate pedestrian links between Village I and III and to the community garden in the
center of the project.
I
Planning Commission Minutes
- 3-
February 3, 1999
These pedestrian links have been added and has resulted in the loss of four parking spaces to
the south and three in the center, thus the total number of parking spaces is now 139. Staff
support this reduction and believes it creates a better cohesive project.
The applicant is proposing approximately 350 sf per dwelling unit of open space, 50 sf below
what is required in the code. The projects features 45,941 sf (350 sf p/du) of common usable
open space including a recreational building, shuffle board, outdoor cooking and passive open
space. Staff supports the reduction in square feet p/du, believing there are sufficient amenities
provided to justify the reduction.
The applicant is requesting a 69% density bonus from 78 to 132 units (54 additional units).
The units will be restricted for occupancy by low income seniors and rents are determined by
HUD.
One letter of opposition was received requesting that the parking and open space not be
reduced.
Staff Recommendation: That the Planning Commission adopt the Neg Dec for 15-99-13 and
adopt Reso. PCC-99-25 recommending City Council approve the Conditional Use Permit for
the proposed affordable senior housing project subject to conditions contained in the
resolution.
Commission Discussion:
Commissioners Thomas and Ray expressed concern with the request to further reduce the
number of parking spaces, that adequate disabled parking be provided, and the reduction
in open space area per dwelling unit.
Jeff Steichen responded that based on similar projects, one vehicle per unit is being
projected, there will be seven disabled parking spaces, further reducing the number of
regular parking spaces.
Public Hearing Opened 7:20.
Bill Hedenkamp, Architect, representing Chelsea Investment stated that this is a unique
project because it is strictly low income and is for senior citizens. Other communities where
he has done similar projects typically have parking ratios of .6 to .7 per unit, substantially
below the 1 per unit that is being proposed. At the inception of this project, the parking ratio
was .6, which staff did not support and subsequently, the project was redesigned to 1 parking
space per dwelling unit plus 10% guest parking. Other similar projects reveal that at full
occupancy, the parking lots at night are 40 to 50% full, primarily because seniors no longer
drive and they prefer to use public transportation or are driven by family.
..2.
Planning Commission Minutes
- 4-
February 3, 1999
The 350 sf open space area is strictly active, usable open space consisting of a community
gardening area, rose garden area, and active play area and quiet use areas with trellises and
built-in b-b-q areas. What is missing is the private balconies for each unit. This is a feature that
Seniors prefer not to have because of security reasons.
Chair Willett stated he visited a couple of senior complexes and he too agrees that parking is
not a problem and that balconies are unwelcome.
Public Hearing Closed 7:30.
Commissioner O'Neill stated he was confident that because of the constitute of the tenants he
did not anticipate there being problems with underparking and was please to hear that the
applicant is not going to stenciling a unit number in a parking space whether its used or not,
because the unassigned spaces may be used by guests.
Commissioner Hall stated that his personal experience too, has been that parking is not a
problem because a vast majority of seniors do not have vehicles. In addition, he believes a
very positive aspect of the project is that it is located next to Sharp Community Hospital which
makes it very accessible to seniors, therefore, he supports the project as proposed.
Commission Tarantino stated that due to the small unit sizes, he believed that on those special
occasions when families normally gather together, it would most likely be that the extended
family would pick up the senior member to take with them to another location or family
member's home, therefore, he does not have a concern with underparking and fully supports
the project as proposed.
MSC (Thomas/Ray) (5-1-0-0) that the Planning Commission adopt Resolution PCC-99-25
recommending that the City Council approve the Conditional Use Permit for the proposed
affordable housing project with the condition that a total of seven guest parking spaces be
provided and not be reduced in order to comply with the 2% ADA requirement for disabled
parking. Motion carried with Commissioner Hall voting against.
Commissioner Hall wished to express that he fully supports the project as proposed, however,
he does not concur with the motion as stated.
4.
P
Ie HEARING: PCM-97-11; Request to amend the Otay Ranch Sectional Plannin
Area (SPA) One for Phase Seven (Purple Phase) of the Viii ne
Core and Village One West including the Planned C unity District
Re tions; Village Design Plan; Parks, Re Ion Open Space and
Trails Ma Ian; Public Facilities F ce Plan; Affordable Housing
Plan; and the Plia Resou anagement Plan.
Background: Rick Rosaler, Principal ner reported tli 's is a two-fold request to amend
the existing SPA One Plan, the plan for Phase Seven in tillage Core and come up
with the SPA Plan f age One West. When the SPA One was appro
.3
~
ATTACHMENT 1
RESOLUTION NO PCC 99-25
A RESOL1TlON OF THE CITY OF CHOLA VISTA PLANNING COMMISSION
RECOJ\1MEIl;1>ING THAT THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVE A CONDITIONAL USE PERMIT FOR A 132 ~TI
AFFORDABLE SENIOR APARTMENT COMPLEX AT THE NORTHEAST
CORNER OF MEDICAL CENTER DRIVE AND MEDICAL CEl\1ER COURT
WITHIN THE SUNBOW n PLANNED COMMUNITY; AND ALLOW A 69%
DENSITY BONUS INCREASE PURSUANT TO CALIFOR.NIA GOVERNMEl\l
CODE SECTION 65915, CHELSEA INVESTMENT CORPOR..\.TION.
WHEREAS, a duly verilied application for a Conditional Use Permit and a request
for a 69% (54 dwelling units) density bonus increase and other financial incentives was
submitted to the Planning and Building, and Co=unity Development Departments of the
City of Chula Vista on November 19, 1998 by Chelsea Investment Corporation
("Applicant"); and,
WHEREAS, said applications request approval of a Conditional Use Permit for a
132 unit affordable senior aparttnent complex at the northeast corner of Medical Center
Drive and Medical Center Court within the Sunbow II Planned Community, and a STh:ty-
. nine percent (69%) density bonus increase pursuant to the California Gove=ent Code
Section 65915, Chapter 4.3., Density Bonuses and Other Incentives; and,
WHEREAS, the Environmental Review Coordinator has determined that the
proposed project will have no negative impact and prepared a Negative Declaration for IS .
99-13 pursuant to the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning and Building Director set the time and place for a hearing
on said Conditional Use Permit application and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the City and
its mailing to property owners and residents within 500 feet of the exterior boundaries of
the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as adve:tized, namely
February 3,1999 at 7:00 p.m. in the Council Chambers, 276 Fourth Ave:lUe, before the
Planning Commission and said hearing was thereafter closed; and,
\VHEREAS, the Planning Commission considered all reports, evidence, and
testimony presented at the public hearing with respect to this applications: and,
WHEREAS, from the facts presented, the Planning Commission hereby determines
that granting the requested density bonus is consistent with the Housing Element of the
City of Chula Vista General Plan and the Califomia Gove=ent Code, and that the public
necessity, convenience, general welfare and go~oning practice support the requested
density bonus. .s
--PAo;;:nint;nn prr 00_')':;
P~~A ..,
NOW, TBEREFORE, BE IT RESOLVED THAT TBE PLANNING
COMMISSION, does hereby reco=end that the City Council adopt the attached draft
City Council Resolution approving Conditional Use Permit PCC 99-25 in accordance with
the [mdings and subject to the conditions contained in the attached draft City Council
Resolution., and grant the requested 69% density bonus increase (54 additional units).
BE IT FURTIffiR RESOLVED THA.T a copy of this Resolution be transmitted to
the City Council and the Applicant.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF TIffi
CITY OF CHULA VISTA., CALlFORl'HA, this erd day of February, 1999, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
John Willett, Chairperson
Diana Vargas, Secretary
H:'SHAREDIPLANNING\ VILASER-PCR
~
ATTACHMENT 2
RESOLUTION NO. DRC 99-29
RESOLUTION OF THE CITY OF CHULA VISTA DESIGN REVIEW COMMITTEE
APPROVING A 132 UNIT AFFORDABLE SENIOR HOUSING COMPLEX ON 4.14
ACRE VACANT SITE AND RECOMMENDING THE CITY COUNCIL ALLOW A
FURTHER REDUCTION IN PARKING REQUIREMENTS.
WHEREAS, a duly verified application for Design Review approval was filed on November 19, 1998
by Chelsea Investment Real Estate Services Company; and,
WHEREAS, the Environmental Review Coordinator has determined that the proposed project will have
no negative impact and that a Negative Declaration has been issued for IS 99-13; and,
WHEREAS, the Planning Director set the time and place for a hearing on said design review permit
application and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners and residents within 300 feet of the
exterior boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely January 25, 1999 at 4:30
p.m. in the Conference Rooms 2 and 3, Public Services Building, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and,
WHEREAS, the Design Review Committee considered all reports, evidence and testimony presented
at the public hearing with respect to subject application; and,
WHEREAS, the Design Review Committee conditionally approved the project and made a
recommendation to the City Council that the 146 parking spaces currently being proposed be further reduced
in order to provide pedestrian linkages between Villages I and II and to the community garden area in the
center of the project.
NOW, THEREFORE, BE IT RESOLVED THAT THE DESIGN REVIEW COMMITTEE does
hereby adopt Negative Declaration issued for Initial Study IS 99-13 and approves the project subject to the
following conditions:
1. Approval of the project is contingent upon approval of Conditional Use Permit PCC 99-25 and density
bonus.
2. A separate sign permit shall be required for any wall and freestanding signage proposed for the project.
3. Comply with all requirements of the Engineering Department, including the following:
a. Pay all applicable sewer connection, development impact and traffic signal fees prior to
issuance of building permits.
b. Obtain a construction permit prior to performing any work within the City's right of way.
c. Construct two driveway approaches per City of Chula Vista Standards as shown on the
proposed site plan.
4. Comply with all requirements of the Fire Department prior to final inspection, including the
following: 7
Rpoo]nt;on ORr qq-?q
Pogl' ?
a. Install a 90 ft long by 25 ft. wide hammer head turn-around area at the south end of the
southerly parking facility.
b. Install a fire alarm system to the satisfaction of the Fire Marshal in all buildings.
c. Install a Class 1 standpipe system to the satisfaction of the Fire Marshal in the three-story
structure.
d. Install a fire hydrant at each access driveway. Exact location of fire hydrant shall be
approved by the Fire Marshall.
5. Comply with all requirements of the Building Division of the Planning and Building Department,
including obtaining a building permit prior to any construction on the site.
6. A detailed landscape and irrigation plan shall be prepared by a registered landscape architect and
submitted to the Planning Division for review and approval prior to issuance of building permits.
7. Prior to issuance of building permits, applicant shall meet with the Crime Prevention Unit of the
Police Department to discuss their recommendations for the project.
8. Prior to final inspection, applicant shall schedule a security evaluation with the Crime Prevention
Unit of the Police Department.
9. Relocate the Village I trash enclosure to a less predominant location. A revised site plan showing
the new trash enclosure location shall be submitted to staff for review and approval.
10. Trash enclosure design, construction detail and finish materials shall be submitted to staff for
review and approval. Metal gates shall be specified in the construction details.
