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Home My WebLink AboutAgenda Packet 2006/02/14 I declare under penalty of perjury that I arq,. \ , f employed by the City of Chula Vista in t~ '\, '-t- fflce of the City Clerk and that I poste~ ument on the bulletin board accordl~~ ~~ n Act requirements. - 1"li{"OlY OF . . Zc/D[(,'___s'rnnrlQI€I4<LJeHULA VISTA ~C1t Stephen C. Patricia E. Chavez, Councilmember John !\.1cCann, Councilmember Jerry R. Rindone, Councilmember Steve Castaneda, Council member Padilla, Mayor David D. Rowlands, Jr., City rv\anager Ann Moore, City Attorney Susan Bigelow, City Clerk February 14,2006 6:00P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Lynda Gilgun, Resource Conservation Commission Eloy Ledesma, Youth Advisory Commission Aurora Cudal, Housing Advisory Commission Nancy Batterman, Housing Advisory Commission Earl Jentz, Housing Advisory Commission . RECOGNITION BY COUNCILMEMBER RINDONE OF BOY SCOUT TROOP 800 (LED BY SCOUTMASTER JOHN JOHNSON AND SENIOR PATROL LEADER ALEX JOHNSON, AND SPONSORED BY THE ST. ROSE OF LIMA CHURCH) FOR THEIR WORK ON THE CITIZENSHIP IN THE COMMUNITY MERIT BADGE . PRESENTATION BY THE ENVIRONMENTAL HEALTH COALITION OF A CERTIFICATE OF APPRECIATION TO THE CITY OF CHULA VISTA FOR ENVIRONMENTAL JUSTICE . PRESENTATION BY DR. CYNTHIA BURKE, DIRECTOR OF CRIMINAL JUSTICE RESEARCH, SAN DIEGO ASSOCIATION OF GOVERNMENTS, OF THE POLICE DEPARTMENT'S FOURTH RESIDENT OPINION SURVEY RESULTS . DID YOU KNOW...ABOUT GIVING FROM THE HEART FOR THE 2005 WORKPLACE GIVING CAMPAIGN? Presented by Roderick 1. Reinhart, Manager Arts & Culture and Fund Development. CONSENT CALENDAR (Items I through 12) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items. please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT AGREEMENT AND CONDITIONS PRECEDENT TO DISBURSEMENT WITH THE STATE OF CALIFORNIA COASTAL CONSERVANCY FOR THE CONSTRUCTION OF A GREEN SEA TURTLE EXHIBIT AT THE CHULA VISTA NATURE CENTER; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT At the December 20, 2005 meeting, the City Council approved the project to renovate the main building exhibits at the Nature Center (CIP Project GG-175). The California State Coastal Conservancy is one of the organizations supporting this project through grant funds, which require the execution of a related agreement prior to disbursement. (Nature Center Director) Staff recommendation: Council adopt the resolution. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $6,320 FOR EXPENDITURES ASSOCIATED WITH THE LITERACY PROGRAM (4/5THS VOTE REQUIRED) The California Department of Education recently notified the Chula Vista Literacy Team of a one-time augmentation in the amount of $4,000 in Workforce Investment Act (WIA) 231 Grant funds for Fiscal Year 2006. In addition, the Literacy Team was notified of a one-time augmentation to the Fiscal Year 2006 California State Library's Matching Funds Grant in the amount of $2,320. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE BANNER PROJECT ON PORT TIDELANDS AND APPROPRIATING FUNDS INTO THE LIBRARY DEPARTMENT BUDGET (4/5THS VOTE REQUIRED) In July 2005, the Office of Cultural Arts and the Cultural Arts Commission were notified by the Chula Vista Mayor's appointed representative to the Port's Public Art Committee that Port grant funds were available for the creation and installation of original art street banners as way-finding and welcoming elements to the Chula Vista Bayfront. The project was adopted by the Office of Cultural Arts with the selection of Artists' designs assigned to the Cultural Arts Commission's Public Art Sub-Committee. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda http://www .ch ula vistaca. gOY February 14,2006 4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED DONATION REVENUE IN THE AMOUNT OF $18,027.47 (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 LIBRARY GRANT FUND BUDGET BY APPROPRIATING A) UNANTICIPATED ONE-TIME GRANT REVENUE IN THE AMOUNT OF $14,782 FROM THE PUBLIC LIBRARY FUND FOR THE PURCHASE OF LIBRARY MATERIALS; AND B) A ONE-TIME GRANT AWARD FROM THE PUBLIC LIBRARY STAFF EDUCATION PROGRAM IN THE AMOUNT OF $2,129 (4/5THS VOTE REQUIRED) Since July I, 2005, the Library Department has received donations from various organizations and individuals for the purchase of new books to add to the Library's collection. In January 2006, the California State Library notified the Library of a one- time augmentation to the Public Library Fund grant in the amount of $14,782. Additionally, a library employee was awarded tuition reimbursement funds from the Public Library Staff Education program and these funds must be administered by the Library. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH MCMILLIN OTAY RANCH, LLC TO PROVIDE FOR THE CONSTRUCTION, LIMITED USE, MAINTENANCE AND DEMOLITION OF A TEMPORARY SEWER MAIN WITHIN EASTLAKE PARKWAY AND HUNTE PARKWAY The developer of the northerly portion of the proposed Eastern Urban Center, McMillin Otay Ranch, LLC, proposes to install a temporary sewer line from the project to the Salt Creek Sewer Main within Eastlake and Hunte Parkway prior to the final surfacing of the roadways. The ultimate sewer alignment for the Eastern Urban Center will be along Rock Mountain Road. The proposed agreement sets forth the conditions and requirements of the developer for the construction, use, maintenance and demolition of the temporary sewer line. (City Engineer) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEED GRANTING EASEMENTS TO SAN DIEGO GAS & ELECTRIC AS NECESSARY FOR THE COMPLETION OF COUNTY OF SAN DIEGO UNDERGROUND UTILITY DISTRICT 96 Page 3 - Council Agenda http://wwv.,' . chula vistaca. gOY February 14,2006 Adoption of the resolution authorizes the execution of a deed granting easements for electric facilities over a portion of the Chula Vista Municipal Golf Course (City owned land) to San Diego Gas & Electric Company as required for conversion from overhead to underground of the utilities along Bonita Road from Otay Lakes Road to east of the Bonita Christian Center (Underground Utility District 96). (City Engineer) Staffrecommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE TRAFFIC SIGNAL MODIFICATION AT THE INTERSECTIONS OF BONITA ROAD/ALLEN SCHOOL ROAD AND FIFTH A VENUE/L STREET (PROJECT TF-317) TO 'I' & M ELECTRIC DBA PERRY ELECTRIC, AND TRANSFERRING FUNDS THEREFOR (4/5THS VOTE REQUIRED) These traffic signal modifications were approved and budgeted as part of the Fiscal Year 2005 Capital Improvement Programs (TF-317). Adoption of the resolution accepts the bids, awards the contract for construction, and approves transferring funds to this project from the Traffic Signal Left Turn Modification Program (project TF-337) in the amount of $23,351. (City Engineer) Staff recommendation: Council adopt the resolution. 8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A 24-FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT OVER Crn-OWNED PROPERTY TO THE BALLOW FAMILY TRUST (10-23-90), OWNER OF TWO LANDLOCKED PARCELS LOCATED NORTH OF THE INTERSECTION OF FIRST A VENUE AND D STREET The City received a request for an easement to access a landlocked parcel located north of the intersection of First Avenue and D Street. The application was submitted by Ms. Sherry Waite, agent for the Ballow Family Trust. This parcel is adjacent to two parcels for which the City granted a similar easement to in July of this year. Before this property can be developed it must have legal access to a public street in the form of a private access and utility easement over the adjacent property owned by the City. (City Engineer) Staff recommendation: Council adopt the resolution. 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM SANDAG'S PILOT SMART GROWTH INCENTIVE PROGRAM; AND AMENDING THE FISCAL YEAR 2006 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $375,000 IN MATCHING FUNDS FOR THE PALOMAR GATEWAY COMMUNITY TRANSIT FOCUS AREA PROJECT (4/5THS VOTE REQUIRED) Page 4 - Council Agenda http://www .ch ulavistaca. gOY February 14,2006 The City was awarded a $2,000,000 grant from the San Diego Association of Governments (SANDAG) Pilot Smart GrO\vth Incentive Program to enhance the Palomar Gateway District streetscape at Palomar Street and Industrial Boulevard. The grant funds will become available upon execution of a contract with CalTrans; however, staff is prepared to proceed with preliminary project activities, which can be funded with $375,000 in available matching funds. The matching funds were committed to the project by Council on June 14, 2005. (Planning & Building Director, City Engineer, General Services Director) Staffrecol11111cndation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005/2006 BUDGET BY APPROPRIATING $595,000 IN THE FLEET MANAGEMENT FUND FOR FUEL PRICE INCREASES BASED ON A V AILABLE RESERVES IN THE FLEET MANAGEMENT FUND; AND APPROPRIATING $215,000 IN THE TRANSIT FUND TO REIMBURSE THE FLEET MANAGEMENT FUND FOR CNG FUEL PRICE INCREASES (4/5THS VOTE REQUIRED) Due to sharp fuel price increases during the SUl11111er, combined with the Gulf States' flooding and damage to oil production from Hurricanes Katrina and Rita, Central Garage is returning to Council for a budget adjustment, as fuel prices have increased substantially over the amounts that were budgeted. (Public Works Operations Director) Staff recol11111endation: Council adopt the resolution. I!. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN UNCONTROLLED EMBANKMENT (TEMPORARY DIRT STOCKPILE) AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE OTA Y RANCH COMPANY, AND MCMILLIN LAND. DEVELOPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution approves an agreement between the City of Chula Vista, McMillan Land Development, and the Otay Ranch Company that allows McMillan Land Development to deposit soil on property owned by the Otay Ranch Company. This work is to be done in preparation for the Otay Ranch Town Center shopping center, and to construct an access road from Olympic Parkway. Per the Chula Vista Municipal Code, this is considered an "uncontrolled" embankment and an agreement is required prior to soil being deposited to address the future maintenance of the embankment as well as development of the site where the embankment will be located. (City Engineer) Staff recommendation: Council adopt the resolution. 12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION IN SAID CITY ON TUESDAY, JUNE 6, 2006, FOR THE ELECTION OF A MAYOR AND TWO MEMBERS OF THE CITY COUNCIL, AS REQUIRED BY THE PROVISIONS OF THE CHULA VISTA CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CONDUCT OF ELECTIONS Page 5 - Council Agenda http://www . chula vistaca. gOY February 14,2006 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 6, 2006 The purpose of the June 6, 2006 General Municipal Election is to select a Mayor and two Members of the City Council to fill Seats I and 2 for full terms consisting of four years, commencing December 2006. The proposed resolutions are required to give notice of the election and adopt regulations for candidates. (City Clerk) Staff recommendation: Council adopt the resolutions. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons "peaking during Public Comments may address the Council On any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please Jill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 13. CONSIDERATION OF APPROVAL OF A MASTER LICENSE AGREEMENT FOR THE INSTALLATION AND OPERATION OF UP TO 35 WIRELESS TELECOMMUNICATIONS FACILITIES ON CITY-OWNED PROPERTY Adoption of the resolution approves a Master License that establishes terms between the City and Cricket Communications, Inc. for thc installation of up to 35 Wireless Telecommunications Facilities within Chula Vista on City-owned property and/or City right-of-way, subject to approval of the Zoning Administrator, after review by the appropriate City departments, and appeal to the City Manager's office when necessary. (Conservation and Environmental Services Manager) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MASTER LICENSE AGREEMENT WITH CRICKET COMMUNICATIONS, INC. FOR THE INSTALLATION AND OPERATION OF UP TO 35 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALL Y SIMILAR FACILITIES ON CITY-OWNED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR UP TO FIVE ADDITIONAL FIVE- YEAR TERlVlS Page 6 - Council Agenda http://www . chula v istaca. gOY February 14,2006 14. CONSIDERATION OF A REVISED CONCEPTUAL FINANCING PLAN FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS IN WESTERN CHULA VISTA AND AUTHORIZATION FOR STAFF TO PREPARE AND SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT SECTION 108 LOAN TO PAY FOR A PORTION OF THESE IMPROVEMENTS In June 2003, the Council adopted a conceptual financing plan for various capital improvements in Western Chula Vista. The significant component of this plan was the seeking and receipt of a loan from the United States Department of Housing and Urban Development (HUD) as part of its Community Development Block Grant (CDBG) Section 108 Loan program. Over the past two years, staff has worked with HUD staff to rectify issues in the City's CDBG program and is now in a position to apply for this loan. Due to the time that has elapsed while these efforts were undertaken, significant changes have occurred in the interest rate environment as well as the construction cost market. The revised plan addresses Council's stated infrastructure objectives and retains a comparable level of debt to the initial plan. (General Services Director, Finance Director, Community Development Director) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A REVISED CONCEPTUAL FINANCING PLAN FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS IN WESTERN CHULA VISTA AND AUTHORIZING STAFF TO PREPARE AND SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT SECTION 108 LOAN TO PAY FOR A PORTION OF THESE IMPROVEMENTS 15. REPORT ESTABLISHING SCHEDULE FOR COUNCIL WORKSHOPS This report addresses recent Council discussion about establishing a regular schedule for Council workshops. (City Manager) Staff recommendation: Council I) Establish the first Thursday of each month as the date for Council workshops, starting March 2, 2006; 2) Determine whether' to start the Thursday workshops at 4:00 p.m., 6:00 p.m., or some other time between 4:00 p.m. and 7:00 p.m.; and 3) Direct staff to bring back to Council an ordinance formalizing this change. OTHER BUSINESS 16. CITY MANAGER REPORTS 17. MA YOR'S REPORTS 18. COUNCIL COMMENTS Page 7 - Council Agenda http://www . ch ula vistaca. gOY February 14,2006 CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . Two cases ADJOURNMENT to the Regular Meeting on February 21, 2006 at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least jiJrty-eight hours in advance for meetings and jive days for scheduled services and activities. Please contact the City Clerk for .specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf(fDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired Page 8 - Council Agenda http://www.chulavistaca.goy February 14, 2006 CITY COUNCIL AGENDA STATEMENT Item: I Meeting Date: 2/14/06 ITEM TITLE: Resolution of the City Council of the City of Chula Vista Approving a Grant Agreement and Conditions Precedent to Disbursement with the State of California Coastal Conservancy for the Construction of a Green Sea Turtle Exhibit at the Chula Vista Nature Center; and Authorizing the City Manager to execute the Agreement. Nature Center Direct~ City Manager iff ~ .~ ~ (4/5ths Vote: Yes_ NolU SUBMITTED BY: REVIEWED BY: At the December 20, 2005 meeting, the City Council approved the project to renovate the main building exhibits at the Nature Center (CIP Project # GG-175). The California State Coastal Conservancy is one of the organizations supporting this project through grant funds which require the execution of a related agreement prior to disbursement. RECOMMENDATION: That the City Council adopt the resolution approving the grant agreement and related conditions, and authorize the City Manager to execute the agreement. BOARDS/COMMISSIONS RECOMMENDATION: The Nature Center Board ofTrustees endorsed the project and Coastal Conservancy support at their 11/17/05 and 1/19/06 meetings. DISCUSSION: At the December 20, 2005 meeting, the City Council approved the project to remodel the main building exhibits at the Nature Center (CIP Project # GG-175). One of the elements of the project is the construction of an exhibit featuring the Green Sea Turtle. The California State Coastal Conservancy (CSCC) is one of the organizations supporting the Green Sea Turtle component through grant funds ($350,000) approved at the October 27, 2005 meeting of the Conservancy's Board of Directors. Prior to disbursement of the grant funds, an agreement, containing certain conditions, is required to be executed. The conditions precedent to disbursement of funds (on a reimbursement basis) include: . Adoption of a Council resolution authorizing execution of the Agreement; . CSCC's Executive Officer approval of the project's work program, project signage, and contractor list. Note: per CSCC direction, in the interest of time, these items are being completed concurrently. . Written evidence that City has obtained all necessary permits and approvals necessary for the completion of the project, and that the City has provided for required insurance coverage. Note: These items were completed in the application process. FISCAL IMPACT: The grant for $350,000 has already been awarded to the City by the California State Coastal Conservancy and the revenue was included in the fiscal impact associated with the Project's approval by the City Council in December 2005. Approval of this item provides for the administrative items necessary for the reimbur!,ement process to take place. RESOLUTION NO. 2006 .. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING A GRANT AGREEMENT AND CONDITIONS PRECEDENT TO DISBURSEMENT WITH THE STATE OF CALIFORNIA COASTAL CONSERVANCY FOR THE CONSTRUCTION OF A GREEN SEA TURTLE EXHIBIT AT THE CHULA VISTA NATURE CENTER; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, at the December 20, 2005 meeting, the City Council approved the project to renovate the main building exhibits at the Nature Center (CIP Project #GG-175); and, WHEREAS, the California State Coastal Conservancy is one of the organizations supporting the Green Sea Turtle component through grant funds (($350,000) approved at the October 27,2005 meeting of the Conservancy's Board of Directors; and, WHEREAS, prior to disbursement of grant funds, an agreement, containing certain conditions, is required to be executed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approve a Grant Agreement and Conditions Precedent to disbursement with the State of California Coastal Conservancy for the construction of a Green Sea Turtle Exhibit at the Chula Vista Nature Center; and Authorizing the City Manager to execute the Agreement. Presented by: Approved as to form by: Dan Beintema Nature Center Director ~~~1'~~. Ann Moore City Attorney J:AttomeylResol Agreements/Grant Agreemnt - sea turtle 1-2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~\~~~~~\i Ann Moore City Attorney . - Dated: ~C he, 'X"\J \.0) L<JCJ\.o Grant Agreement and Conditions Precedent to Disbursement with the State of California Coastal Conservancy for the Construction of a Green Sea Turtle Exhibit at the Chula Vista Nature Center 1-3 ST' "A:"ND""ARD AGREEMENT _ APPROVED BYTHe , A TICRNEY G ENeRA~ STD. 2. (REV..5-Q1} ~THU""8EA. 05-073 I "'. No. . T,.IJ;pA'l9tS FeDEIUI.. EwPl.c'raI: IDemFc.a.T1OH HU.. TIns AGREEMENT. made ""d ""<=red;,<o <his day of 2005 95 _ 6 0 00690 in 1M Sw.c of CaliCornio.. by."d bcrw= SuO: of Cili{orni.. tJu:ough its duly el=ed or appoU;,cd. qualified Uld acting 1TII.E OF 0fACS'I ~ FOR STAre Exe~utive Offi~er CONlRACTCR'S K,t.ME AGSHcV State, Coastal Conservan~y . n..w<cr called the Suo:, and City of Chula Vista, ,h=fu:rc:alJedthe-<:ontrac'" WITNESSEI1i: 'That die ConInCtor for and in consideralion of the COVenants c:ondicions a~~ents and .cipu' lations Of .c. 5....- C_' "-_ .. . . .' . . I. o~ _06 I I,IK; ......... Ii,qJ;01l1,I.I.I.c:r ex.~sc. doe. hereby" .grce <0 ftzmioh to the Sw.c SerY1ces and miUa1alo IS Collows: (S"'forth ..,,,,ice 10 be roukreJ.... COnlra<:lOr "'""_._ b. P_'J C . ,--". IJJ . M,I. ~ Onlrack. l~for pufOT1lVVlC. or c"'"P'~"""'<v.d oa~h pfmu and speciflCa/ioru, if 011].) SCOPE OF AGREEMENT Pursuant to Chapter 9 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") hereby grants to the City of Chula Vista ("the grantee") a sum not to exceed $350,000 (three hundred fifty thousand dollars), subject to , the terms and conditions of this agreem,ent. The grantee shall use these funds to complete the following proj ect ("the proj ect") at the Chula Vista Nature Center in the Sweetwater Marsh National Wildlife Refuge in City ofChula Vista, San Diego County, as shown on Exhibit A, which is incorporated by reference and attached. Grantee shall upgrade and expand the environmental education exhibits at the Chula Vista Nature Center and install a new exhibit that will display and interpret the life cycle of the green sea turtle (Chelonia mydas). (Continued on following) CONTINUE!) ON SHEETS, EACH, BEARI.NG NAME Of CONTRACTOR ANI) roNTRACT NUMBER.' The provisions Qn Ihc ~erse 'side hc:rco[ conscinu.c .. pet of this a&nemc:nr. IN WI1NEsS WHEREOF, <IUs agn=ncnt'hu ,been exccuood by the parties !=e",' up:,.. the date Ii..., above ..nUl:n. . STATE OF CALIFORNIA' CONTRACTOR ArJEW:t COH'TRACTOA (II~"....... ~.,. .......~~ *J State' CQas tal Conservancy City of Chula Vista IY IA'ffi'OAIZED SIGHA-1\IAEJ I'" IAU'THORIZED S!GN4 TUAEl C> C> PRIfTOD NAME Of' PeRSON S...."" P~IHTED _ AND 1TII.E OF PeRSON""''''' S-am.uel S~huchat David D. Rowlands, City Manager 1tIIC : oDciiESs: 27 5 4 t h Avenue E.xectl ti Tt! OffiuE Chula Vista, CA 91910 ~iY>_ ,.........,..".,>EGQOIY i<X>E>E'_ 'I1iIIi>j ~,_.""",. ' EJepa/1meaf.ootGeMnJl:S.mc.s ~'8.R: ,.Capi tal Outlay ,ater Sec.urity... lilseo9My $350,000.00 , ,jIIiPmOW. tISej. 'RICA .-r ENCUMBEReD FOR Chula Vista Nation Center HIS CCNTIUCT $'-0- lIE" I~TER I STAlVT'e: , ~ YEAR 3750-301-6031(0.5)(B) 208 2004 04/05 I CMi!y tM! this gram agreemenv QT....~ ENc:UMSeREiHO 08Jecr a' EXPENOIlUAe (COOe AND T1T\:EJ i 11'IHJ;'I:f/~IIIf;'nnmpnr IS exempt from A~ $ 50,000.00 Enhancement department ot Genera! S8rvices approvai I ~ certify upon my oWn 'personal ,_ledge that budgeted funds I T....... NO, I BANC. are ayailable 1or"J!16 period and purpose of ltJe expenditure stated above. .. , , -4' I """" - , City of Chula Vista Grant Agreement No. 05-073 Page 2 SCOPE OF AGREEMENT (Continued) The grantee shan cany out the project in accordance with this agreement and a work program, as provided in the "WORK PROGRAM" section, below. The grantee shaH provide any funds beyond those granted under this agreement which are needed to complete the proj ect. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT The grantee shan not commence construction of the proj ect and the Conservancy shall not be obligated to disburse any funds unless and until the following c~nditions precedent have been met: I. The City Council of the grantee has adopted a resolution authorizing the execution of this agreement. 2. The Executive Officer of the Conservancy ("the Executive Officer") has approved in writing: a. A work program for the project, as provided in the "WORK PROGRAM" section, below. b. A plan for installation of signs and placards, as provided in the "SIGNS" section, below. c. All contractors that the grantee intends to retain in connection with the proj ect. The grantee must provide written evidence to the Conservancy that each contractor has complied with the bonding requirements described in the "BONDING" section, below. 3. The grantee has provided written evidence to the Conservancy that: a. All permits and approvals necessary to the completion of the project under applicable local, state and federal laws and regulations have been obtained. b. The grantee has provided for required insurance coverage, including additional insured endorsement, as described in the "INSURANCE" section, below. 1-5 ", City ofChula Vista Grant Agreement No, 05-073 Page 3 TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the offices of the Conservancy together with the resolution described in the "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" section of this agreement. An authorized representative of the grantee shall sign the first page of the originals of this agreement in ink. This agreement shall run from its effective date through June 30, 2027 ("the termination date") unless otherwise terminated or amended as provided in this agreement, However, all work shall be completed by June 25,2007 ("the completion date"), The grantee shall submit a final Request for Disbursement no later than April 25, 2007 ("the final invoice date"). AUTHORIZATION The signature of the Executive Officer of the Conservancy on this agreement certifies that at its October 27,2005 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit B. This agreement is executed under that authorization. 