II. Side elevations of corner units facing East Naples Court and Medical Center Court shall provide
additional windows.
12. A detailed lighting plan shall be prepared by the applicant and submitted to the Design Review
Committee for review and approval.
13. Applicant shall be given the flexibility to reduce parking in order to accommodate pedestrian links
between Village I and II and additional connections to the central landscaped/garden area.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council.
i
Rp<"ll1t;"n nRr QQ_?Q
P~gP ~
PASSED AND APPROVED BY THE DESIGN REVIEW COMMITTEE OF CHULA VISTA,
CALIFORNIA, this 25th day of January, 1999, by the following vote, to-wit:
A YES: Aguilar, Araiza, Morlon, Mestler, Alberdi
NOES:
ABSTAIN:
ATTEST:
~W~~
Lin a Bond, Secretary
H:\HOME\PLANNINGIJEFF\DRC\CCRES
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BHA. I~C.
M.W. !iTEELE GROUP. INC.
BASM~CIY AN'DARNEU.INC.
T1ERR~ PLANNING & DESIGN
GILLESPIE DELORENZO ASSOClA rES
::-:--=- ~
EXHIBIT 1
negative declaration
PROJECT \..\..\fE: Villa Serena Senior Apan\llemS
ATTACHMENT 5
'\
~
PROJECT WCATION:
Medical Center Dr. at Naples Ct., Chuia Vista, CA.
ASSESSOR'S PARCEL NO.:
640-070-40 & 641-110-58
PROJECT APPLICANT:
Chelsea Invesnnent Corp.
215 S. Hv.'Y. 101, Suite 200
Solana Beach, CA. 92075
CASE NO: lS.99-13
DATE:
December 17, 1998
A. Proiect Senin~
The 4. 14 acre project sire is located within the Sunbow Planned Co=unity. The Sunbow
Planned Co=unity consists of 602 acres located east ofI-805 south of Telegraph Canyon
Road and north of the Oray Landfill. The following land uses presently surround the
projecr sire: North: multi-family residential uses (across East Naples Ct.); West( across
Medical Center Drive): single family residences; East: future Veterans Retirement Home
and the 5narp Chula Visra Medical Center property .
The site has been previously graded and is fully disturbed by human activity.. The
project sire therefore does not represent viable habitat land for any sensitive plant or
~n;m~ 1 species nor as a vital cultural resource area.
B. Proiect Description
The projecr consists or the construction of 132 senior citizen apartment units located in
three separate clusters throughout the rectangular shaped 4.14 acre site. The project
proposes 112 single bedroom units and 20 two bedroom units. . The project also proposes
the consrruction of a 3,200 sq. ft. co=unity building. The aparnnent units will be
housed in two and three story buildings. The two-story apartment buildings will be
located along Medical Center Drive, the co=unity building will be in the center portion
of the sire and the three-story building will be located behind the co=unity building to
the east. Two driveways off of Medical Center Drive and a total of 145 uncovered
parking spaces (per code) for tenants and their guests are proposed. Landscaping will be
provided in accordance with the City's adopted Landscape Manual standards.
Project construction will also include the installation of street, sewer, drainage,
water and other public utility improvements. The dwelling units would comply with
applicable building code requirements. The one bedroom units are proposed to have an
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area of 5Sj square f;:::: 2..'1d the two bedroom units will have an area of 700 square feet.
C. Compatibility with Zonin!! and Plans
The proje:::r proposes to provide affordable housing for seniors, utilizing the density bonus
provisions permitted by State Guidelines. The project as submitted would thus comply
with the policies of the Housing Element ofthe Chula Vista General Plan which promote
the utilization of development incentives to ensure local and regional affordable housing.
The proje:: would also be in compliance with the develDpment standards established fDr
the Sunbe"'. Planned (D=unity Plan and the SunbDw SectiDnaI Planning Area Plan. The
project 2S proposed will require approval Df a conditional use permit.
D. Identiii~tiDn of EnvirDnmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached
EnvirDnmental Checklist Form) determined that the propDsed project will not have a
significant environmental effect, and the preparation Df an Environmental Impact RepDn
will not be required. Tnis Negative DeclaratiDn has been prepared in accordance with
SectiDn 15070 of the State CEQA Guidelines.
The follov.>ing have been determined tD have nD impact or less than significant project
impacts. A discussion of these follDws.
1. Public Services Impacts
FIre
Tne me department will require the following improvements to the proposed
project:
1. Hammer head turnaround tD be 90' X 25' X 25'
2. Fire alarm system required in all buildings
3. Class 1 standpipe system required in proposed three-story building
4. A me hydrant shall be required at each driveway entrance.
Police
Tne police depanment indicates that they will be able to provide adequate service
to the proposed land use.
2
1'/
Schools
Tne Chula Vista Elementary School District and the Sweerv:ater Union High
School confirm that all of Sunbow is included in Community Facilities DisL.-ict
(CFD) No.4. Participation in this CFD fully mitigates al project impacts on school
facilities.
2. Utilitv and Service Svstems
Soils
A geotechnical smdy of the Sunbow Planned Co=unity site was conducted by
Geocon (1986) and was updated 1987. The smdy concluded that no significant
geotechnical or soil constraints exist that could not be addressed by standard
planning, design, and construction practices. The closest known fault is the
potentially active La Nacion Fault which traverses the Sunbow Commtrnity Plan
Site in a northeast to southwest line. Because the La Nacion Fault is classified as
a potentially active fault, the risk of damaging ground shaking from a relatively
large event on this fault is considered to be e),.1remely low dUling the lifetime or
tile proposed structures. The applicant shall be required to prepare a soils report
as a standard condition of approval by the Engineering Division at the design
S'"..age.
Drainaoe
.,
Tne Threshold/Standards Policy requires that storm water flows and volumes not
exceed City Engineering Standards. individual projects will provide necessary
improvements consistent with these standards. The proposed project will comply
v:ith this Threshold Policy. The City Engineering Division will evaluate on-site
and off-site drainage facilities at the design stage to ensure compliance.
Sewer
The project as proposed is not expected to create a need for any new utilities Dr
service systems. The Engineering Division indicates that existing sewer facilities
appear adequate to serve the proposed project. No adverse impacts to sewers are
noted.
3. Biolo~ical Resources
Tne project site has been previously disturbed by grading and earth moving
operations. The project site is therefore not considered to represent habitat ror any
threatened Dr endangered plant or animal species. The area sUITounding the
3 IS-
?~oject site is also highly urbanized in narme. Tnis projeCt is not expected to
2.2versely impact any sensitive, endangered or threatened species of plant or
?n;m~l.
4. Land Use
Tne project proposes a density of approximately 31.8 units per acre for the 4.14
acre site. The o;iginal multi-family designation aDowed for the development of 7 8
:::i:llti-family uni:s on a 2.12 acre ponion and a church site for the remaining 2 acre
partion. Combining the two sites and applying the State Density Bonus formula
enabled the applicant to propose the 132 dwelling units for low-income seniors in
~etuity. The project will be required to comply with the conditions of approval
25 part of the conditional use permit process. The nature of the propo sed use and
the opportunity to review the project design will lessen any potential land use .
impacts to less than significant.
5. T..-affic
Tne Engineering Division calculates the Average Daily Traffic (ADT) to be 528.
Tne project site is served by Medical Center Drive, a four-lane Class I Collector
which connects to Telegraph Canyon Road, a six-lane Prime Arterial. Both of
these roadways would remain at a Level of Service (L.D.S.) "C" with project
approval. Therefore there would be no noted adverse impacts to traffic from the
proposed project.
6. Air Duality
,)non-term consrruction emissions (dust), and long-term emissions from residents'
vehicles would occur. Neither would be significant, construction is short term and
standard required measures to control dust would be implemented (watering the
soil); and vehicle emissions would be minor, given the nature of the project and
the projected Average Daily Traffic factor of 528. The project is also conveniently
located within proximity to transit facilities, and to service facilities, thus providing
opportunities for reduction in use of the automobile.
7. Aesthetics/Li!!ht & Glare
(M:ii1=.o?imnin~\(rithlIl~==)
The two and three story apartment buildings and parking lot would create new
light. There are no residences contiguous with the project site. Multi-family
residences are located across East Naples St. to the north and single family
residences are located across Medical Center Drive to the west. The applicant will
Iii
'.....
J: required to 5'Jbmit a lighting plan 25 a standard ::andition of trJ e conditional use
~t and design review process. Tne proposed three story apa.,-rment units will
have an approximate height of 35 feet. These units however will be placed
adjacent to a bill that extends upwards approximately 60 feet and separates the
project site from properties to the east. Building design, height, materials,
landscaping and proposed parking areas and lighting will be reviewed for
compliance \vim applicable City standards and compatibility with future
S!!.:Tounding development. No adverse impact is noted.
E. Mitin:i:J:' '\ecessarv 10 A void Sir:nificant Effects
No mitigation will be required.
F. Consultation
I. bdividuals and Or2"anizations
Ci;:y of Chula Vista: Jeff Steichen, Planning Division
Doug Reid, Planning Division
Benjamin Guerrero, Planning Division
Majed Al-Ghafry, Engineering
Samir Nuhaily, Engineering
Duane BazzeI, Planning Division
Garry Williams, Planning Division
Brad Remp, Building Division
Ed Thomas, Fire Department
Richard Preuss, Crime Prevention
Joe Gamble, Planning DivisionlParks & Recreation Sec.
Peggy McCarberg, Acting Deputy City Attorney
Cnula Vista City School District: Dr. Lowell Billings
SweeTWater Union High School District: Katy Wright
Applicant's Agent: William Hedenkamp
2. Documents
Cnula Vista General Plan (1989) and EIR (1989)
Tille 19, Chula Vista Municipal Code
Sunbow GDP, SPA Plan
Sunbow GDP Final EIR-88-1
11
P~::5
(M:'I!1=-,..imnini!\ic:rith\ll~a::;..~\
3. Initial Studv
Tnis environmental determination is based on the attached Initial Study, any
co=ents received on the Initial Study and any comments received during the
public review period for this Negative Declaration. The report reflects the
independent judgment of the City of Chula Vista. Further information regarding
the environmental review of this project is available from the Chula Vista Planning
Department, 2i6 Fourth Avenue, Chula Vista, CA 91910.
~~J If/k~/
E!\!VIR 1\lAL REVIEW COORDINATOR
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(M:~in~'Ik~ithVlq1ti::::....."=IZ:I3J
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Case No. IS-99-lj
ENVIRONMENTAL CHECKLIST FORM
1.
Name of Proponent:
,
Lead A.gency Name and Address:
3.
Addres5 and Phone Number of Proponent:
4.
Name of Proposal:
5.
Date of Checklist:
1. LAND V5E AND PLANNING. Would the
proposal:
a) Confiict with general plan designation or
zonin~'
b) Co"tiicr with applicable environmental
plam or policies adopted by agencies with
jIL..J.sciiction over the project?
c) ivfecr agricultural resources or operations
(e.g., impacts to soils or farmlands, or
impac-.s from incompatible land uses)?
d) Disrupt or divide the physical arrangement
of an established co=unity (including a
low-income or minority co=unity)?
I~
Chelsea Investment Corp.
City of Chula Vista
276 Fourth A venue
Chula Vista, CA 91910
215 So. Hwy. 101, Suite 200
Solana Beach, California 92075
(619) 259-2624
Villa Serena Senior Apartments
December 15, 1998
Polentially
Signiiicanl
Imp"l
Polenlially
Significant
Unless
Miligated
1= than
Significant
Impacl
o
o
~
o
o
o
o
o
o
o
o
o
No
Impacl
o
~
~
~
Pag~ No.1
PCl~:-;~Ii:.!J'"
Signiii:Gn'l
impc::l
)JOlCIILliJIIY
SJgniiJ::iln:
Unlc.!:s
Miligaled
;..esslLan
S"lgnifjcanl
impacl
k:;
ir:JYG:::
Comments: Tne proposed construction of 132 senior citizen apartment units will be in
conformity web the multi-family designation by the General Development Plan and SPA Plan
ror the Sunbow development project and the City's adopted Housing Element. The project
consists of new development which proposes to provide affordable housing for low and
::!oderate inco::!e seniors. The project as proposed is subject to the granting of a density bonus
?er California State provisions. No impacrs to agricultural operations or established
::;::rrmunities <:e noted.
POPlil.ATION A.l\TD HOUSING.
Would the proposal:
a) Cumulatively exceed official regional or
loea! population projections?
b) Indu:e substantial gwwth in an area either
dire:rly or indirec-Jy (e.g., through
projecrs in an undeveloped area or
extension of major infrastructure)?
c) Displace existing housing, especially 0 0 0 ~
affordable housing?
Comm=ts: Tne proposed project will not induce population growth or displace housing. The
project proposes the use of the site for apartment use by senior citizens. The proposal
represents an affordable housing project in a fully urbanized area which will help alleviate the
demand for affordable housing on a regional basis. No adverse impacrs to housing or
population are noted.
II.
o
o
o
~
o
o
o
~
ill. GEOPHYSICAL. Would the proposal result
in or expose people to potential impacts
involving:
a) Unstable earth conditions or changes in 0 0 0 ~
geologic substructures?
b) Disruptions, displacements, compaction or 0 0 0 ~
overcovering of the soil?
c) Change in topography or ground surface 0 0 0 ~
relier features?
2.0
Pag: l'o.:2
d) lli destruction, covering or modification
of any unique geologic Dr physical
f~llIes?
e) .~y increase in "ind or water erosion of
so;\ either on or off the site?
1) C!:.2ges in dep:>sl:ion or erosion of beach
san~', or changes in siltation, deposition or
erosion which may modify the channel of
a river or stream Dr the bed of the ocean or
any bay inlet or lake?
g) Exposure of people or property to geologic
hazards such as eanhquakes, landslides,
mud slides, ground failure, or similar
L___' ,
nazarClS.
Pokntl<Jli:.
!'DL~::~;i:]:Y Slgnjflcan~ leS5 than
SJrnjiJ:z.r.~ Unj~ss Signiricanl "
Jmpad Miligilled Impact lfiJpi':::L
0 0 0 ~
o
o
o
~
o
o
o
~
o
o
~
o
Comments: A geotechnical stUdy of the Sunbow site was conducted by Geocon (1986) and
"as updated in 1987. The study adequately addressed the geophysical issues. Based on the data
provided, there appear to be no signifi=t geotechnical constrainsts that could not be properly
addressed by standard planning, design and construction practices. The closest known fault
is the potentially active La Nacion Fault which traverses the Sunbow site in a north-east to
southwest line. Because the La Nacion Fault is classified as a potentially active fault, the risk
of damaging ground shaking from a relatively large event on this fault is considered to be
extremely low during the lifetime of the proposed structures. The site is not currently within
a ::r.apped EarJJquake Fault Zone. The site will be subject to periodic seismic shaking from
~J1quakes on r=ote faults, but the seismic risk is not greater for this site than for any other
aTerage building site in the western pomon of San Diego County that is located on firm
ground and not situated on a fault. A small insignificant landslide was mapped in the west-
=teral pomon of the Sunbow site on a north facing canyon slope. However, underneath the
nearly flat project site underlies dense, bedrock units which are not prone to landsliding.
Potential geological! seismic impacts are deemed to have no adverse impact on the project as
proposed. No mitigation "ill be required other than that required by Final E.I.R.-88-1.
T:l:: preparation of a soils report shall be a standard requirement by the Engineering Division
and the reco=endations shall be complied with prior to the commencement of any
construction a...-uvity including proposed structures, concrete slabs, driveways or sidewalks.
No mitigation shall be required.
2...(
Pag: No.3
;'Cl~..~i2.jjY
Si;nif!:i:;r.~
impGt:L
!'olcnkl:;
Slgllik;::::~
Ullless
Miligul~d
L~s..t: LlJiJ.li
5ignificulll
Impact
;',~
ir.:r.:d
IV. W Art.R. Would tbe proposal result in:
a) C~:::"ges in abso:?tion rates, drainage 0 0 [gI 0
p~::~~s, or the ~~t~ and amount of surface
..,.....
ru::::;'::I:'
b) Exp::>sure of people or property to water 0 0 0 [gI
reked hazards such as flooding or tidal
W2T5?
c) Dis:harge into surface waters or other 0 0 0 [gI
alteration of surface water quality (e.g.,
tel:?erature, dissolved m:ygen or
turbidity)?
d) Changes in the amount of surface water in 0 0 0 [gI
any water body?
e) Changes in currents, or the course of 0 0 0 [gI
direction of water movements, in either
mazine or fresh waters?
f) Change in the quantity of ground waters, 0 0 0 [gI
either through direct additions or
".i-JJd:-2.wals, or through interception of an
aquifer by cuts or excavations?
g) Altered direction or rate of flow of 0 0 0 ~
ground~vater?
h) Impacts to groundwater quality? 0 0 0 ~
i) lllterations to the course or flow of flood 0 0 0 [gI
v;rate:-s?
j) Subs-..antial reduction in the amount of 0 0 0 [gI
water otherwise 2.yailable for public water
supplies?
.:l.J-.
Pag~ ,,"0. 4
rulcnllllilY
!'Cl::;::i=.];y SJglJirJc<.ln~
S;;:nif;:zn:. Unk:ss
imp-ad Mitigaled
U..::S 1111ln
Signijicant
impacl
I;c
lmpid
Comments: ~ Engineering Division indicates that the site is not located within a flood plain. The
Engineering rm;..sion indicates that there is an existing B.2 curb inlet north of Medical Center Coun
....-hiGh connem to a 18" ACP. The drainage facility will need to be evaluated at the design stage for
g:ading, drainage and connections. The project will not be required to develop and implement a storm
"ater polluuo!: plan (SWPP), out will be required to comply with Chapter 14.2G of the Chula Vista
M:unicipal Co". ,elating to =agement practices associated with construction a:-..ivity. No adverse
;-"I:;a::ts to wa:e:" :i:" drainage 2l'"e noted. No miti2"ation ~~ill be reauired.
- .... '-' ~
Y. /I.IR Q"C}u.ITY. Would the proposal:
a) Violate any air quality standard or
conL.-ibute to an existing or projected air
quality violation?
b) Expose sensitive receptors to pollutants?
o
o
o
JgI
o
o
o
~
c) p.Jt~ air movem~nt, moisture, or
temperature, or cause any change in
c1i=e, either locally or regionally?
d) Create objectionable odors?
o
o
o
~
o
o
o
~
e) Create a substantial increase in stationary
or non-stationary sources of air emissions
or the deterioration of ambient air quality?
Comments: The Average Daily Traffic (ADT) calculated to be generated by the proposed
senior citizen apa.Tunent project is estimated to be 528. Due to the relative low number of trips
no significant impacts to air quality are cited. Short-term construction emissions (dust), and
long-term emissions from residents' vehicles would occur. Neither would be significant, as
construction is short term and standard required measures to control dust would be
implemented (watering the soil); and vehicle emissions would be minor since the project
invovles seniors who would not be relying significantly on privately owned vehicles.
Additionally the project site is located conveniently to transit facilities, and to service facilities,
thus providing opponunities for reduction in use of private vehicles. No mitigation will be
required.
o
o
~
o
VI. TRANSPORTATION/CIRCULATION.
Would the proposal result in:
a) Incr=ed vehicle trips or traffic
congestion?
o
o
~
o
7-3
Page No.5
h) A "krge project" under the Congestion 0 0 0 ~
Management Program? (An equivalent of
2400 or more average daily vehicle trips or
200 or more peak-hour vehicle trips.)
Comments: Based on the proposed use the total AnT for the project is calculated to be 528.
Tne traffic generated would not adversely impact the surrounding primary access roads
including Mecii::al Center Drive a four-lane Class I Collector and Telegraph Canyon Road, a
s:,-lane Prime Anerial. Both of these would remain with a Level of Service (1..0.S) "e". No
adverse impa::cs to traffic or circulation are noted for this project. No mitigation will be
required.
VII. BIOLOGICAL RESOURCES. Would the
proposal result in impacts to:
a) Endangered, sensirive species, species of
concern or species that are candidates for
lis:;n,,;
-".
b) Hzzards to safety from design features
(e.g., sharp curves or dangerous
inte:-sections) or incompatible uses (e.g.,
faI::n equipment)?
c) Inaiequate emergency access or access to
nez:by uses?
d) Ir:,-:::ncient par~g capacity on-site or off-
SIte.:'
e) H'72rds or barrie:-s for pedestrians or
bicyclists?
f) Conflicts with adopted policies supporting
alte.:native transponation (e.g. bus
turn outs, bicycle racks)?
g) Rzil, waterborne or air traffic impacts?
b) Locally designated species (e.g., heritage
trees)?
c) Locally designated natural co=unities
(e.g, oak forest, coastal habitat, etc.)?
2.,L(
!;()l~lll1;;j::.
~'oL~::Lj;:jIr Slgniilc.::r" leSS LilaH
Slgr:ifl::c.n'l lillk:s;; Significant I;,
lmpid ~liLigilled Imp(lcL iT:lp<::l
0 0 0 ~
o
o
o
~
o
o
o
~
o
o
o
~
o
o
o
~
o
o
o
~
o
o
o
~
o
o
o
~
o
o
o
~
Page No.6
IJolclll1i.:li:.
!'Cl::,,:ii;;];Y Signjric:~r.: ~s::; than
Srgr;j;::<:n: UIIJC~ Significant /;c
ir.::r>i:::l Miligulcd Impacl irr:pi::L
d) W~Jand habitat (e.g., marsh, riparian and 0 0 0 ~
vemal pool)?
e) Wildlife dispersal or migration corridors? 0 0 0 ~
f) AHect regional habitat preservation 0 0 0 ~
pl:::--,.,;ng effons?