1-6 COUNCIL AGENDA STATEMENT Item: :1.. Meeting Date: February 14, 2006 REVIEWED BY: Resolution amending the FY06 Library Grant Fund budget by appropriating unanticipated grant revenue in the amount of $6,320 for expenditures associated with the Literacy program. g# Assistant City Manager/Library Director City Manager 11 ~ p~ (4I5ths Vote: YES X NO _) ITEM TITLE: SUBMITTED BY: The California Department of Education recently notified the Chula Vista Literacy Team of a one-time augmentation in the amount of $4,000 in Workforce Investment Act (WIA) 231 Grant funds for the fiscal year 2006. In addition, the Literacy Team has been notified of a one-time augmentation to the FY06 California State Library's Matching Funds Grant in the amount of $2,320. STAFF RECOMMENDATION: That Council adopt the resolution amending the FY06 Library Grant Fund supplies and services budget by appropriating unanticipated Workforce Investment Act 231 grant funds in the amount of $4,000 and unanticipated grant revenue in the amount of $2,320 in Matching Funds from the California State Library. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The Chula Vista Literacy Team's Workforce Investment Act (WIA) 231 Grant has been augmented for the Fiscal Year 06 in the amount of $4,000. These Grant funds will be used to purchase instructional materials and supplies for the Literacy Team Center. Additionally, the California State Library has advised the Chula Vista Literacy Team that the FY06 Matching Funds Grant has been augmented by $2,320. These funds will be used to purchase instructional materials and supplies for the Literacy Team Center. FISCAL IMPACT: A one-time award of $4,000 from the California Department of Education WIA 231 and a one- time award of $2,230 from the California State Library will be used to purchase instructional materials and supplies for the Literacy Team Center. There is no impact to the General Fund. This appropriation will be made to the Library Grant Fund budget. 2-1 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY06 LIBRARY GRANT FUND BUDGET BY APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $6,320 FOR EXPENDITURES ASSOCIATED WITH THE LITERACY PROGRAM WHEREAS, the California Department of Education recently notified the Chula Vista Literacy Team of a one-time augmentation in the amount of $4,000 in Workforce Investment Act (WIA) 231 Grant funds for the fiscal year 2006; and WHEREAS, the Literacy Team has been notified of a one-time augmentation to the FY06 California State Library's Matching Funds Grant in the amount of$2,320; and WHEREAS, the Chula Vista Literacy Team's Workforce Investment Act (WIA) 231 Grant has been augmented for the Fiscal Year 06 in the amount of $4,000. These Grant funds will be used to purchase instructional materials and supplies for the Literacy Team Center; and WHEREAS, the California State Library has advised the Chula Vista Literacy Team that the FY06 Matching Funds Grant has been augmented by $2,320. These funds will be used to purchase instructional materials and supplies for the Literacy Team Center. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the FY06 Library Grant Fund supplies and services budget by appropriating unanticipated Workforce Investment Act 231 grant funds in the amount of $4,000 and unanticipated grant revenue in the amount of $2,320 in Matching Funds from the California State Library. Presented by Approved as to form by David Palmer Assistant City ManagerlDirector of Library ~~fu~i , Ann Moore City Attorney J:\Attomey\RESO\FINANCE\Amend FY 05.06 budget. Library (Literacy WIA & matching grant funds).doc 2-2 COUNCIL AGENDA STATEMENT Item: .3 Meeting Date: February 14. 2006 ITEM TITLE: Resolution approving the Banner Project on Port Tidelands and appropriating funds into the Library Department budget. SUBMITTED BY: Assistant City Manager Palmer~ REVIE~D BY: City Manager f~ Ff.. (4/5ths Vote: Yes ~ No-> In July 2005, the Office of Cultural Arts and the Cultural Arts Commission were notified by the Chula Vista Mayor's appointed representative to the Port's Public Art Committee that Port grant funds were available for the creation and installation of original art street banners as way-fmding and welcoming elements to the Chula Vista Bayfront. The project was adopted by the Office of Cultural Arts with the selection of artists' designs assigned to the Cultural Arts Commission's Public Art Sub-Committee. STAFF RECOMMENDATION: That Council adopt the resolution approving the Banner Project on Port Tidelands and appropriating funds into the Library Department supplies and services budget. BOARDS/COMMISSIONS RECOMMENDATIONS: The Cultural Arts Commission approved this project at their November 28, 2005 meeting. DISCUSSION: In its 2005-2006 fiscal year budget, the Port of San Diego set aside $18,500 in Community Grant Funds for the creation and installation of artist-designed street banners on Port Tidelands along Chula Vista's Bayfi-ont. The City of Chula Vista's Office of Cultural Arts and the Cultural Arts Commission's Public Art Sub-Committee have assumed the responsibility of coordinating the street banner project and selecting participating artists. The project was set up as a design competition for local area artists and school children and a Request for Design Proposals was announced and circulated via mailings to local artists and schools and through the City's website beginning in September 2005. The project budget of$18,500 allows for 22 individualized, two-sided banners to be designed and installed on City-owned street light utility poles along the J StreetIMarina Parkway corridor. A total of 49 design sketches were received by the November I, 2005 deadline and from that group the Cultural Arts Commission's Public Art Sub-Committee selected 22 finalists and 5 alternates (Attachment A). The Public Art Sub-Committee's 3-1 Item: 3 . Page 2 Meeting Date: February 14.2006 recommendations were then presented to the Cultural Arts Commission during their November 28, 2005 meeting where they were unanimously approved. The recommended artists and sketches were then presented to the Port's Public Art Sub-Committee on November 29,2005 and were approved with minor revisions [Attachment B]. The Port's Public Art Committee met on December 6, 2005 and approved the selected artists and funding of $18,500 for the project and the Port Commission met on December 12, 2005 and gave final approval for the project. It is anticipated that the banners will be installed for public view in Spring 2006. FISCAL IMPACT: Approval of this project will provide the Office of Cultural Arts, a division of the Library Department, with $18,500, which will cover all expenses of the project including artist stipends and supplies, materials and hardware. This one-time grant will be appropriated into the current Library Department's supplies and services budget. 3-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE BANNER PROJECT ON PORT TIDELANDS AND APPROPRlATING FUNDS INTO THE LIBRARY DEPARTMENT BUDGET WHEREAS, in its 2005-06 fiscal year budget, the Port of San Diego set aside $18,500 in Community Grant Funds for the creation and installation of original art street banners on Port Tidelands along Chula Vista's Bayfront; and WHEREAS, the City ofChula Vista's Office of Cultural Arts and the Cultural Arts Commission's Public Art Subcommittee have assumed the responsibility of coordinating the street banner proj ect and selecting participating artists; and WHEREAS, the project budget of $18,500 allows for twenty-two individualized, two- sided banners to be designed and installed on City-owned street light utility poles along the J StreetIMarina Parkway corridor; and WHEREAS, the project was set up as a design competition for local area artists and school children, and a Request f{)f Design Proposal was announced and circulated via mailings to local artists and schools and through the City's website beginning in September 2005; and WHEREAS, on November 1, 2005, a total of forty-nine sketches had been received and from that group, the Cultural Arts Commission's Public Art Subcommittee selected the twenty- two finalists and five alternates; and WHEREAS, the Port's Public Art Committee met on December 6, 2005, and approved the selected artists and funding of $18,500 for the project, and the Port Commission met on December 12,2005, and gave final approval for the project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Banner Project on Port Tidelands; BE IT FURTHER RESOLVED that the Council appropriate $18,500 into the current Library Department's supplies and services budget for this project. Presented by: Approved as to form by: David Palmer Assistant City Manager ~'Q~'vf~fu~~ Ann Moore City Attorney J:\Attomey\RESO\BANNER PROJECT ON PORT TIDELANDS.doc 3-3 Attachment A CHULA VISTA BANNER PROJECT ORIGINAL SELECTIONS CHULA VISTA PUBLIC ART SUB-COMMITTEE & CULTURAL ARTS COMMISSION Name Ofelia Alvarado Arthur Armenta Mary Ann Carr Marilyn Chang Desiree Dare Patricia DeFacci Vickie Delong Elyse Ferons Gloria Galbraith Alfredo Gutierrez Becky Guttin-Salo Alberto Hernandez Del Herbert Moe Kohama Steven Kohn Cody Leeder Angela Neal Annika Nelson Franklin Paiste Linda Smyth Ashley Tamayo Sharon K. Thomas Bella Cao Chuck Giles Sharon Hyde Marna Schindler Maryanne Sanders Level Professional High School Professional Professional High School Professional Professional High School Professional Professional Professional Professional Professional High School Professional High School Child Professional Professional Professional High School Professional ARTISTS SELECTED City of Residence Chula Vista Chula Vista San Diego Imperial Beach Chula Vista Santee San Diego Chula Vista Chula Vista Coronado San Diego Chula Vista Chula Vista Chula Vista San Diego Chula Vista EI Cajon Cardiff Chula Vista Chula Vista Chula Vista Spring Valley ALTERNATES for the PROJECT Professional Chula Vista Professional Imperial Beach Professional Chula Vista Professional San Diego High School Chula Vista 3-4 Attachment B CHULA VISTA BANNER PROJECT FINAL SELECTIONS Ofelia Alvarado Marilyn Chang Vicky Delong Arthur Armenta Desiree Dare Elyse Ferons 3-5 Mary Ann Carr Patricia DeFacci Gloria Galbraith Chuck Giles Alfredo Gutierrez Side 1 Alfredo Gutierrez Side 2 Alberto Hernandez SirlA 1 Becky Guttin-Salo Side 2 Becky Guttin-Salo Steven Kahn Cody Leeder Mae Kohama 3-6 Angela Neal Linda Smyth Franklin Paiste Mama Schindler Ashley Tamayo Sharon Thomas 3-7 Bella Cao Alternates Del Herbert Annika Nelson Sharon Hyde Maryanne Sanders 3-8 COUNCIL AGENDA STATEMENT Item: if Meeting Date: Februarv 14. 2005 ITEM TITLE: Resolution amending the FY06 Library Department budget by appropriating unanticipated donation revenue in the amount of $18,027.47 SUBMITTED BY: Resolution amending FY06 Library Grant Fund budget by appropriating a) unanticipated one-time grant revenue in the amount of $14,782 from the Public Library Fund for the purchase of library materials, b) a one-time grant award from the Public Library Staff Education Program in the amount of $2,129. Assistant City Manager/Library DirectortJ"(/] City Manager'il"",J7~ (4I5ths Vote: YES X NO -> REVIEWED BY: Since July 1, 2005, the Library Department has received donations from various organizations and individuals for the purchase of new books to add to the Library's collection. In January 2006, the Califomia State Library notified the Library of a one-time augmentation to the Public Library Fund grant in the amount of $14,782. The Library was notified on January 31S\ that library employee Lisa Burgert was awarded tuition reimbursement funds from the Public Library Staff Education program and these funds must be administered by the Library. STAFF RECOMMENDATION: That Council adopt the resolution amending the FY06 Library Department supplies and services budget by appropriating unanticipated donation revenue in the amount of $18,027.47 That Council adopt the resolution amending FY06 Library Grant Fund budget by appropriating a) unanticipated one-time grant revenue in the amount of $14,782 from the Public Library Fund for the purchase of library materials, b) a one-time grant award from the Public Library Staff Education Program in the amount of $2,129. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: As part of its ongoing fund raising efforts, the Library conducts various direct mail solicitation campaigns to supplement its book or materials budget. This year, the Library is requesting that $10,000 worth of donations be appropriated for books. 4-1 . Item: i . Page 2 Meeting Date: Februarv 14. 2006 Additionally, the Library has received its first ever dispersal from the Friends of the Chula Vista Library Endowment Fund at the San Diego Foundation, totaling $8,027.47. The endowment fund was established in 1997 specifically to supplement the Library's book or materials budget. Over the years, the endowment has grown to over $500,000, the principle of which cannot be touched. Since the endowment has now reached a major financial threshold, the Library will henceforth be annually appropriating the dispersal to supplement the book budget, as approved by City Council in 1997 (ATTACHMENT A). The amount of funds eligible for dispersal is based upon a specific formula established by the San Diego Foundation. The Library has also received notification from the California State Library that it will receive a one-time Public Library Fund (PLF) augmentation in the amount of $14,782. The Library has already appropriated a base PLF amount in the department's FY 05-06 budget. This augmentation was determined once all public libraries submitted their Eligibility Annual Certification and the State Library determined that extra monies could be distributed. This fund is intended to supplement local library funding and enhance library services. The Library will use the total $32,809.47 to purchase Spanish language books for use by the community. The Library Services and Technology Act (LSTA) E-71 grant provides funding for tuition reimbursement for graduate education in Library Science. Chula Vista Public Library staff member, Lisa Burgert applied for and received an award in the amount of $1,935 for tuition and the" Library will receive $194.00 for administrative fees. FISCAL IMPACT: There is no net fiscal impact to the General Fund. These one-time funds will be used to purchase approximately 1,300 new Spanish language books that otherwise the Library could not afford to purchase. This one-time grant award for tuition has no net fiscal impact and will be disbursed through the Library's training object account. 4-2 1'.'IT1'.CHMENl' "I'." RESOLUTION NO. 18772 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE ESTABLISHMENT OF A FRIENDS OF THE CHULA VISTA LIBRARY DESIGNATED ENDOWMENT FUND AT THE SAN DIEGO COMMUNITY FOUNDATION WHEREAS. on August 14. 1997, the Umbrella Board of the Friends of the Chula Vista Library approved the establishment of a Designated Endowment Fund with the San Diego Community Foundation; and WHEREAS, theSoard also agreed to donate $15,000 to establish the fund to be called: "The Friends of the Chula Vista Endowment Fund"; and WHEREAS. in establishing the fund. the Friends wi'll designate the Chula Vista Public Library as the beneficiary and the dividends from this fund will be restricted for the acquisition of materials (books, videos. periodicals, software, online information services, etc.); and WHEREAS, these funds must be used to supplement rather than supplant the City's General Fund support for materials. Finally, in establishing the fund, the Umbrella Board has specified that the San Diego Community Foundation may not make any disbursements to the Library prior to the year 2006 or until the fund accumulates $250,000; and WHEREAS, it is recommended to support the creation of identified projects on which to spend these funds and include this documentation in the Library's annual written goals and objectives; and WHEREAS, on August 27, 1997 the Library Board of Trustees voted to support the Friends' creation of a Designated Endowment Fund with the San Diego Community Foundation. NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City of Chula Vista does hereby support the establishment of a Friends of the Chula Vista Library Designated Endowment Fund at the San Diego Community Foundation. Presented by Approved as to form by ~~ David Pal ' Library Director /1 ('~~P .,~n M. Kaheny 0itY Attorney ~ 4-3 Resolution 18772 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, . California, this 9th day of September. 1997, by the following vote: AYES: Councilmembers: Moot, Padilla, Rindone, Salas, and Horton NA YES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None . ~~~ Shirley Ho n, Mayor ATTEST: ~JJPJf ;( t21/iflJ Beverly . Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO i CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18772 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of September, 1997. Executed this 9th day of Se ptem ber, 1997 ~(/ tbf!~ Beverly . Authelet, City Clerk 4-4 r f' r RESOLUTION NO. 2006- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY06 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED DONATION REVENUE IN THE AMOUNT OF $18,027.47 WHEREAS, as part of its ongoing fundraising efforts, the Library conducts various direct mail solicitation campaigns to supplement its book or materials budget. This year, the Library is requesting that $10,000 worth of donations be appropriated for books; and WHEREAS, since July 1,2005, the Library Department has received donations from various organizations and individuals for the purchase of new books to add to the Library's collection; and WHEREAS, the Library received its first dispersal from the Friends of the Chula Vista Library Endowment Fund at the San Diego Foundation, totaling $8,027.47. The endowment fund was established in 1997 specifically to supplement the Library's book or materials budget. Over the years, the endowment has grown to over $500,000, the principle of which cannot be touched. Since the endowment has now reached a major financial threshold, the Library will henceforth be annually appropriating the dispersal to supplement the book budget, as approved by City Council in 1997. The amount of funds eligible for dispersal is based upon a specific formula established by the San Diego Foundation; and, WHEREAS, the Library will use the funds to purchase Spanish language books for use by the community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the FY06 Library Department supplies and services budget by appropriating the unanticipated donation revenue in the amount of$18,027.47. Presented by Approved as to form by David Palmer Assistant City Manager/Director of Library ~<N\~~~~ Ann Moore City Attorney J:\Attomey\RESO\FINANCE\Amend FY 05-06 budget - Library (unanticipated donation).doc 4-5 RESOLUTION NO. 2006- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY06 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING: A) UNANTICIPATED ONE-TIME GRANT REVENUE IN THE AMOUNT OF $14,782 FROM THE PUBLIC LIBRARY FUND FOR THE PURCHASE OF LIBRARY MATERIALS, B) A ONE- TIME GRANT AWARD FROM THE PUBLIC LIBRARY STAFF EDUCATION PROGRAM IN THE AMOUNT OF $2,129 WHEREAS, in January 2006, the California State Library notified the Library of a one- time augmentation to the Public Library Fund (PLF) grant in the amount of$14,782; and WHEREAS, the Library has already appropriated a base PLF amount in the department's FY 05-06 budget. This augmentation was determined once all public libraries submitted their Eligibility Annual; and WHEREAS, certification and the State Library determined that extra monies could be distributed. This fund is intended to supplement local library funding and enhance library services; and WHEREAS, the Library will use the funds to purchase Spanish language books for use by the community; and WHEREAS, the Library Services and Technology Act E-71 grant provides funding for tuition reimbursement for graduate education in Library Science; and WHEREAS, the Library was notified on January 31, 2006, that library employee Lisa Burgert was awarded tuition reimbursement funds from the Public Library Staff Education Program. Ms. Burgert applied for and received an award in the amount of $3,225 for tuition and the Library will receive $323.00 for administrative fees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby amend the FY06 Library Grant Fund budget by appropriating: A) unanticipated one-time grant revenue in the amount of$14,782 from the Public Library Fund for the purchase of library materials, B) a one-time grant award from the Public Library Staff Education Program in the amount of$2,129. Presented by Approved as to form by ~~.f~~ Ann Moore \ City Attorney David Palmer Assistant City ManagerlDirector of Library J:\Anomey\RESO\FINANCE\Amend FY 05.06 budget - Library (grant revenue and award).doc 4-6 COUNCIL AGENDA STATEMENT Item 6 Meeting Date: 2/14/06 ITEM TITLE: Resolution approving an agreement with McMillin Otay Ranch, LLC to provide for the construction, limited use, maintenance and demolition of a temporary sewer main within Eastlake Parkway and Hunte Parkway. SUBMITTED BY: '$\V City Engineer ~~ City Manage~ (4/5ths Vote: Yes_ No X ) REVIEWED BY: The developer of the northerly portion of the proposed Eastern Urban Center, McMillin Otay Ranch, LLC proposes to install a temporary sewer line from the project to the Salt Creek Sewer Main within Eastlake and Hunte Parkway prior to the final surfacing of the roadways. The ultimate sewer alignment for the Eastern Urban Center will be along Rock Mountain Road. The agreement under consideration tonight will set forth the conditions and requirements of the developer for the construction, use, maintenance and demolition of the temporary sewer line. RECOMMENDATION: That Council adopts the resolution. BOARDS AND COMMISSIONS: N/A DISCUSSION: The Otay Ranch General Development Plan designates the Eastern Urban Center (EUC) as a large mixed use, high-density village within Otay Ranch just east of SR-125 and south of Birch Road. The developer intends to file a SPA plan for the site soon but has not begun the entitlement process or an environmental impact report. Currently, there are only General Development Plan approvals for the EUC. The developer, McMillin Otay Ranch, LLC has proposed to construct a temporary sewer to serve the proposed initial phase of the EUC in the event that the ultimate sewer alignment within Rock Mountain Road has not been constructed by the projected need in 2008. In addition, Eastlake and Hunte Parkway, in which the temporary sewer is to be installed, is currently under construction by another developer, Brookfield Shea Otay, LLC (Village 11). McMillin Otay Ranch, LLC is proposing to install the temporary sewer prior to the paving of these roads in compliance with Council Policy 563-01. 5-1 Item C) , Page 2 Meeting Date: 2/14/04 The Agreement for the Council's consideration tonight addresses the many issues that accompany this request. This action is necessary in order to meet the timelines associated with development of the EUC. The Agreement ensures that the temporary sewer line will not cause a capacity problem for the existing sewer main, downstream of the connection point. The Agreement obligates the developer to monitor the downstream sewer main to ensure the flows do not exceed the established threshold capacity of the existing Salt Creek Sewer Interceptor and tributary laterals. Should the data indicate a potential capacity problem, no additional permits related to the EUC will be issued. Although constmction of the temporary sewer will be at the developer's sole expense, the Agreement states that there is no guarantee that the City will allow ongoing usage of the facility. This clause ensures the ultimate sewer facility for the EUC will be constmcted and provides the City with the flexibility to use the temporary facility for other adjacent property owner(s) at, such as the proposed University, at the City's discretion. Lastly, the Agreement has provisions and security for the eventual removal of the Temporary Sewer, once the ultimate facility within Rock Mountain Road has been constmcted. The Agreement has been reviewed by staff, and approved as to form by the City Attorney. Environmental Considerations The construction of the Temporary Sewer will be located entirely within the rights-of-way for Eastlake Parkway and Hunte Parkway. Constmction of these roadways and disturbance of this area was previously evaluated in the Village II Final Environmentallmpact Report (EIR) EIR 01-02, which was certified by the City Council on October 23, 2001. The proposed Temporary Sewer line has been sized to not exceed the densities contemplated in the adopted General Plan Update. The proposed sewer will not be used at this time and future environmental review will be required for any entitlements before the proposed Temporary Sewer becomes operational. No environmental impacts are anticipated. FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees and costs associated with the proposed Agreement including installation of the facility. Attachments: Attachment 1: Attachment 2: Exhibit A: Location Plat for the temporary sewer. Developer's Disclosure Statement Agreement with McMillin Otay Ranch, LLC to provide for the constmction limited use, maintenance and demolition of a temporary sewer main within Eastlake Parkway and Hunt Parkway File No. OR632! 