Co=ents: The project site and surrounding developed area are located in a fully urbanized
c:l=unity and contain no r:.ative habitat. The site has been paved and pomons of it are being
used as a parl-ing area and temporary construction office units. No anim.l or plant species
listed as rare, threatened or endangered by local, State or Federal resource conservation and
regulatory agencies are known to be present on this fully disturbed parcel. No adverse impacts
to biological resources are noted. No mitigation will be required.
VIII. ENERGY AND MIN"ERAL RESOURCES.
Would :he proposal:
a) Co:nilict with adopted energy conservation 0 0 0 ~
plans?
b) Use non-renewable resources in a wasteful 0 0 0 ~
and inefficient manner?
c) If the site is designated for mineral 0 0 0 ~
resource protection, will this project
. h' ')
Impact t IS protectIon.
Co=ents: No evidence has been provided that indicates that the project will use non-
renewable resources in a wasteful and inefficient manner. No adverse impacts to non-
renewable resources are noted.
IX. HAZARDS. Would the proposal involve:
a) A ri...sk of accidental explosion or release of
h,,,-dous substances (including, but not
limited to: petroleum products, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency
response plan or emergency evacuation
plan?
o
o
o
~
o
o
o
~
l..S-
Page No.1
l'olclIl"!I:.
FD~~;-.:.;<;];y SJgniflciln~ d:=: lban
Slgniii:::Gnl Unle.s;; 5ignHi::anL I~ [;
lmp<::t Mitigated lmpacl imp::::::
C) The creation of any health hazard or 0 0 0 ~
pot~tial health hazard?
d) Exp:Jsure of people to existing sources of 0 0 0 ~
pot~tial health hazards?
e) Inc=ed fire h=d in areas with 0 0 0 ~
fh~~able brush. ,,:2.5S, or trees?
Co=ents: lne residemialland use project as proposed would not pose a health hazard to
h=s. No bzardous materials or substances will be stored on site. Therefore, there cannot
be a risk of an explosion or rel=e of hazardous substances in the event of an accident or upset
condition. No mitigation will be required.
X. NOISE. Would the proposal result in:
a) Inc=es in existing noise levels?
o
o
o
19j
b) Exposure of people to severe noise levels?
o
o
o
19j
Co==ts: T=porary construction noise would occur at the site, however, the short term
narure of the noise, and the fact that the proposed use is residential in nature render 'the
potential noise factor to less than significant. No significant adverse noise impacts are noted.
No mitigation is required.
XI. PUBLIC SERVICES. Would the proposal
have an effect upon, or result in a need for new
or altered government services in any of the
following areas:
a) Fire protection? 0 0 0 19j
b) Police protection) 0 0 0 ~
c) Schools) 0 0 0 ~
d) Maintenance of public facilities, including 0 0 0 19j
roads?
e) Other governmental services? 0 0 0 19j
2.~ Page No. g
!'D~tr;:ld:;
31;rniil:aili
impad
l'olelllliJ!J:,
Slgllik:;;r::
U/li~s;.:
~liLigi.lLed
i.~::~ thall
5J~flifi~ilflt
Impact
1,:;
ir;;pi:.:t
Comments: 30th school dis-wicts indicate that the proposed Sunbow senior citizen residential
project is included in Co=unity Facilities Disrict (CFD) No.4. Participation in this CFD
fclly mitigates ill project impacts on school facilities. The project would not have an effect
upon or resuh in a need for new or altered gove=ental services. Fire and Police Department
::dicate that :iJ.ey would be able to provide adequate service to this proposed project. The
?olice Depr..::Jent indicates that the response times for both Priority 1 & 2 calls are slightly
2.:J:lve the rec:J-'mended resoonse thresholds.
XII. Thresholds. Will the proposal adversely impact
the Ci:y s Threshold Standards?
As described below, the proposed project does not adversely impact any of the
following Threshold Standards.
o
Q
o
~
a) FiIelELMS
o
o
o
~
The Threshold Standards requires that fire and medical units must be able to
resyond to calls within 7 minutes or less in 85% of the cases and within 5 minutes
or less in 75% of the cases. The City of Chula Vista Fire Depanment indicates that
the nearest fire station is 2 miles away and that this threshold standard will be met.
The proposed project will comply with this Threshold Standard.
Comments: The Fire Department states that the following will be required as standard
conditions: a Class 1 standpipe system, fire alarm system in ill buildings, firre hydrants in each
ci..-iveway, and :he proposed hammerhead turn-around shill have the following dimensions 9D'
-:--' ?-'
:l:~ x_,.
b) Police
o
o
~
o
Tne Threshold Standards require that police units must respond to 84% of Priority
1 calls within 7 minutes or less and maintain an average response time to ill Priority
1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls
within 7 minutes or less and maintain an average response time to ill Priority 2 calls
of 7 minutes or less. The Police Department response time for both Priority 1 and
Priority 2 cills wiiliin the vicinity of the proposed project do not currently comply
wi:h this Threshold Standard.
.l?
Page No.9
!loknL;;;!;:
l'(jL~r:.~;1;lJY SlglljfJ:.:~r;~
Slgr.iil::;::.nL UlJlcs~
impi:::::l ~Iili~uh:d
ies:; lhall
SJgnifJcanl
Impact
"
ir.:Di:::::L
Comments: The police Depanmem indicates that adequate service can be provided to the
project site. Crime prevention personnel are available to assist the Project Manager with
reco=enda:ions and input regarding this project. The average response times for both
Priority 1 and 2 calls are slightly above the recommended service response thresholds. No
... .~. . .,
r:utlganon y;-l.!J De requlrec.
c) T CQC
o
o
o
[!;j
The Threshold Standards require that all intersections must operate at a Level of
Secnce (LOS) "e" Dr beuer, with the exception that Level of Service (LOS) "D"
may occur during the peak two hours of the day at signalized intersections.
Inte..-secrions west of 1-805 are not to operate at a LOS below their 1987 LOS. No
inte..-section may reach LOS "E" or "F" during the average weekday peak hour.
Inte:-secrions of anerials with freeway ramps are exempted from this Standard.
This Threshold Standard does not apply to the proposed projecr.
Comments: No adverse impacrs to traffic/circulation are noted from the projecr as
proposed. See Section VI (Transportation! Circulation) above.
d) Parks/Recreation
o
o
o
~
The Threshold Standard for Parks and Recreation is 3 acres/ 1,008 population. . This
Threshold Standard will apply to the proposed projecr.
Comments: No adverse impacrs to parks or recreational opportunities are noted. The
applicant will be required to pay the required park fees and this will satisfy any Park and
Recreation Threshold Standard requirements.
e)
Drainao-e
"
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 City Engineering Standards. The
proposed project does comply with this Threshold Standard.
Co=ents: The Engineering Division indicates that existing on-site and off-site drainage
facilities will be reviewed prior to construction. Additional minor installations of inlets along
the street right-of-way may be necessary in order to complete street dedication and
improvements along Medical Center Drive.
l€
Page No. 10
f'olcnllan;
!'oL~;;~ii:li) SignifJci.mt U:::S Uw.n
SlgniiJ:anl Unless Sjgnirl~anl "
lmpad ~ljligalcd Impact lmpc.:t
e) Sewer 0 ~ 0
The Threshold Standards require that sewage flows and volumes not
exceed City Engineering Standards. Individual projects will provide
ne=sary improvements consistent with Sewer Master Plan(s) and City
Eng'-;eering Standards. The project will comply with this Threshold
Sc-_c-.d
..~-~ .
Comments: Tie proposed .?roject is not expected to create a need for any new utilities or
se~vice systems. A 10" vcp flows northerly to Telegraph Canyon Road and connects to an 18"
line. The En~eering Depa.:1:ment indicates that existing sewer facilities appear adequate to
sezve the proposed project. No adverse impacts to sewers are noted.
f) W ate~
o
o
o
~
The 7hreshold Srandards require that adequate sto~age, treatment, and transmission
facili:ies are constructed concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction. The proposed
projecr does comply with this Threshold Standard.
Comments: No adverse impacts to water quality are noted from project approval.
XIll. UTILll.l1:.S AND SERVICE SYSTEMS.
Would tb~ proposal Temlt in a need for new
systems, or substantial alterations to t;'~
following utilities:
a) Po,,~ or natural g2.S? 0 0 0 ~
b) Com~unications systems? 0 0 0 ~
c) Lo:al or regional \;.ater treatment or 0 0 0 ~
disr:-ibution facilities)
d) Sew~ or septic tanks? 0 0 ~ 0
e) Stonn water draillage? 0 0 ~ 0
';Lc;
Page 1\0.11
~ Solid waste disposal?
j'ol!.:nli;,j;:,
h:;l:':j.~ji;l:.,- SIj:.:llifl:::i.Jl;:
SI;:r.iiJ:i.:nl Uni~s:::
jrn~i::::l Miligill~d
o
o
less thon
SIgnificant
Impact
o
~\ c
imy,d
~
Co=ents: This project will not result in a need for new systems, nor result in alterations
in any utilities.
XIV. AESTHETICS. Wodd tbe proposal:
a) O':os:ruct any sc~nic vista or vi~w op~n to
the public or will the proposal result in the
cro'c;on of an a~s-illetically offensive site
open to public view?
b) Cause the destruc-..ion or modification of a
sc~c route?
c) Ha"~ a demonst~able negative aesthetic
efi~~:,
d) Create added light or glare sources that
could increase the level of sky glow in an
area or cause this project to fail to comply
with Section 19.66.100 of the Chula Vista
Municipal Code, Title 19?
e) Reduce an additional amount of spill light?
o
o
o
o
o
[8]
o
[gI
[gI
[8]
o
[gI
Co=ents: The project -ii-ill be subject to the review and recommendations of the Design
R~view Comminee. Building design, height, materials, landscaping and proposed parking will
be reviewed for compliance with applicable standards and compatibiliry with future
surrounding d~elopment and land uses and its visual impact along Medical Center Drive. No
mitigation will be required.
:Xv. CULn;R...\L RESOURCES. Would tbe
proposal:
a) Will the proposal result in the alteration of
or the destruction or a prehistoric or
historic archaeological site?
b) Will the proposal result in adverse physical
or aesthetic effects to a prehistoric or
historic building, structure or object?
:30
o
o
o
o
o
o
o
o
o
o
o
o
o
o
[gI
[8]
Pag:.- No_ 12
c) Does the proposal have the potential to
C2use a physical change which would affect
unique ethnic cultural values)
d) Will the proposal restrict existing religious
or sa::red uses "itIDn the potential impact
2:=::2'
e) Is:ie area idemiiied on the City's General
Ph= EIR as an area of high potential for
archeological resources?
j;ol[:!il:.;I.:.
1)()l~dl:::JIY Slgllifl::Jr.: 11.:5;; limn
Slgniil:::anl UIlJ~S::: SJgnifi:::anl k;
Impact AliligLlled ImpacL jrr.ni::::~
0 0 0 ~
o
o
o
rgj
o
o
o
rgj
Comments: The project site is graded and is found in a fully disturbed condition. The
a:ijacent proper-ies are fully disturbed as well. No adverse impacts to cultural resources are
noted.
1.\'1. PALEO:,\;l'OLOGICAL RESOURCES. 0 0 0 rgj
Will the proposal result in the alteration of or the
destruc:ion of paleontological resources.(
Comments: No paleontological resources have been identified on or near the project, which
is located in a fully developed urban setting.
c) Ime..-fere with recreation parks &
recreation plans or programs?
Comments: 1\'0 adverse impacts to Parks or Recreational Plans are noted.
1.\'II. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or
regional parks or other recreational
facilities?
b) AHecr existing recreational opportunities?
1.\'111.
NL~~~ATORYF~~INGSOF
SIGNIFICANCE: See Negative
Declc.ration for mandatory findings of
sign~.:uance. If an EIR is needed, this section
should be completed.
3;
o
o
o
rgj
o
o
o
rgj
o
o
o
rgj
Page No_ 13
a) D05 the project have the potential La
deg:-ade the quality of the environment,
sUDs-..antially reduce the habitat of a fish or
wildlife species, cause a fish Dr wildlife
pop:J.lation to drop below self-sustaining
leve~, threaten to eliminate a plant Dr
>,,:-al communiry, reduce the number or
res:i::t the range of a rare or endangered
planr or animal or eliminate imponant
examples of the major periods or
Caliiornia history Dr prehistory?
Comments; Tne projecr site is in a fully developed urban setting. The projecr site has been
completely disrurbed by human activity. No impacts to wildlife population, habitat Dr
c.olrural/histo::i:a.l resources are noted.
b) Does the project have the potential to
achieve shan-term, to the disadvantage of
long-term, environmental goals?
Comments; The projecr does not have the potential to achieve short term environmental goals
to the disadvantage of long-term goals. The projecr is consistent with both the General
Development Plan and SPA Plan for the Sunbow Plan.
c) Does:he projecr have impacts that are
indindually limited, but cumulatively
considerable? (" Cumulatively
considerable" means that the incremental
effec-..5 of a projecr are considerable when
viewed in connection with the effects of
past projecrs, the effects of other current
projectS, and the effects of probable future
projectS.)
Comments; The project does not have any impacts that are individually limited, but
=ulatively considerable.
3~
l'oL~I\l1,:!::.
i'Ol:.:r.~;i;:::. .:ilgnifi::;,;::
Slg!ljfI:.c.r.~ Ullks~
jrnDid Miligaled
;.c:;;: llii:ln
Slgniil::anl
impact
'.
,,~
!ITa:..:::.:
o
o
o
~
o
o
o
~
o
o
o
~
Page ho. 14
;'Ol~;.:l::::j;
3Igr:iiJ:t:.n't
jrr:~i::::l
f1oLcnll;d;:,
Slgniflciln:
Unlc~
Miliguled
Less Lhiln
5igniiicanL
Impact
tjc
Impi:d
d) Does the projecr have environmental effecr
which will cause substantial adverse effecrs
on human beings, either direcrly or
in.;:-ecrly?
Comments: -=ne analysis :amained in the Initial Study found no evidence indicating the
?~oject will cz"-Se substantial adverse effeers on human beings, either directly or indirectly.
o
o
o
~
XIX. PROJECT REVISIONS OR MITIGATION ME.ASl.JRES:
No mitigation measures will be required for this project.
xx. ENVIRONMENTAL FACTORS POTE:NlIALLY ll.FFECTED:
Tne environmental ractors checked below would be potentially affected by this project,
involving at le25: one impact that is a "Potentially Significant Impact" or "Potentially
Significant Unless Mitigated," as indicated by the checklist on the rollowing pages.
o Land Use and
Plannin17
"
o T ransponation! Circnlation
o Public Services
o Population and
Housing
o Biological Resources
o Utilities and Service
Systems
o Aesthetics
U Geophysical
o Energy and Mineral
Resources
o Water
o Hazards
o Cultural Resources
o Air Quality
[] Noise
[] Recreation
o Mandatory Findings or Significance
33
Page No. 15
DJ. DEE;J,-\lINATIO::\:
., o=. me basis 0: -~~l:; initial evaJuation:
I find that th~ proposed proj~ct COULD NOT have a significant effect on the
environment, 2lld a NEGATIVE DECUiRA TION will be prepared.
I iind that although the proposed project could have a signific211t effect on the
e:;,-ironmen:, :h~re will no, b~ a significant effect in this case because the
~;rigation me2.>-ures described on an attached sheet have been added to the
?~Jject. A M:., lGA TED :\.::.GA TIVE DECLliR/1. TION will be prepared.
I :md that the ?~opDsed project MAY have a significant effect Dn the
environmem, alld an ENVIRONMENTAL IMPACT REPORT is required.
I iind that the proposed prDject MAY have a significant effect(s) on the
environment, but at least Dne effect: 1) has been adequately analyzed in an earlier
dD=ent pu.."5llant to applicable legal standards, and 2) has been addressed by
=~gation me2.>-ure5 based Dn the earlier analysis as described on attached sheets,
ii the effect is a 'pDtentially significant impacts" or "potentially significant unless
!:!irigated." _~2. ENVIRO:!\lv.1ENTAL IMPACT REPORT is required, but it
must analyze only the effec-:.S that remain to be addressed.
I iind that although the propDsed project could have a significant effect on the
environment, there Wll.L NOT be a significant effect in this case because all
pDtentially si~ificant effects (a) have been analyzed adequately in an earlier EIR
pursuant to applicable standards and (b) have been avoided or mitigated pursuant
to that earlier EIR, including revisions or mitigation measures that are impDsed
upon the proposed project. :\n addendum has been prepared to provide a record
or:his deteDI!~~?tion.
/\ ~'fJ2 '
(. I ' (
RJ~ (i ',' /
En,-iro~ental Review Coorciinator
Ci:-c of Chula Vis:a
/ ~/;sh~
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COUNCIL AGENDA STATEMENT
c2, J-/
I
Meeting Date 02/16/99
Item
ITEM TITLE:
IJ RESOLUTION /93 7~ APPROVING THE PROBLEM-SOLVING
PARTNERSHIP AGREEMENT BE1WEEN THE CITY OF CHULA VISTA AND
AYRES LAND COMPANY, THE EASTLAKE COMPANY, FIELDSTONE
COMMUNITIES, INC., THE CORKY MCMILLIN COMPANIES, THE OTAY
RANCH COMPANY, AND PACIFIC BAY HOMES ("DEVELOPMENT
COMMUNITY").
[J RESOLUTION /:7.J 7 i APPROVING THE ADDITION OFONE
PERMANENT HALF-TIME EQUIVALENT LATENT PRINT EXAMINER
POSITION AND APPROPRIATING FUNDS.
REVIEWED BY:
~~s'l'-'
Chief of Policej' . ~ v
COy M'",ry~ ~ ~
(4/5ths Vote: Yesl No-1
SUBMITTED BY:
BACKGROUND:
On November 18,1997, Council approved acceptance of funds from the U. S. Department of Justice
for a COPS Problem-Solving Partnership Study to be conducted by the Police Department. One part
of the study has focused on improving new home safety and security through target-hardening and
other preventive measures. These measures were co-formulated with the Police Department and
developers and builders who are now prepared to sign an implementation agreement. A second
focus of the study has been improving on-scene evidence collection and increasing suspect arrests.
This was achieved during the life of the grant, with the addition of a temporary Latent Print Examiner.
A third part of the study specifically addressed crime problems occurring in multi-family housing. As
part of a previous report, Council authorized the department to initiate a Crime Free Multi-Housing
Program in Chula Vista. The results from all three interventions have been (and are expected to
be) significant. Council requested that, upon completion of the grant, a staff report be prepared and
presented to Council. An Executive Summary of the full report is appended to this Statement.
RECOMMENDATION: That the City Council: (1) approve and co-sign the document entitled
"Problem-Solving Partnership Agreement" with Chula Vista's residential property developers and
builders; and (2) amend the FY98-99 budget adding one permanent half-time equivalent Latent Print
Examiner position, and (3) appropriating the transfer of $10,792 from the PFDlF(for City credits
earned in a prior CIP) to the General Fund, and re-appropriating the same amount from the General
Fund to the Police Department budget for salary and related benefits (Account 100-1031-5105).
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
cJL///
Page 2, Item __
Meeting Date 02/16/99
DISCUSSION:
Problem-Solving Partnership Agreement: During 1998, with funds from a COPS Problem-Solving
Partnership grant, the Police Department identified several factors associated with single-family
residential burglary in Chula Vista. The factors ranged from missing dead bolt locks to overgrown
shrubbery to low homeowner awareness of crime prevention. From these, a number of possible
solutions were developed in collaboration with our problem-solving partner - the building industry.
These were further distilled and refined until six solutions emerged. Three are mechanical in nature,
to be implemented during construction. Windows will meet forced entry resistance standards, and
additional locks will be provided for side garage service doors and sliding glass doors. Three other
solutions are knowledge based. Model homes will feature anti-burglary landscape, crime prevention
brochures will be distributed at point of sale, and a new concept will be introduced whereby
Neighborhood Watch is initiated and maintained by the homeowner's association. All parties involved
in the problem-solving process concluded these were not only feasible for the builder to implement,
and achievable in a short period of time, but would be of immediate value to the new homeowner.
The six solutions have been compiled into a "Problem-Solving Partnership Agreement" which Chula
Vista's major developers and developer/builders are prepared to sign.
The Mayor's signature on the document will serve to acknowledge the creative and conscientious
efforts of developers. The "Agreement" represents a significant achievement on behalf of the City and
its new homeowners. The Police Department identified a problem and sought innovative ideas from
people knowledgeable in the field of new home design and construction. Throughout the project, the
Department has received enthusiastic support from those at the highest possible levels of that
industry. It is noteworthy, too, that the agreed-upon changes are entirely voluntary - neither
required by code enforcement law, nor by current industry standards. In addition, the changes will
represent additional incurred expense to developers and builders, as will the cost to produce the
crime prevention literature. Council approval will serve to recognize those efforts.
A recent Resident Opinion Survey (1997) conducted by SANDAG and previously sent to Council
revealed that residents are aware of the Police Department's ongoing efforts to address these and
other problems in the City of Chula Vista. Of all currently-available programs, residents prefer using
the various crime prevention programs more than any other. Neighborhood Watch can now be readily
available to residents in each newly-developed community. The survey also revealed a need for even
more community outreach and crime prevention programs. The co-produced Crime Prevention
materials presented to each new homeowner at point of sale will respond to this need.
Half-Time Latent Print Examiner: A related aspect of the Residential Burglary Study identified
areas of need with respect to fingerprint evidence processing and suspect identification by the Police
Department Crime Laboratory.