1. IEngineerIAGENDAICAS2006102-/4-06Ideep sewer Agmt CAS v3.doc 5-2 >- o:~ I - - wer: +: s<t UJ wo... C!J <X; (/)ill -1 -1 = I- L ;:;; C\JZ L .,....~ - - ZI ....J06 ....J -ill ~~ 0::5 ~I- (/) <t ill " =' '- . ~ z: :J -10 ~::) oUJ ::!i A TT ACHMEt\lT 2- - City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. It't;,,MJ/;N fJP.}' RdU~' i.i-L- 2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. (.,n)' J/:'idY" ?;;L..! 6"'~'AYlaQ ~,/q7 ?(J~J4;.rky M..;,k ~e~ c,' , \j;.~hiv .,..~ ;::::;'N /( ZA/ ;lh 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No+- 5-4 City of Chula Vista Disclosure Statement If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No X Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ NO-A If Yes, which official" and what was the nature of item provided? Dat~; /- 71-0b ~Cc b-,pu;;,. Print or type name of Contractor! Applicant , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. " Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. J:\Attomey\forrns\disclosure statement 3 -6-03 5-5 RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH MCMILLIN OTAY RANCH, LLC TO PROVIDE FOR THE CONSTRUCTION, LIMITED USE, MAINTENANCE AND DEMOLITION OF A TEMPORARY SEWER MAIN WITHIN EASTLAKE P ARKW A Y AND HUNTE P ARKW A Y WHEREAS, the City Of Chula Vista and the Otay Ranch General Development Plan have designated the Eastern Urban Center (EUe) as a large mixed use, high-density village within Otay Ranch just east of SR-125, west of Eastlake Parkway and south of Birch Road; and WHEREAS, ultimate sewer alignment for the Eastern Urban Center will be to the west along Rock Mountain Road to the Salt Creek Interceptor; and, WHEREAS, McMillin Otay Ranch, LLC, the developer of the northerly portion of the proposed Eastern Urban Center, has proposed to construct a temporary sewer to serve the proposed initial phase of the EUC in the event that the ultimate sewer alignment within Rock Mountain Road has not been constructed by the projected need in 2008; and, WHEREAS, Eastlake Parkway and Hunte Parkway, in which the temporary sewer is to be installed, is currently under construction by another developer, Brookfield Shea Otay, LLC (Village 11). McMillin Otay Ranch, LLC is proposing to install the temporary sewer prior to the paving of these roads; and, WHEREAS, McMillin Otay Ranch, LLC agrees to monitor the downstream sewer main to ensure the flows do not exceed the established threshold capacity of the existing Salt Creek Sewer Interceptor and will not cause a capacity problem for the existing Village 11 sewer main and also agrees that no additional permits related to the EUC will be issued if the monitoring indicates a potential capacity problem; and, WHEREAS, the temporary sewer will be constructed at the developer's sole expense providing the City with the flexibility to use the temporary facility for other adjacent property owner(s), such as the proposed University and the Agreement has provisions and security for the eventual removal of the Temporary Sewer, once the ultimate facility within Rock Mountain Road has been constructed; NOW, THEREFORE, the City Council of the City OfChula Vista does resolve-as follows: Approving an agreement with McMillin Otay Ranch, LLC to provide for the construction, limited use, maintenance and demolition of a temporary sewer main within Eastlake Parkway and Hunte Parkway (H:\Attomey\Final Resos\2006\2 ~ ~~\MCMillin Eve Sewer Agree.doc) WHEREAS, nothing in the Agreement in any manner restricts the City Council's complete discretion in acting upon any future legislative or quasi-judicial matter related to the EUC. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City OfChula Vista does hereby approve an agreement with McMillin Otay Ranch, LLC to provide for the construction, limited use, maintenance and demolition of a temporary sewer main within Eastlake Parkway and Hunte Parkway, a copy of which is on file with 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 on behalf of the City. Presented by Approved as to form by Sohaib AI-Agha City Engineer /I21L 5-7 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: ,;2/3/00 / , Agreement with McMillin Otay Ranch, LLC to Provide for the Construction, Limited Use, Maintenance and Demolition of a Temporary Sewer Main Within Eastlake Parkway and Hunte Parkway 5-8 Recording Requested by: ) ) CITY CLERK ) ) When Recorded, Mail to: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) File No: OR-6321 AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, AND McMILLIN OTAY RANCH, LLC TO PROVIDE FOR THE CONSTRUCTION, LIMITED USE, MAINTENANCE AND DEMOLITION OR ABANDONMENT OF A TEMPORARY SEWER MAIN WITHIN EASTLAKE PARKWAY AND HUNTE PARKWAY. This Agreement is made and entered into this of 2006, by and between the City of Chula Vista ("City"), a municipal corporation, and McMillin Otay Ranch, LLC ("McMillin"), a Delaware limited liability company. RECITALS WHEREAS, the City of Chula Vista provides sewer service within the City of Chula Vista pursuant to the laws of the State of California (Health and Safety Code Section 5471), its ordinances and resolutions; and WHEREAS, McMillin owns real property in the City of Chula Vista, located east of SR- 125, west of EastLake Parkway, north of Hunte Parkway and south of Birch Road, and more particularly described on Exhibit A (the "McMillin EUC Property"), which is a portion of the area commonly known as the Eastern Urban Center; and WHEREAS, McMillin has not yet applied for, and the City has not approved, the land use entitlements that would be necessary to permit development of the McMillin EVC Property as envisioned in the City's General Plan and Otay Ranch General Development Plan; and WHEREAS, the permanent sewer system that will serve the McMillin EUC Property has not yet been designed or approved, and McMillin would like to construct a temporary sewer system to provide the McMillin EVC Property with limited sewer service (the "Temporary Sewer") until such time as the permanent sewer system that will serve the McMillin EVC Property has been designed, approved and constructed; and DEEP SEWER MAIN AGREEMENTv6.dac 1/25/06 5...9 WHEREAS, the proposed temporary sewer alignment is within the right of way of EastLake Parkway, from Crossroads Street to Hunte Parkway, and within the right of way of Hunte Parkway, from EastLake Parkway to Exploration Falls Drive, as shown on City Drawing Number 06-002 (the "Temporary Sewer Alignment"); and WHEREAS, Brookfield Shea Otay, LLC is currently building both EastLake Parkway and Hunte Parkway in the area of the proposed Temporary Sewer Alignment; and WHEREAS, McMillin desires to construct the Temporary Sewer prior to the paving of both EastLake Parkway and Hunte Parkway in order to limit disturbance to those roadways in compliance with Council Policy 563-01, in full recognition and ullderstanding that (i) since the land use entitlements that would be necessary to permit development of the McMillin EUC Property have not been approved, there is no guarantee of the eventual use of the Temporary Sewer by McMillin for the McMillin EUC Property, and (ii) at present it does not appear that there is any possibility for reimbursement of any portion of McMillin's costs for the construction ofthe Temporary Sewer; and WHEREAS, the City is willing to allow McMillin to install the Temporary Sewer without any guarantee concerning any future approval related to the McMillin EUC Property and provided the Temporary Sewer does not detract from sewer service to any existing subdivision or any project with an approved Tentative Map, and; WHEREAS, the proposed Temporary Sewer line will not serve densities higher than contemplated and analyzed in the adopted General Plan Update Final Environmental Impact Report (EIR No. 05-01) certified by the City Council on December 13,2005 NOW, THEREFORE, CITY and MCMILLIN do agree asJollows: 1. Purpose. The purpose of this Agreement is to provide for the construction, operation and maintenance of the Temporary Sewer by McMillin. 2. Term of Agreement and Areas to be Served. a. Terri:!. This Agreement shall commence on the date this Agreement is executed by the City and shall continue until such time as all of the provisions herein are satisfied in the sole discretion of the City Engineer. b. Area. The property governed by this Agreement is shown on Exhibit A and generally described as the "McMillin EVC Property" and is also herein referred to as the "Property". 3. Maintenance Costs and Release a. Maintenance and Monitoring Costs. McMillin agrees that the proposed Temporary Sewer will require maintenance and monitoring after the McMillin EUC Property is DEEP SEWER MAIN AGREEMENTv6.doc 1/25/06 5-40 developed and the Temporary Sewer is put in use. Prior to the approval ofthe first final map in the McMillin EUC Property, McMillin will deposit an amount (the "Maintenance Deposit") for the City's maintenance and monitoring operation costs of the Temporary Sewer and the appurtenant facilities including down stream facilities. The City will maintain the Temporary Sewer after accepting the facility in accordance with Section 4.b. McMillin shall provide additional maintenance funds within 30 days of a notice by the City that the Maintenance Deposit funds have been exhausted. b. Additional Monitoring Expenses. McMillin agrees to provide the City with contin)led monthly deposits for the City's costs of monitoring of sewer flows associated with the Temporary Sewer until such time as a permanent sewerage system for the McMillin EVC Property is operational. c. Release. The City will release the unused portion of the Maintenance Deposit as defined in Section 3.a above, if any, and any unused portions of the Additional Monitoring Deposits as defined in Section 3.b above to McMillin only after the City Engineer has determined in his/her sole discretion that either: 1. The temporary sewer has never been and will never be used to convey sewage, and surplus funds are available for release to McMillin, or 11. The City has allowed properties other than the McMillin EUC Property to receive sewer service from the Temporary Sewer, and surplus funds are available for release to McMillin, or 111. A permanent sewer system is operational and the Temporary Sewer is abandoned. 4. Temporary Sewer. a. Permits. McMillin shall be responsible, at its expense, for obtaining all applicable environmental and other permits for the construction of the Temporary Sewer within the right of way of EastLake Parkway, from Crossroads Street to Hunte Parkway, and within the right of way of Hunte Parkway, from EastLake Parkway to Exploration Falls Drive. b. Construction. McMillin shall construct the Temporary Sewer as shown on approved City Drawing Number 06-002. Security for the construction, as listed on Exhibit "B" of this Agreement shall not be released until the City has accepted the Temporary Sewer and a one-year maintenance bond acceptable to both the City Engineer and the City Attorney. McMillin understands and agrees that until such time as the construction of the Temporary Sewer is fully completed and accepted by City, McMillin shall be responsible for the care, maintenance of, and any damage to Temporary Sewer. During the construction period for the Project, McMillin further agrees to prohibit any construction debris from entering the sewer system. McMillin further agrees to keep a project manager on site for the duration of the construction operations. Said project manager shall be a licensed contractor in the State of California with a valid Class "A" license. DEEP SEWER MAIN AGREEMENTv6.dQC J/25/rJ6 5.,.11 c. Indemnification / Insurance. McMillin further understands and agrees that City, or any officer, agent, or employee of the City, shall not be liable for any bodily injury, death, or property damage, including claims allegedly resulting from the discharge of hazardous materials and/or any other claims occasioned by reason of the acts or omissions of McMillin, its subcontractors or suppliers, its agents or employees, or the City (to the extent they are not the result of the City's sole negligence or willful misconduct), related to the construction of the Temporary Sewer or any acts or omissions of McMillin, its subcontractors or suppliers, its agents or employees, or the City, related thereto; provided, however, that McMillin shall have no obligation to indemnify, defend, protect or hold the City harmless from any such losses, claims, demands, causes of action, liability, damages, costs or expenses to the extent such claims arise from the sole negligence or willful misconduct of the City or any officer or employee thereof. McMillin further agrees to defend, indemnify, protect and hold the City, its officers, agents and employees, harmless from any and all claims, demands, causes of action, liability, costs and expense (including, without limitation, reasonable attorney's fees) or loss for bodily injury, death or property damage, including claims arising from the discharge of hazardous materials and/or any other claims related to or allegedly arising out of the construction of the Temporary Sewer or any acts or omissions of McMilliri, its subcontractors or suppliers, its agents or employees, or the City, related thereto; provided, however, that McMillin shall have no obligation to indemnify, defend, protect or hold the City harmless from any such losses, claims, demands, causes of action, liability, damages, costs or expenses to the extent such claims arise from the sole negligence or willful misconduct of the City or any officer or employee thereof. McMillin further agrees to defend, indemnify, protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability, cost and expense (including without limitation, reasonable attorney's fees) made or incurred by third parties pursuant to or arising out of contracts entered into by such third parties with or on behalf of McMillin or its successors, assigns or agents concerning the construction of the Temporary Sewer; provided, however, that McMillin shall have no obligation to indemnify, defend or hold the City harmless from any such losses, claims, demands, damages, causes of action, liability, costs and expenses to the extent that they have arisen due to the sole negligence or willful misconduct of the City. McMillin further agrees to procure insurance as specified in Exhibit "D". d. The improvement securities referred to in paragraph 4. b. above shall not cover the provisions of paragraph 4.c. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of the Temporary Sewer as provided herein. The approval of plans for the Temporary Sewer 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 said work and related improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the Temporary Sewer or until the Temporary Sewer is removed, abandoned or made permanent, whichever comes first. DEEP SEWER MAIN AGREEMENT v6.doc 1/25106 5-~2 e. Withholding Permits. McMillin acknowledges and agrees that the City may withhold building pennits for the Property if at anytime the City determines in its sole discretion that the downstream capacity of the City's sewerage system is not able to accommodate the flows from the Temporary Sewer or if the City Engineer determines that McMillin is not in compliance with the terms and/or obligations of this Agreement. McMillin acknowledges and agrees that no building permits for the Property shall be issued until all discretionary approvals have been approved by the City and all applicable conditions of development have been satisfied. f. Limits to Sewer Capacity. McMillin agrees that there are at least two. constrained reaches down stream of the Temporary Sewer and that the City has no obligation to allow any sewage flows from the McMillin EUC Property. McMillin agrees that all future flows from Village 11 and any other flows within the Salt Creek Sewer Basin not generated by the McMillin EUC Property shall have priority over any flows from the McMillin EUC Property in regard to the down stream constraints. . g. Future Exactions. McMillin agrees that any future environmental review for the McMillin EUC Property will require a full sewer analysis of a permanent sewerage system to serve the McMillin EUC Property. Nothing in this Agreement prevents the City from exacting a permanent sewerage system for the McMillin EUC Property from McMillin either on or off-site of the McMillin EUC Property. h. City's Use of the Temvorary Sewer. McMillin agrees that the City may use the Temporary Sewer to serve other property with permanent sewer service. If the Temporary Sewer is used .to provide permanent sewer service, as detennined by the City Engineer, to an area outside the McMillin EUC property, this agreement may be amended to allocate the Temporary Sewer capacity and cost. Any such amendment shall not be effective until approved by the City Council. i. Establishment of Capacity. Prior to approval of any final map in the McMillin EUC Property that utilizes the Temporary Sewer, McMillin shall provide security for the construction of the permanent sewer facility for the McMillin EUC Property. j. Removal or Abandonment of the Temporary Sewer. McMillin agrees to abandon or remove to the satisfaction of the City Engineer all portions of the Temporary Sewer within City Right of Way, City Easement or City owned lands within 180 days of a notice provided by the City Engineer. McMillin has deposited $25,000 for faithful performance $25,000 for labor and materials with the City to secure for such abandonment. The City will release said security once the abandonment / removal has occurred to the City Engineer's satisfaction or the City Engineer has determined that the Temporary Sewer should not be removed or abandoned. 5. Prior Agreements. Both parties acknowledge that nothing in this Agreement shall amend, waive, modify, supersede, nullify or otherwise negatively impact the terms of any prior agreements between McMillin and the City. DEEP SEWER MAiN AGREEMENT v6.doc [/15/06 5~13 6. Successors - Release. a. Benefit of successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. Burden of covenants. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. 7. Notices. Notices which may be required or permitted under the terms of this agreement shall be considered given upon receipt from the United Stated Postal Service of a "Return Receipt" showing acceptance by a representative of the "receiving" party of the notice which was posted "Certified - Return Receipt Requested". Addresses for any such notice shall be: For the City of Chula Vista: City Engineer City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 For McMillin: McMillin Otay Ranch, LLC 2750 Womble Road San Diego, CA 92106 Attn: Frank Zaidle 8. Entire Agreement. This agreement contains the whole contract between the parties and integrates all the terms and conditions mentioned herein or incidental hereto and supersedes, all negotiations and previous agreements between the parties pertaining to the same subject. 9. Amendments to Agreement. Any modifications of the terms of this Agreement must be made with the mutual consent of all parties by a subsequent written agreement. Any amendment to the Agreement must be approved the City Council of the City of Chula Vista. DEEP SEWER MAIN AGREEMENT v6.doc 1/25/06 5.5.14 10. Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of San Diego. 11. Recitals and Exhibits. All Recitals set forth above and exhibits attached to this Agreement are hereby incorporated herein by this reference. DEEP SEWER MAIN AGREEMENT v6.dQC 1/25/06 5-'115 (Signature Page One of Two Pages) Temporary Sewer Main Agreement IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year fIrst above written. CITY OF CHULA VISTA A municipal corporation By: Mayor Stephen C. Padilla Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: DEEP SEWER MAIN AGREEMENTv6.doc 1/25/06 Sli16 (Signature Page Two of Two Pages) Temporary Sewer Main Agreement McMILLIN OT A Y RANCH, LLC, a Delaware limited liability company BY: McMILLIN COMP ANlES, LLC, a Delaware limited liability company Its: Managing Member BY c6~~ NAME: _~ ~~~ TITLE '" . 6-4/"-:;OIC/.U.L.- N TITLE lIP DEEP SEWER MAIN AGREEMENT y6.dac [/25/06 5-917 LIST OF EXHffiITS Exhibit A ----- Legal Description (Eastern Urban Center) Exhibit B _m List of Improvement Securities; purpose and amount Exhibit C ----- Temporary Sewer Location Exhibit D ----- Temporary Sewer Insurance Provisions DEEP SEWER MAIN AGREEMENT v6.doc 1/25/06 5J..D18 EXHillIT "A" Legal Description (Eastern Urban Center) Parcel 3 of Parcel Map Number 18481, being in the City of Chula Vista, County of San Diego, State of California, according to document 2000-283684, recorded in the office of the County Recorder of San Diego County, May 31, 2000 DEEP SEWER MAIN AGREEMENTv6.dQC tn5106 5;,.119 EXHIBIT "B" Improvement Securities DescriDtion Amount Reference Temporary Sewer $285,000 for Faithful Perfonnance, Chula Vista Drawing Nos. Imnrovement Bonds $285,000 for Material and Labor 06 002 Abandonment Security $25,000 for Material and Labor Chula Vista Drawing Nos. $25,000 for Faithful Perfonnance, 06 002 DEEP SEWER MAIN AGREEMENT.,,6.doc 1/25/06 SU20 ~ c::~ we:: s<( wo... OCJ)W 1-=1- -C\lZ IIh- ::) IZI X-l06 W-l -w ~:::s::: 0:5 ~I- CJ) <( ill ~~ ~ r . , " . .. " " , <'~, , I , :~ <t , I t--:- ,iI' ... ", , ~ ,"" .' ! " $ ~. . ~ " ,~ . ,..';; $ ," A ," ... ,~ i .... __LJ .j!. ~ - Q:;1 =: . 't ,I <! ",<. 11 ~ i:i! ~~; " "1; z~: i ill ,~!~: 'I -1m' ~i jll I - - < . II I:, "':1 I, 1 '[ -. -------------- -- ~-- - -- +: 111 I!J <:: :J :> ~'- .~.-._-~- ~-" ,~ '- ~ 'I I ~ ' : ~ ,!i II ~' r~ - , ~ .11 'i ", ' I " II II 1'::\ ~ :z: jt) -~ ~1l1 ~ 5-21 ~{~ -.- . - - """ --::.-- Exhibit "D" INSURANCE REQUIREMENTS FOR McMillin EUC Property Temporary Sewer Agreement CTIY OF CHULA VISTA McMillin must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the agreement and the results of that work by McMillin, its agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) including Insurance Services Office Form (CG0009 11/88) Owners and Contractors Protective Liability Coverage Form - Coverage for Operations of Designated Contractor). 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Course of Construction insurance covering all risks of loss less policy exclusions. Minimum Limits of Insurance McMillin shall maintain limits no less than: 1. General Liability: (Including operations, products and completed operations, as applicable.) 2. Automobile Liability: 3. Workers' Compensation Empioyer's Liability: 4. Course of Construction $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a generai aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 policy limit bodily injury by disease $1,000,000 disease - each employee Completed value of the project with no coinsurance penalty provisions Deductibles and Self-Insured Retentions DEEP SEWER MAIN AGREEMENTv6.doc 1/25/06 SU22 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or McMillin will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of McMillin, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of McMillin including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the policy using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products / Completed Operations coverage. 2. McMillin's insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of McMillin and in no way relieves McMillin from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. McMillin's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. 6. Course of Construction policies shall contain the following provisions: a) The City of Chula Vista shall be named as loss payee. b) The insurer shall waive all rights of subrogation against the City of Chula Vista. DEEP SEWER MAIN AGREE,WENT ..6.dac lnJl06 5"'23 Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESU) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage McMillin shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors McMillin must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements included in these specifications. DEEP SEWER MAIN AGREEMENTv6.doc 1/25/06 sl.f2 4 COUNCIL AGENDA STATEMENT Item f( Meeting Date 02/14/06 ITEM TITLE: Resolution Authorizing The Mayor And City Clerk To Execute A Deed Granting Easements To San Diego Gas & Electric As Necessary For The Completion Of County Of San Diego Underground Utility District 96 SUBMITTED BY: City Engineer ~ \,,!