Latent prints are the key to identifying burglars and successfully prosecuting them. The sooner an
arrest is made, the fewer opportunities a career burglar has to commit additional crimes. But by the
end of 1997, conditions had evolved that reduced the evidence processing rate to twenty-six (26%)
percent. The Crime Lab was unable to process three out of every four work requests for latent print
comparisons. In addition, the average processing time for a piece of fingerprint evidence had
increased to 30-35 days when averaged over the year. The situation was such that a single complex
homicide investigation could fully involve available staff and increase normal processing time to 60
days. (This typically occurs several times a year.) Consequently, fingerprint matches were low. Only
79 were made in 1997, while backlogs continued to increase.
;< 1/-2
Page 3, Item __
Meeting Date 02/16/99
The performance deficits were the results of workload increases generated by both growth and new
evidence standards, and the City's subsequent budget constraints during the mid-1990's. The Crime
Lab had continued to employ a sole Latent Print Examiner while the volume of requests had
increased due to City growth and the greater number of Police Department personnel requesting
Crime Lab services. Deficiencies also resulted from the imposition of new verification standards.
In past years, it had been the practice to seek verification only in high priority or extremely difficult
cases. Increasingly, however, the American Society of Crime Laboratory Directors required
verification of all matches, adding further delays of up to 30 days to the investigation process,
inevitably allowing burglars more time to commit crimes.
The Latent Print Examiner's primary workload consists of processing latent prints. During 1997, the
Crime Lab received a weekly average of thirty-three (33) requests to evaluate print evidence. Each
set of latent print comparisons can take from 30 minutes to several hours (or longer) to perform,
requiring a minimum of 16.5 person hours, but most often requiring several times longer. Typically,
about half the prints are of sufficient quality to enter into the California Identification System (CAL-
10), a task requiring another seven (7) person hours per week. The Examiner's additional
responsibilities include evaluation of print-bearing physical evidence, photography assignments and
at ieast twelve other categories of forensic investigative work which can consume another five (5)
person hours per week.
As of December 1997, personnel resources to handle the workload consisted of one full time Latent
Print Examiner. To increase production, to reduce backlogs and ultimately identify more burglary
suspects, an additional half-time Latent Print Examiner was added to Crime Lab staff for a period
of one year, effective January 1, 1998. This was accomplished by restructuring Residential Burglary
grant funds to support the temporary position.
The results for 1998 were highly favorable. Although the Crime Lab received about the same number
of work requests as in 1997, production approximately doubled. The proportion of cases in which
latent print comparisons were performed, increased from 26% to 50%; prints entered into CAL-ID
increased by more than 50%. The Crime Lab was now in a position to proactively reduce the backlog
of outstanding requests. During 1998, the Lab processed 144% more backlog cases than in 1997.
In addition, average processing time was reduced from 30-35 days to a much more responsive 7-14
days. As a result, 163 print matches were successfully made - a 106% increase over 1997. From
this work, detectives identified 38 burglary suspects in 1998 and filed cases against them, as
compared to only 10 burglary suspects identified in 1997. In most of these cases, suspects pled
guilty, thus avoiding the high cost of a trial. Given that within a 60-day window of time, a single active
burglar can commit 30-60 burglaries before being identified through latent print matching, the
additional arrests in 1998 potentially reduced City burglaries significantly.
As a further result of this grant, the District Attorney's Office has credited the efforts of the half-time
Latent Print Examiner with playing a key role in solving two other major criminal cases - one in which
a burglary suspect plead guilty to the attempted murder of a Chula Vista police officer, and another
in which a reluctant homicide witness decided to cooperate when faced with the possibility of being
charged with residential burglary (a strikeable offense).
Considering the City's projected growth, the permanent addition of a half-time Latent Print Examiner
is vital to the Department if it is to retain these significant gains and prepare for the inevitable
increase in evidence processing activity.
c2 ;J'~ 3
Page 4, Item
Meeting Date 02/16/99
FISCAL IMPACT:
The Department has worked with the City Manager's Office to mitigate any impact on the General
Fund in the current year. For the remainder of FY 1998/99, costs are projected to be $10,792.
These costs will be offset by credits owed to the City from the Public Facilities Development Impact
Fee (PFDIF) program. These credits are for City expenditures made during the 1990/91 remodel of
the Police Building - these expenditures should have originally been paid for by the PFDIF.
The proposed funding transfers $10,792 from the PFDIF Police Component to the General Fund and,
in turn, re-budgets the Police Department's budget for the Latent Print Examiner position.
For FY 1999/2000, cost is expected to be $31,662 to retain the half-time Latent Print Examiner
position, which will be borne by the General Fund.
Attachments:
1. Problem-Solving Partnership Agreement
2. Executive Summary of Residential Burglary Study
c2 t/~ r
ATTACHMENT 1
PROBLEM SOLVING PARTNERSHIP AGREEMENT
BY AND BETWEEN THE CITY OF CHULA VISTA
AND AYRES LAND COMPANY, THE EASTLAKE
COMPANY, FIELDSTONE COMMUNITIES, INC.,
THE CORKY MCMILLIN COMPANIES, THE aT A Y
RANCH CaMP ANY, AND P ACIFIC BAY HOMES
This PROBLEM SOLVING PARTNERSHIP AGREEMENT is entered into effective as
of February _, 1999, by and between the CITY OF CHULA VISTA, a chartered
municipal corporation ("City") and AYRES LAND CaMP ANY, THE EASTLAKE
COMPANY, FIELDSTONE COMMUNITIES, INC., THE CORKY McMILLIN
COMPANIES, THE OTA Y RANCH COMPANY, AND PACIFIC BAY HOMES
("DEVELOPMENT COMMUNITY") with reference to the following facts:
Recitals
WHEREAS, the Chula Vista Police Department received a grant from the United States
Department of Justice for a COPS Problem-Solving Partnership Study; and
WHEREAS, the study focused on improving new home safety and security through
crime prevention techniques, on-scene evidence collection, increasing suspect arrests, and
addressing crime problems in multi-family housing; and
WHEREAS, the Chula Vista Police Department's Residential Burglary Study found six
areas where changes could be made to reduce the number of residential burglaries in
Chula Vista; and
WHEREAS, a partnership between the Chula Vista Police Department and the
Development Community developed solutions to the six areas identified in the study.
NOW, THEREFORE, in consideration of the above recitals, the mutual obligations set
forth herein, the City and Development Community do hereby mutually agree as follows:
As a problem-solving research team, the City and the Development Community have
developed solutions to six problems identified by the Chula Vista Police Department's
Residential Burglary Study and have agreed to implement the following changes in all
new homes built:
1. Problem: One of the major findings of the Residential Burglary Study was
the ease with which burglars pried open windows by defeating simple stock
latches.
Solution: Development Community agrees to install only sliding windows
that have met American Architectural Manufactures Association (AAMA) Forced
Entry Resistance standards, as evidenced by an AAMA certification label on the
window.
cJ i-S-
2. Problem: A favorite target of burglars interviewed in the study was the
usually well hidden side garage service doors that do not have deadbolt locks
installed.
Solution: Development Community agrees to install deadbolt locks as
standard equipment on all new home side garage service doors.
3. Problem: Burglars were able to easily pry open sliding glass doors, even
when latched properly, that were not fitted with track or channel locks.
Solution: Development Community agrees to install track or channel locks
as standard equipment with all sliding glass doors. An after-market product is
sufficient, if provided to the homeowner at the time of sale.
4. Problem: Overgrown shrubbery and trees were a factor in 93% of the
residential burglaries. Overgrowth gives burglars the privacy and time necessary
to find a point of entry. Inappropriate plant selection and placement by unwary
new homebuyers can create this dangerous condition in just a few years.
Solution: Development Community agrees to incorporate anti-burglary
landscape design features into at least one model home in each new community.
Solution The Chula Vista Police Department and the Development
Community will produce a brochure presenting anti-burglary landscape ideas,
which the Development Community will provide to new homeowners at the point
of sale.
5. Problem: Many new homeowners desire education regarding residential
burglary prevention.
Solution: The Chula Vista Police Department and the Development
Community will produce a brochure presenting crime prevention techniques and
resources.
Solution: The Development Community will provide the brochure to new
homeowners at the point of sale.
6. Problem: Although Neighborhood Watch can be a highly effective tool in
preventing residential burglaries, it can be difficult to establish and maintain. The
study showed that burglars look for signs the program is either missing or is not
being maintained.
Solution: The Development Community agrees to task the Homeowner's
Association with initiating and maintaining Neighborhood Watch in the new
community. The Homeowner's Association shall provide a meeting place,
c1i-~
distribute information about the program, encourage participation in the program,
and obtain speakers and materials for the Neighborhood Watch Program.
IN WITNESS WHEREOF, City and Development Community have executed this
AGREEMENT thereby indicating they have read and understood same, and indicate their
full and complete consent to its terms:
Dated: . 1999
City ofChula Vista Ayres Land Company
Dated:
By:
Shirley Horton, Mayor
The EastLake Company
Approved as to form:
Dated:
John M. Kaheny
City Attorney
Fieldstone Communities, Inc.
Dated:
The Corky McMillin Companies
Dated:
The Otay Ranch Company
Dated:
Pacific Bay Homes
Dated:
021 - ?
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~~~~
~~~"'-
ellY OF
CHUIA VISTA
POLICE DEPARTMENT
ATTACHMENT 2
A Study ., Slleclld Aspects 01
liliiii'
in the
Imlf--.& .TI
1991-1998
~ EXECUTIVE SUMMARY ~
Richard P. Emerson, Chief of Police
Det. Daniel Hardman, Project Manager
Catherine Burciaga, Project Research Analyst
Marty Chase, Project Consultant
SANDAG Criminal Justice Division, Project Evaluator
.1 Lj- fS
276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910
@Po.t.ConsumerReCyCledPap'"
PROBLEM-SOLVING PARTNERSHIP (COPSfPSP)
RESIDENTIAL BURGLARY STUDY
Executive SummarY
Community Growth
The City of Chula Vista plans to increase its number of new households by sixty-five percent
before the year 2015, with more than half ofthat growth projected to take place within the next
seven years. With an eye toward protecting both new households and our existing citizens from
residential burglary in the coming years, a government grant to study the problem was requested by
the Chula Vista Police Department and awarded late last year.
Scope of the Study
The study is composed ofthree investigative phases: Phase I identification and Analysis of
the problem, Phase II Response to the problem, and Phase III Assessment of the study's success.
The initial goal of Phase I was to (1) identify specific factors responsible for residential
burglary in our community. The study was later expanded to include two additional goals:
(2) to describe the unique problems associated with crime in multi-family housing and (3) to obtain
evidence to determine the feasibility of a modestly-enhanced Crime Lab operation capable of
facilitating more suspect arrests.
Phase II ofthe study answered those findings with appropriate interventions or
"Responses". First, we planned to develop with our problem-solving partners - the New Housing
Development and Building Industry - an array of solid, practical solutions that are expected to
result in both short and long term reductions in burglary rates in new single family housing.