\:~\\J City Manager Jf~ r~ (4/Sths Vote:_No...1LJ. REVIEWED BY: This request for an Easement Deed granting easements for electric facilities over a portion ofthe Chula Vista Municipal Golf Course (City-owned land) to San Diego Gas & Electric Company is required for the conversion of the utilities ITom overhead to underground along Bonita Road from Otay Lakes Road (Chula Vista city limits) to east of the Bonita Christian Center (Underground Utility District 96). RECOMMENDATION: That Council: Adopt the Resolution authorizing the granting of easements over City-owned land to San Diego Gas and Electric and authorizing the Mayor to execute the Easement Deed. BOARDS/COMMISSION: Not applicable DISCUSSION: The County of San Diego is converting utilities from overhead to underground along Bonita Road from Otay Lakes Road to east of the Bonita Christian Center. This project requires an underground easement and an easement for a pad mounted booster station. The booster station is currently on a pole, and thus must be relocated. The voltage for the transformers in the neighborhood southeast of Bonita Road and Central A venue operates on a different voltage, and requires a booster station. This site was chosen for the following reasons: . San Diego Gas & Electric's (SDG&E) experience has been that these are best located off the street where they are less visible to the community, but where tnlck access is still available if needed. . It helps avoid a future relocation of this equipment when Bonita Road IS improved, thereby averting a substantial outage to a large number of customers. This project also requires the installation of a new steel transmission cable pole in SDG&E's existll1g overhead easement to connect the new underground system for transmission to the existing overhead transmission system located across the golf course. The new steel transmIssion cable pole is strong enough to hold the tension of the wires without reqUlring addltlOnal guys wire and poles across Bonita Road and on the south side of Bonita Road. While more costly, these poles have substantially less visual impact than the installation of a wood pole because they don't require guy wires, or stub poles. 6-1 Page 2, Item !J. Meeting Date 02/14/06 Installing the booster station in the vicinity of the required cable pole will minimize visual Impact to the community as well. While the project is in the County adjacent to the City of Chula Vista, SDG&E and City staff believe the granting of these easements is in the overall best interest of the surrounding community. American Golf, operators of the golf course have been consulted and they are satisfied that these easements and facilities will not interfere with their operations in any way. While the City is under no obligation to dedicate these easements without compensation, staff has detemlined that the value of the easement is nominal and that the benefits of the undergrounding project outweigh any restrictions caused by the facilities. Additionally, staff has detennined that the proposed easement use is consistent with the permissible uses for this land. Staff therefore recommends that the easements be donated to SDG&E. FISCAL IMPACT: There is no fiscal impact to the City. The easement and facilities are consistent with the allowed uses for the site and will be maintained by SDG & E. Attachments: Easement Deed 6-2 Recording Requested by San Diego Gas & Electric Conipa.T\Y ATTACHMENT When rCGorded, mail to: San Diego Gas & Electric Company 8335 Centt\r;y Pmk C$u;t, Suite 100 San Diegp, CA 92123.1569 Altn: Rei!! Ej;tate Records - CPl JD SPACE ABOVE FORRECOR.DER'S USE Project Ni}.: ConSt. No.: A.P.N.: Sketch: 34064hOlO .2789330 593-240-24 Exhibit "1\" Transfer Ti\XNQne SAN DIEG<J GAS &: ELEC1'mC COMPANY EA.$EMENT CITY OF CHULA VISTA, hereinafter known as "Grantor"grants tQ SAN DIEGO GAS & ELEctRIC COMPANY. a corporation, "Gtant~", 3I1 easeroe;tttanP .right of way tgerCGt, construct, change the size of, improve, reconstruct, :relOcate, :repair. maintain and use futilities consisting of: (1) UndergroWld electric facilities, and appurtenances for the transmission and distribution of eJectricity, (2) Underground COmmtlniC!luon facilities, and appurtenances. together with the right of ingress thereto and egress therefrom oYer said easement and over other practi~al routes across Grantor's land situated in the County of San Diego, State ofcidifomia described as follows: A portion of Quarter Section 47 of Rancho De La Nacion, according to Map thereof No. 166, filed in the Office of the County Recorder of said County of San Diego, described in Parcels 2, 3, and 4 of a Deed recorded Februar;y 2, 1966 at Recorder's FileJP!lge No. 18791 of Official Records of said County of San Diego. The said easement in the aforesaid land shall be a strip of land, including all of the area lying between the exterior sidelines, which sidelines sball be three (3.00) feet measured at right angles, on each exterior side of each and every utility facility installed, the approximate lOcation being shown and delineated as "UTIUTY FACILITIES" on the Exhibit "A" attached hereto and made a part hereof. In order to provide adequate working space for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, park any vehicle, deposit any materials, plant any trees and/or shrubs within eight (8) feet of the front of the door or hinged opening of any above ground facility instalJed within this easement. 1 6-3 Grantor grants to Grantee the right to erect and maintain on Grantors property ~ja~ly adjacent to this easement retaining wallsand/or protective batricades as may be necessary for GI1U1tees purposes. . Grantor will exercise only such reserved rights in said land as willoot interfere with of prohibit the free and compJete use and enjoyment by Grantee, its s\l<:cesSQror assigns, of the rights hereby granted. Grantee sh,>!! have the right to assign any or all rights granted in this ea$ement in, WhoJe or in part it) othe!' companies proVil'lirtg utility or communication setviCe$, Grantee shall have the right to top, (:ut. remove, Dr trim intetferingplantS and ttees, andto keep sald easement ~fron1.andtoprevent anypers911, includmg Grantor anq sUCCeSS9rs and assigns, from eroctiQg. placing, 9f stpnM QI1 sail;! easement any Uam!TIl\ble or9tl1er hllczartis al1,Ql!f!y strUct1;lte$, obje'Ct$, ot earth filWcuts ototnet bbsttuCtiol15. T!Je.l~gal desi:;ription was, preP~tedPY i11e q,t qnc\et my dir\1qlion in cOl1fol'I11litite \lrith the ~~$~~~a~t~ n~~~~ rL ~4. ~c.......'.'.""'..'..."'" PeterC,00lding tS 4168 \ Dated CITY OF CHULA VISTA BY: BY: NAME: NAME: TITLE: TITLE: Prepared by: Checked: Date PDClSCB 10.20.05 2 6-4 STATE OF CALIFORi"iIA COUNTY OF SA,.~ DIEGO 55. On , befQre me (nam~, title of officer), appeared o personally known to me o proved to ~ on the basis of satisfactoty e'\li~nce to be the person(s} whose n~($) islare sub$e:ribed to the withiil ii1Strtl!l1ent I1nd acknowJedged to lj1e that he/she/they exee:utecithe san'!e in his/her/thei!' authopzcd cap:lbity(ies), andth;rt by hi.sIhet/their sigpature(s) on the instrument the petson(s), or the entity Upon behalf oc{ which the person(s) acted, eX\jCutl:\d thl:\ instrument WITNESS my hand and official seal. Signature 3 6-5 ! I ROS 7377 I PORTION OF 1/4 SEC. 47 OF RANCHO DE LA NACION MAP NO. 166 @.5.$3 24 NEW CABLE PM ~/STlN~ mE( PROPOseD s@. f>QLE ~ CHAIN UNK roICE I~ v' . 2Q' CHAIN UN/( GA TE --:----.------. ~~, --------------- .unarY FAClUlIES RjW ki g u7IarY rAC/UilES UNPA'.f1) PEDESTRIAN WI. Y --~._-------- Z89847' - - . EDGrOFfiAwENr BONITA ROAD .....-- - - EXHIBIT. '-A' P.D.C. FILE: 2975-70.DWG SDG&:f. JOB: PDC051129-000 DRWC REF: ROS 7377 SAN DIEGO, CAUFDRNIA DRIGINATOR: 01( TO INSTAI.L: LGD SURVEYED BY: R 01(: DRAWN BY: DATE: PDC MAL DATE: THOS. BROS. 11-4-2005 1310-H3 SCAlE: PROJECT NO. 340641-010 CONST. NO. 2789330 DRAWING NO. SAN DIEGO GAS & ELECTRIC BONITA ROAD 20A CONV. BONITA RD E/O OTAY LAKES RD BONITA, CA NONE NO. SUPPlEMENTS DATE: BY APP'D 6-6 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEED GRANTING EASEMENTS TO SAN DIEGO GAS & ELECTRIC AS NECESSARY FOR THE COMPLETION OF COUNTY OF SAN DIEGO UNDERGROUND UTILITY DISTRICT 96 WHEREAS, the City Of Chula Vista is the fee owner of that certain real property situated in the City Of Chula Vista, County of San Diego, State of California, identified as San Diego County Assessors Parcel No. 593-240-24; and WHEREAS, the County of San Diego is currently converting utilities from overhead to underground along Bonita Road from Otay Lakes Road to east of the Bonita Christian Center (Underground Utility District 96); and, WHEREAS, this undergrounding project is in the overall best interest of the surrounding community; and, WHEREAS, in order to complete this proj ect easements for utility purposes will be required by San Diego Gas & Electric across a portion of said City owned property; WHEREAS, the proposed easement is identified as attachment 1 to the agenda statement on file with the City Clerk NOW, THEREFORE, the City Council of the City OfChula Vista does resolve as follows: The Mayor and City Clerk are hereby authorized to execute a deed granting the herein described easement on behalf of the City of Chula Vista to the San Diego Gas and Electric Company. Presented by Approved as to form by Sohaib AI-Agha City Engineer /~ f;hJ/~ 6-7 COUNCIL AGENDA STATEMENT Item Meeting Date 7 02/14/06 ITEM TITLE: Resolution accepting bids and awarding a contract for the Traffic Signal Modification at the intersections of Bonita Road/Allen School Road and Fifth Avenue/L Street, (TF-3l7) project to T & M Electric dba Perry Electric and transferring funds therefore. REVIEWED BY: City Engineer?'t< City Manager;;r ~ lK (4/Sths Vote: Yes.x.. No_) SUBMITTED BY: Traffic signal modifications at the subject intersections were approved and budgeted as part ofthe FY 2005 Capital Improvement Programs (CIP Project No. TF-3l7). Tonight, Council will consider accepting the bids and awarding the contract for construction. In addition, Council will consider authorizing the transfer of funds to this project from the "Traffic Signal Left Turn Modification Program," (TF-337) project in the amount of$23,351. RECOMMENDATION: That Council adopt the resolution and authorize the transfer of funds. BOARDS/COMMISSIONS: Not applicable. DISCUSSION: Bonita Road/Allen School Road The traffic signal at the intersection of Bonita Road and Allen School Road is currently operating on a permissive left turn phase for all directions. Modification work planned for this signal includes the installation of new signal indications for the north and south direction, new video detection camera for the La Bonita condominium complex driveway, and a signal standard at the northeast corner. Although protected left turn phasing was originally planned for this intersection, it has been . eliminated because the intersection does not meet the warrants specified by current regulations and this idea may negatively impact the traffic flow characteristics along the Bonita Road corridor. Staff is working on a complimentary traffic signal interconnect CIP project along Bonita Road, !Tom Willow Street to Otay Lakes Road. This project will coordinate the existing traffic signals at Willow Street, Allen School Road, Billy Casper Way (at the new County Library entrance), and Otay Lakes Road with the goal of enhancing the traffic flow along said corridor. Fifth Avenue/L Street "L" Street is a four-lane class I collector street that mtersects Fifth Avenue, which is a class II collector street. This intersection is adj acent to Chu1a Vista High School located northeast of the subject intersection and to a private school (Southern Christian Schools, Inc) located at the southeast comer. The existing traffic signal operates on a fixed timing plan. The proposed improvements for 7-1 Page 2, Item Meeting Date 02/14/06 1 this intersection include the replacement and/or addition of signal standards, indications, pedestrian push button, video detection, internally illuminated street name signs, wiring, and striping. On January 4,2006, bids were received from the following contractors: -.-=- C:ontra~t()!"......._._...__._........ .j ..... ,I-li<!AII1ollllt_.