Second, we plan to implement a program which has been shown to target and reduce crime in
multi-fumi1y housing. Third, the grant will temporarily support an additional experienced half-time
latent print examiner.
During Phase III of the study, we will conduct various Assessments together with our
evaluator, SANDAG. Process evaluations will assess the extent to which our interventions are
being implemented and are working smoothly. We will also conduct a limited outcome evaluation
to measure the increase in Crime Lab output and suspect arrests.
cl if, I
(Chula Vista Police Department COPSfPSP. Revised 1/29/99)
PHASE I
ANALYSIS OF THE PROBLEM
While the residential burglary situation in Chula Vista requires continuing serious attention,
the picture is more favorable than first thought. After years of rising residential burglary rates, the
trend took a favorable downward turn after 1992. Since then, the number of burglaries has slowly
continued to decline; however, the rate is still felt to be unacceptably high in our community.
Nearly 1,000 Chula Vista families are still victimized through residential burglary each year.
Single Family Housing
Between January 1, 1997 and February 28, 1998, 569 single-detached home burglaries of all
types were investigated by the Chula Vista Police Department and were the subject of this study.
Certain burglary types, such as open garage thefts, were more characteristic of the newer
geographic areas east ofInterstate 805, but the majority of problems we identified were found to
some extent in all areas.
With the exception of household income, the majority of victim characteristics were also
similar across geographic areas. The typical victim is white, age 40-64 years, with a household
income in the $40-65,000 range, a homeowner rather than a renter, and has sustained losses of up
to $5,000 worth of personal property in the burglary.
Burglars preferred conducting their activities on weekdays during daylight hours
presumably when residents were away at work. They attacked the most well-hidden points of
entry, choosing a rear or side door or window 65% of the time, often aided by unwitting
homeowners who provided them with the privacy of solid fencing and thickly overgrown shrubbery.
The burglar's selection process also took target vulnerability into account. Windows through which
they entered were either latched with only a standard mechanism with no lock, or were of the
single-pane type, or had been left open or unlocked. Defeated doors typically had no deadbolt lock
or, in a few cases, had been left unlocked. Standard latches on sliding glass doors were easily
defeated by prying. Burglars attained entry in other ways less than 1 % of the time. Compared with
homes where burglars tried but were unable to gain entry, burglarized homes had consistently fewer
deterrents in almost every category we examined, including window locks and deadbolt locks. To
add insult to injury, burglars also ransacked or vandalized at least 25% of the homes.
Following a burglary, 76% of victims made at least one security improvement to their
homes, including various window and door locks, iron bars and an assortment of lighting additions
such as outdoor motion detectors.
Multi-Family Housing
The unique underlying set of causative factors associated with crime in multi-family housing,
required that it be dealt with separately in our study. Multi-family housing accounted for forty-
three percent (43%) of residential burglaries during the study period. Unlike single-family homes,
multi-family housing was often targeted repeatedly (4% versus 26%). In addition, we found that
multi-family housing generated a disproportionately large volume of calls for service from all types
of crime. Forty-four (44) apartment complexes alone accounted for 3,172 calls for service during
one 7 Yz-month study period.
JLj~/{)
(Chula Visla Police Department. COPS/PSP, Revised 1/29/99)
A degenerating process of owner neglect, deterioration and undesirable tenants, inevitably
results in further decline of the property and the neighborhood. Vulnerable buildings are then more
likely to attract those who would conduct illegal operations out of the property and even victimize
neighbors who remain, thereby increasing calls for service.
Crime Laboratory
Early in the study, it was detennined that two issues related to the gathering and processing
of residential burglary fingerprint evidence were in need of improvement:
1. Adequate amounts of fingerprint evidence must be processed on a timelv basis. to
increase the case clearance rate. By January I, 1998, the fingerprint evidence processing rate! was
only 26.4%, a significant decrease from previous years. The Crime Lab had continued to employ a
sole Latent Print Examiner while the volume of requests had increased due to City growth and the
greater number of Police Department personnel requesting Crime Lab services. In addition, by
January 1, 1998 the Crime Lab's median turnaround time had slowed to 30-35 days to process a
piece of evidence from receipt ofthe work request to finaI entry into CAL-ID or another finaI
outcome. This occurred because the only Latent Print Examiner currently on staffhad become fully
involved with evidence from a double homicide. The 30-day turnaround quickly doubled to over 60
days and would require months to catch up at existing staffing levels. Unfortunately, this is not an
unusual event. While cases requiring more than 30 days have typically been property crime cases,
other complex high-priority cases such as homicide do occur several times a year, causing backlogs
and delays in investigating burglaries and all other crime.
In addition to latent print examinations, CAL-ID entries and evidence processing, the
Latent Print Examiner is responsible for photography assignments and crime scene investigations.
This has left little time for proactive work such as investigating outstanding cases from backlog.
Existing personnel resources to handle the workload as of 1/1/98 consisted of one full time
Latent Print Examiner. It is likely that the lower-than-desired number of matches is a partial result
of insufficient staffing. This is unfortunate since the sooner an arrest is made, the fewer
opportunities a career burglar has to commit additional burglaries. Latent prints are the key to
catching burglars and successfully prosecuting them. Making more matches and making them in a
timely fashion is essential to the project's goal ofreducing the burglary rate in Chula Vista.
2. Good Qualitv fingerprint evidence must be collected, to increase the likelihood that it
will be useable. It could be hypothesized that the lower-than-desired number of print matches,
described above, was the partial result of data gathering methods that were inconsistently or
improperly applied by officers. Latent prints that have been obtained improperly are more difficult
(and time-consuming) to evaluate, less likely to result in successful print identifications and, hence,
almost certainly contribute to a lower hit rate. Such a condition might be attributable to trainingodeficits. To detennine if this was the case, we measured officers' existing levels oftechnical
knowledge and found that they were only able to answer an average of 6.6 out of 10 questions
correctly.
The average percent of cases in which latent print comparisons were performed
(Chula Vista Police Department. COPSiPSP, Revised 1/29/99)
,)tj-//
Police Department Resources & Methods: In some of the more newly-developed areas
of Chula Vista, police response time may have been hampered by the large geographic area
assigned to each police beat. When a burglary call is received in areas east ofInterstate 805, for
example, the officer may be dispatched to a location many miles distant. But despite thinly-
stretched coverage across police beats, victims reported that, overall, an officer arrived on the scene
in less than 60 minutes.
Some officers are applying principles of Problem-Oriented Policing to identify problem hot
spots on their beats and have expressed a desire to address the multi-family housing crime problem,
in particular, more comprehensively.
Crime prevention activities have waned somewhat in recent years with reductions in funding
support, but aspects of the program are still being maintained part-time by a single experienced
community service officer. It is in these latter two areas that the greatest cost savings to the City
could be realized.
PHASE II
RESPONSE TO THE PROBLEM
In the Analysis Phase, several problem elements associated with residential burglary and
related evidence processing were identified. Our planned responses to each of these problems have
been proactive.
1. Residential Burglary Grant staff developed and implemented a program of burglary prevention
that will directly benefit the large number of new single-family homes currently planned
for construction in Chula Vista'. Developers' problem-solving commitments were compiled
into a Letter of Agreement. In it, developers agreed to make such modifications as
additional door locks and windows that meet forced entry standards. They further agreed to
provide new homeowners with crime prevention brochures co-produced with the Police
Department. This response is effective February 16, 1999, although a few builders have
already begun to make the changes.
2. Residential Burglary Grant staff modified a comprehensive program which targets the special
problems associated with multi-family housing. The Crime Free Multi-Housing Program
involves a coalition of police and other City service providers, property managers and
residents of rental properties. Where implemented, the program has resulted in large,
significant reductions in crime from all causes and calls for service. Implementation of the
program included creating and 4-year funding for a full-time Coordinator position,
purchasing computer equipment, software and other materials, and formal training for Crime
Free staff. This response is effective March 31, 1999, although at least one major property
has voluntarily adopted the program's principles and will, thus be among the first to be
Crime Free certified by the Police Department.
2We are hopeful that a similar program of prevention - modified for existing homes ~ can be developed and
implemented in the very near future.
(Chula Vista Police Department, COPSIPSP, Revised 1/29/99)
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3. Residential Burglary Grant staff addressed the evidence processing problem with two planned
interventions. First, grant funds were used to add a Half-Time Latent Print Examiner to
Crime Lab staff for 1998, to improve the volume and processing time of latent print
comparisons and other evidence processing. Second, officers were trained in fingerprint
evidence collection techniques, to improve the quality of incoming prints and thereby
increasing the proportion of useable fingerprint evidence and suspect identifications.
PHASE III
ASSESSMENT OF RESPONSES
To determine whether burglaries are reduced as a direct result of the study's interventions,
the incidence rate must be tracked by Police over several years' time. But within the grant's one-
year study period, it was not possible to directly measure long-term results. It was possible,
however, to measure the goal's component parts and from these short-term measures, calculate a
good approximation oflong-term success. For example, residential burglaries were reduced by
10.5% in 1998, from 879 to 787. While it was not possible to directly attribute the reduction to our
interventions, we can certainly be optimistic about the impact of several highly-successful
intermediate outcomes.
Temporary Half-Time Latent Print Examiner
It is in this area that the study achieved immediate and stunning results. Although the
Crime Lab received about the same number of work requests for 1997 and 1998, significant
improvements were achieved in 1998 with the addition of a half-time Latent Print Examiner.
The Lab:
. performed 58.8% more latent print comparisons,
. entered 50.4% more prints into CAL-ID,
. which generated an improvement of 106.3% in print matches, or "hits", for
the year,
. processed 144% more cases from its backlog than in 1997, and
. reduced its processing time by at least 53.3%.
Ultimately, investigators were able to:
. file 290% more burglary cases with the District Attorney's Office, and
. solve 271.4% more burglary cases (due to CAL-ID hits) than they did the
previous year.
More arrests result in fewer opportunities for the career burglar to commit additional
burglaries. Within a 60-day window, a single active burglar can commit 30-60 burglaries before
finally being identified through latent print matching for prosecution by the District Attorney.
Clearly, making more matches and making them in a timely fashion was essential to the project's
goal of reducing the burglary rate in Chula Vista.
(ehula Vista Policc Department copstPSP. Revised 1/29199)
d tj ~ /;I
Effect of Officer Training on Quality of Evidence
After viewing the latent print training video, officers were tested a second time using the
same survey instrument. Their average score improved from 6.6 to 8.1 out often questions
answered correctly, demonstrating short term gains in knowledge of evidence gathering procedures.
As a possible result of this training, the Lab was able to enter 50.4% more useable prints into CAL-
m in 1998.
Single Family Home Developers as Problem-Solving Partners
Success in this area was achieved through the attainment of several intermediate goals
during the study period.
I. We obtained agreement from developers and builders to meet and work with the Police
Department in a problem-solving effort.
2. Developers generated innovative ideas in response to the problems we identified during
the study.
3. We co-developed a list of concrete, quantifiable changes to new home construction and
landscape (described in the Developer Agreement).
4. We obtained developer and builder agreements to implement those changes into new
homes during their next round of construction.
5. We co-developed two (2) public education brochures that developers have agreed to
give to new homeowners at point of sale. At this time, at least one builder has voluntarily begun to
implement several of the crime prevention changes ahead of schedule.
Crime Free Multi-Housing Program
As yet, it has not been possible to observe any results from the program. As ofthis writing,
the program is awaiting implementation in Chula Vista. Interviews are underway for the Program
Coordinator position, computer equipment and software is on order and manuals and other
materials are undergoing modification and will be distributed to the first class of property managers
and owners. This is expected to take place before April I, 1999.
However, the program has already achieved significant success in obtaining the support of
several City departments, including Community Development Housing Division which has adopted
a policy requiring Crime Free implementation to accompany multi-family housing rehabilitation
projects. As a consequence, the program has already been tentatively adopted by a particularly
troublesome apartment complex currently preparing for rehabilitation.
CONCLUSION
Ultimately, burglary reduction is the single outcome most desired by citizens and community
leaders. Given our interventions, we are confident of eventual achievement. In Chula Vista's new
single family homes and multi-family housing, the interventions directly target a number of areas
where homeowners and renters have been vulnerable in the past. Moreover, the changes are
designed to be effective immediately and over the long term.
It is strongly believed the momentum initiated from this grant's programs and agreements
will continue to effectively support Chula Vista's long term goal of reducing residential burglaries.
..J.. Lj --J t./ (Chula Vista Police Dl.'partment, COPSiPSP, Revised 1/29/99)
Research conducted under Grant #97PRWX0564, ORI# CA03702
Awarded by the U. S. Department of Justice
Office of Community Policing Services / Problem Solving Partnerships
Contact Det. Daniel Hardman for reprints or information, (619) 691-5059
2. y" - / f(ChUla Vista Police Department, COPS/PSP, Revised 1/29(99)
RESOLUTION NO.
153'):(
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE PROBLEM-
SOL VING PARTNERSHIP AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND AYRES LAND
COMPANY, THE EASTLAKE COMPANY,
FIELDSTONE COMMUNITIES, INC., THE CORKY
MCMILLIN COMPANIES, THE OT A Y RANCH
COMPANY, AND P ACIFIC BAY HOMES
("DEVELOPMENT COMMUNITY")
WHEREAS, on November 18,1997, the City Council approved the acceptance of
funds from the US Department of Justice for a COPS Problem-Solving Partnership
Study; and
WHERAS, this study has focused on improving new home safety, improving on-
scene evidence collection, increasing suspect arrests, and addressing crime problems
occurring in multi-family housing; and
WHEREAS, through the study the Police Department identified several factors
associated with single-family residential burglary in Chula Vista; and
WHEREAS, the study found burglars were able to pry open windows by
defeating simple latches currently installed in new homes, and to address this the
development community has agreed to install only windows that have met AAMA
Forced Entry Resistance standards; and
WHEREAS, the study found a favorite target of burglars was the non-deadbolted
side garage service doors and to address this the development community has agreed to
install deadbolt locks as standard equipment on all new home side garage service doors;
and
WHEREAS, the study found it is more difficult to gain entry through sliding glass
doors fitted with track or channel locks and to address this the development community
has agreed to include track or channel locks as standard equipment with all sliding glass
doors; and
WHEREAS, the study found overgrown shrubbery and trees were a factor in 93%
of our residential burglaries, and to address this the development community has agreed
to incorporate anti-burglary landscape features into at least one model home in each new
community and, in conjunction with the Chula Vista Police Department, to provide a
publication that presents anti-burglary landscape ideas to new homeowners; and
J rA -;
WHEREAS, the study found the majority of homeowners want to know more
about residential burglary prevention and to address this the development community has
committed to working with the Chula Vista Police Department to provide a public
education brochure outlining crime prevention techniques and to distribute the brochure
to all new homeowners; and
WHEREAS, the study found Neighborhood Watch is effective at preventing
residential burglaries but Can be difficult to establish and maintain, the development
community has agreed to task the Homeowner's Associations with the initiation and
maintenance of Neighborhood Watch in the new communities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Problem-Solving Partnership Agreement by and
between the City ofChula Vista and Ayres Land Company, The EastLake Company,
Fieldstone Communities, Inc, The Corky McMillin Companies, The Otay Ranch
Company, Pacific Bay Homes, a copy of which shall be kept on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is
hereby authorized and directed to execute said Agreement for and on behalf of the City of
Chula Vista.
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
~~~JW/~
City Attorney
H:\home\attomey\probsolv _reso.doc
;21/J ~ .J-
ATTAClU1ENT 1
PROBLEM SOL VING PART:\ERSHIP AGREEMENT
BY AND BETWEEN THE CITY OF CHULA VISTA
AND AYRES LAND COMPANY, THE EASTLAKE
COMPANY, FIELDSTONE COMMUNITIES, INC.,
THE CORKY MCMILLIN CO\fPANIES, THE OTA Y
RANCH COMPANY, AND PACIFIC BAY HOMES
This PROBLEM SOLVING PARTNERSHIP AGREEMENT is entered into effective as
of February ~, 1999, by and between the CITY OF CHULA VISTA, a chartered
municipal corporation ("City") and AYRES LAND COMPANY, THE EASTLAKE
COMPANY, FIELDSTONE COMMUNITIES, INC., THE CORKY McMILLIN
COMP ANIES, THE OT A Y RANCH COMPANY, AND PACIFIC BAY HOMES
("DEVELOPMENT COMMUNITY") with reference to the following facts:
Recitals
WHEREAS, the Chula Vista Police Department received a grant from the United States
Department of Justice for a COPS Problem-Solving Partnership Study; and
WH EREAS, the study focused on improving new home safety and security through
crime prevention techniques, on-scene evidence collection, increasing suspect arrests, and
addressing crime problems in multi-family housing; and
WHEREAS, the Chula Vista Police Department's Residential Burglary Study found six
areas where changes could be made to reduce the number of residential burglaries in
Chula Vista; and
WHEREAS, a pat'tnership between the Chula Vista Police Department and the
Development Community developed solutions to the six areas identified in the study.
NOW, THEREFORE, in consideration of the above recitals, the mutual obligations set
forth herein, the City and Development Community do hereby mutually agree as follows:
As a problem-solving research team, the City and the Development Community have
developed solutions to six problems identified by the Chula Vista Police Department's
Residential Burglary Study and have agreed to implement the following changes in all
new homes built:
1. Problem: One of the major findings of the Residential Burglary Study was
the ease with which burglars pried open windows by defeating simple stock
latches.
Solution: Development Community agrees to install only sliding windows
that have met American Architectural Manufactures Association (AAMA) Forced
Entry Resistance standards, as evidenced by an AAMA certi fication label on the
window.
d-1/! <3
2. Problem: A favorite target of burglars interviewed in the study was the
usually well hidden side garage service doors that do not have deadbolt locks
installed.
Solution: Development Community agrees to install deadbolt locks as
standard equipment on all new home side garage service doors.
3. Problem: Burglars were able to easily pry open sliding glass doors, even
when latched properly, that were not fitted with track or channel locks.
Solution: Development Community agrees to install track or channel locks
as standard equipment with all sliding glass doors. An after-market product is
sufficient, if provided to the homeowner at the time of sale.
4. Problem: Overgrown shrubbery and trees were a factor in 93% of the
residential burglaries. Overgrowth gives burglars the privacy and time necessary
to find a point of entry. Inappropriate plant selection and placement by unwary
new homebuyers can create this dangerous condition injust a few years.
Solution: Development Community agrees to incorporate anti-burglary
landscape design features into at least one model home in each new community.
Solution The Chula Vista Police Department and the Development
Community will produce a brochure presenting anti-burglary landscape ideas,
which the Development Community will provide to new homeowners at the point
of sale.
5. Problem: Many new homeowners desire education regarding residential
burglary prevention.
Solution: The Chula Vista Police Department and the Development
Community will produce a brochure presenting crime prevention techniques and
resources.
Solution: The Development Community will provide the brochure to new
homeowners at the point of sale.
G. Problem: Although Neighborhood Watch can be a highly effective tool in
preventing residential burglaries, it can be difficult to establish and maintain. The
study showed that burglars look for signs the program is either missing or is not
being maintained.
Solution: The Development Community agrees to task the Homeowner's
Association with initiating and maintaining Neighborhood Watch in the new
community. The Homeowner's Association shall provide a meeting place,
elf/! ~ f
distribute infomlation about the program, encourage participation in the program.
and obtain speakers and materials for the Neighborhood Watch Program.
IN WITNESS WHEREOF, City and Development Community have executed this
AGREEMENT thereby indicating they have read and understood same. and indicate their
full and complete consent to its temlS:
Dated , 1999
City ofChula Vista Ayres Land Company
Dated:
By:
Shirley Horton, Mayor
The EastLake Company
Approved as to fom1:
Dated:
John M. Kaheny
City Attorney
Fieldstone Communities, Inc.
Dated:
The Corky McMillin Companies
Dated:
The Otay Ranch Company
Dated:
Pacific Bay Homes
Dated:
~1/J~;
RESOLUTION NO.
/9737
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ADDITION OF ONE
PERMANENT HALF-TIME EQUIVELANT LATENT PRINT
EXAMINER POSITION AND APPROPRIATING FUNDS
WHEREAS, on November 18, 1997, the City Council approved the acceptance offunds
from the US Department of Justice for a COPS Problem-Solving Partnership Study; and
WHEREAS, this study has focused on improving new home safety, improving on-scene
evidence collection, increasing suspect arrests, and addressing crime problems occurring in multi-
family housing; and
WHEREAS, with grant funds the Police Department was able to hire a half-time latent
print examiner; and
WHEREAS, the addition of that latent print examiner has resulted in a 25% increase in
the number of cases in which latent print comparisons were performed, 50% increase in the prints
entered into the California Identification System, and the crime lab was able to process 144%
more backlog cases; and
WHEREAS, the average processing time was reduced from 30-35 days to 7-14 days; and
WHEREAS, a 106% increase in the number of successful print matches were made in
1998 resulting in the identification of 38 burglary suspects; and
WHEREAS, the half-time Latent Print Examiner played a key role in solving two other
major criminal cases including one involving a burglary suspect who eventually pled guilty to the
attempted murder of a Chula Vista police officer.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
Vista does hereby approve the addition of one half-time Latent Print Examiner.
BE IT FURTHER RESOLVED that the amount of$10,792 is hereby transferred from the
Public Facilities Development Impact Fees-Police Component to the General Fund and
appropriated from the General Fund for salary and related benefits into Account 100-1031-5101.
Presented by
Approved as to form by
1./
Richard P. Emerson
Chief of Police
H :\HOME\ATTOR:-JEY\PRINTEXA\11N ER. RESO
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