____. T 8cM...~le~~r:ic,lI1c:.d.ba__P_erry.~.~ect~c . (~aI1t~.~~,L\)....._i_. ..__.....__.~~l~,~}~.....__.. ........ .! !, I:J:.t"f.?c::o~st~Ll~ti?n,.IJ:t~~.IE<:'~~e.~.(~a121\1:a!~<J.S,_c::~2_____' ______. "_.~~~?,?2~.._.____ I .?ll t~e~li12c:<:,n_t.r.a~!i.n.!S,__(EJ.~.'0.<:'?!.C::!__). ..____ .. .......__.:. .._..~}~~'.~~~..___.__ . Lekos Electric, Inc. (El Cajon, CA) i $132,650 , .,~'""'._"_.,..~'~"""'""'"..,."'".",."'"'O,.,_'"."""'''_',.,.,.=,"'_"',...""....,,'__.,..".~..,.,,'..o."mru"""'..=m""'~~'""="""'=~"'"..""'"'*"',,..""",;'"'".;."'.."'=~.,"''''"".e.o.m~h=,"mo""="="m='"=="=""'''O''"-'''"''ru'''~rn''"'''''''''~,""-o''''''''"w...~.,,,,,,,".,,,,,,,~,.,.,,,,..." The low bid submitted by T & M Electric, Incorporated is lower than the engineer's estimate of $130,250 by $1 0,840 (9 %). T & M Electric, Incorporated dba Perry Electric is currently installing a traffic signal at the intersection of East Naples Street and Oleander Avenue in the City and has completed three traffic signal modifications in 2003 along Otay Lakes Road intersecting at Allen School Lane, Surrey Drive, and at Avenida Del Rey with satisfactory performance. FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (T & M Electric, Incorporated dba Perry Electric) $ 119,410 B. 10% Contingencies $ 11,941 C. Staff Cost; Desi!ffi; Insoection $ 40,000 I TOTAL FUNDS REQUIRED FOR CONSTRUCTION $ 171,351 1) Includes $33,436.17 already spent as of 12/31/05 T~~~~'"=""~-='=''''''''''''''''''''''''''''''='=''''''''''''""~T'''''''''''__'''m,"""",="="""",,,,==,"""""""""=.....="'.........""_""""""=-""""..'..'""""""""""'_..,ru~.......'".""''''."''"'="...,,==''''',...'''.,..-="""'''"''''''.''''="''f 'i FUNDS AVAILABLE FOR CONSTRUCTION I .:------....-------.----------------------- ---------------------r;;;-.---------.-~ ii A. Approved Traffic Signal Fund Financing I $ 148,000 Ii j B. Transferred Funds fromTF-337 i $ 23,351 , ~TOTAL F'UNDS'A V AlLABLE''FOR cONsTRTi'cTIoN'----.-------.!i------Tii,351.--1 !;"..."""''''''''''''''''''''''"''''''''''"''''''"".";''....~..~m'''ru'''"'.,=...,,..,,,.,"',.,"""""...,.,""........"....."'...'..m..."'....""=","'''',_"'==,.",..''',''',,,,.."'''''''"''''="..._'""''''''''''"'......"''"'.'""'.,,"'.'''"..~;.,,''''''''''''''''..,,''''''''''''''''"j"'''""=",.",,,,,,",,,,,,,,,,",,,_,,,,,,~,,w.w",w,ru,,",""u,",""'_,' The above table shows that additional funding in the amount of $23,351 (about16% of the original cost estimate of$148,000) is required for completion ofthe project. This increase is due to material cost increases of $4,915 since November 2002 when the original cost estimate was prepared and approximately $18,436 of additional staff time required during the design phase. In addition, the initially planned loop detection was upgraded to video detection according to current design practice. Although this approach results in a higher initial construction cost, this will be offset by considerable lower maintenance/operation costs in the long nm. The Traffic Signal Left Turn Modification Program (FY 2005/06 CIP project No. TF-337) was approved by Council with total funding of $200,000 ($100,000 per year in FY2005 and FY2006). This CIP typically funds two intersections per fiscal year. Work completed to date was for a left hIm 7-2 Page 3, Item Meeting Date 02/14/06 1 phase for Main Street at Melrose A venue at a cost of approximately $6,000. Other eligible locations are cUlTently being evaluated. It is anticipated that even with the transfer of $23,351, the remaining balance of$70,649 will be sufficient to complete at least two more intersections that require minimal work or one intersection that may require more substantial upgrades. Disclosure Statement: The Contractor's Disclosure Statement is provided as Attachment 2. Environmental Status: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 ofthe State CEQA Guidelines. Thus, no further environmental review is necessary. Conflict of Interest: None ofthe Council members owns a property within 500' of the intersections of Bonita Roadl Allen School Road and Fifth Avenue and L Street. FISCAL IMPACT: Approval ofthe proposed resolution will authorize the transfer of Traffic Signal funds in the amount of $23,351 from TF-337 to TF-317 to complete this project. Upon completion of construction, nonnal annual signal energy and preventive maintenance costs are estimated to be $1,000 for both intersections. Attachments: Attachment 1: Scope of Work Summary for projects TF-3l7 Attachment 2: Contractor's Disclosure Statement Attachment 3. Capital Improvement Detail Sheets J:IEl1gil1eerlAGENDA ICAS2006\02-/4-06ITF3/7 A //3.mlcm.doc 7-3 Attachment 1 Scope of Work Summary Proiects TF-317, Furnish and Install: . Traffic Signal Standards on New Foundations . Mast Arms . Signal Light Emitting Diode (LED) Indications . Luminaires . Pedestrian Push Button . Video Detection System . Pull Boxes . Internally Illuminated Street Name Signs (IISNS) . Signs · Conduits . Wiring . Striping . Traffic Control Other Work: . Grinding/Sandblasting and Resurfacing Pavement on Conflicting Striping and Legends . RelocationlReplacement of Existing Improvements per plan . Removal and Salvage of Existing Improvements per plan . Protection, Restoration, Removal and Disposal of Existing Conflicting Improvements . Construction of all Appurtenances and other Miscellaneous Work Necessary to make the Traffic Signal Systems Complete and Operational 7-4 ATTACHMENT 2.. CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ~I>I\ ~ lrJL..~ ~"!.f Y~1-c.- 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. ~ct>?~ .?~W~ ~?~''4>~./~ I 3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ~ 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. t-X>oI'fi 5. Has any person' associated with this contract had any financial dealings with an official"~ of tJ;!;.- City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No~ 15 IICitywide2000lhomelEngineerlTrafficlACAD DwgslCIP PROjE_cgSITf-3 I 7lTF-317SpecsFinal.doc If Yes, briefly describe the nature of the tinancial interest the official** may have in this contract. 6. Have you made a contribution of more than $25j}-within the past twelve (12) months to a current member of the Chula Vista City Council? No~ Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official ** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No / If Yes, which official** and what was the nature of item provided? Date: 1- ~ -C> C: Signature of Contractor/ A icant *'-'~~, f'~ L ~ - ~ . Print or type name of ontractor/ Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 16 \\Citywide2000lhome\Engineer\TRAFFICIACAD Dwgs\CIP PROJEcrS\Tf-317\TF-317SpecsFinaLdoc 7-6 '" c: t:J " m -; m ." ." m " ;:I :>- ~ ~ c "- ~ "C n i'. o' ~ "- ~ "" s ~ g" n ~ ~ ~ n n n ~ o " ~ n n 50- 3' ~ o "" ;; a- n ... "0 o o '" o 6' ~ a- ~ 5- S' o ii Po o' ~ ,. '" :;! -; c: '" '" " :I: m a c: r Z " '- c: en -; 'ii o > -; o ;:: '-'-..., ';;;t;;; ~g~ '" -, =:0 i' ~ E..~~ t-'~e.. 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'" "" E' 3 3 o -< 3 n 3 "- " ~ ciQ' = "- N' a> 0. ~. 1:i n "- o' p < n z ~ ;: >- :!' 7-8 ~ ::!! :t! r- E:o :g~ 0-< n:i~ 3:0 ~~ c;j!; :gS ocn Ci)~ ~ 3: t:J I'll :t! j:: RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE TRAFFIC SIGNAL MODIFICATION AT THE INTERSECTIONS OF BONITA ROAD/ALLEN SCHOOL ROAD AND FIFTH AVENUE/L STRET (TF-3l7), TO T & M ELECTRIC, INCORPORATED DBA PERRY ELECTRIC AND TRANSFERRING FUNDS THEREFORE WHEREAS, on January 4, 2006, the City Engineer received sealed bids for the Traffic Signal Modification at the intersections of Bonita Road/Allen School Road and Fifth Avenue/L Street (TF-3l7) project; and WHEREAS, four contractors submitted bids to perform the work as follows: Contractor .. . T &M Electric, Inc. dba PelTY Electric (Santee, CA) HMS Constmction, Incorporated (San Marcos, CA) Sutherlin Contracting, (El Cajon, CA) Lekos Electric, Inc. (El Cajon, CA) Bid Amount ..~_._---,---,_._-----_.~-~-----.._._- $119,410 $125,979 $129,894 __. _..__ ......_. ,.____ ____________..._ _.._.."... _....-0.. ____. $132,650 WHEREAS, staff has reviewed the low bid submittals and recommends awarding the contract to T & M Electric, Incorporated dba Perry Electric in the amount of$119,410; and WHEREAS, T & M Electric, Incorporated dba Perry Electric has recently installed a traffic signal projects in the City with satisfactory performance; and WHEREAS, the traffic signal at the intersection of Bonita Road and Allen School Road is currently operating on a pennissive left turn phase for all directions and signal modification includes the installation of new signal indications for the north and south direction, new video detection camera for the La Bonita condominium complex driveway, and a signal standard at the northeast corner; and WHEREAS, L Street is a 4-1ane class I collector street that intersects Fifth Avenue, which is a class II collector street; the existing traffic signal is Cll1Tently operating on a fixed timing plan and modification work includes the replacement and/or addition of signal standards, indications, pedestrian push button, video detection, internally illuminated street name signs, wiring, and striping; and WHEREAS, an additional funding in the amount of $23,351 is required for the completion of the project due to higher material cost increases of $ 4,915 since November 2002 when the original cost estimate was prepared and approximately $18,436 of additional staff time required during the design phase, and the addition of initially planned loop detection-upgraded to video detection; and 7-9 WHEREAS, upon completion of construction, normal annual signal energy and preventi ve maintenance costs are estimated to be $1,000 for each intersection; and WHEREAS, the Envirornnental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quahty Act and has determined that the project qualifies for a Class I categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further envirornnental review is necessary. NOW, THEREFORE, be it resolved the City Council of the City of Chula Vista does hereby accept bids and award the contract for the Traffic Signal Modification at the intersections of Bonita Road/Allen School Road and Fifth Avenue/L Street (TF-317) in the amount of $119,410 to T & M Electric, Incorporated dba Perry Electric and authorizes the transfer of traffic signal funds from the Traffic Signal Left Turn Modification Program (TF-337) to the TF-317 project in the amount of $23,351. BE IT FURTHER RESOLVED that the Mayor of the City of Chu1a Vista is hereby authorized and directed to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by Sohaib AI-Agha City Engineer . . 7-10 COUNCIL AGENDA STATEMENT Item 8 Meeting Date 02/14/06 ITEM TITLE: Resolution granting a 24-foot-wide private access and utility easement over City-owned property to the Ballow Family Trust (10-23-90), owner of a landlocked parcel located north ofthe intersection of First Avenue and D Street and authorizing the Mayor and City Clerk to execute said easement. SUBMITTED BY: City Engineer ~ City Manager 11 .t'0- pI< (4/Sths Vote: Yes_NoX) REVIEWED BY: The City has received a request for an easement to access a landlocked parcel located north of the intersection of First A venue and D Street. The application was submitted by Ms. Sherry Waite, agent for the Ballow Family Trust. This parcel is adjacent to two parcels for which the City granted a similar easement in July ofthis year. Before this property can be developed it must have legal access to a public street in the form of a private access and utility easement over the adjacent property owned by the City. RECOMMENDATION: That Council adopt the subject resolution granting a 24-foot-wide private access and utility easement over City-owned property to the Ballow Family Trust owner of a landlocked parcel located north ofthe intersection of First Avenue and D Street and authorizing the Mayor to execute the easement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. There are a total of six residential zoned landlocked parcels located just north of the intersection of First A venue and D Street (see Exhibit "A"). To access these parcels from a public street, it is necessary to cross two privately owned properties at 99 D Street and 83 Minot Avenue, as well as a City-owned parcel that is 40-feet wide by approximately 840-feet long. The City's parcel is also landlocked except for a sewer easement over the property at 99 D Street. There is an existing eight-inch sewer main that nms from First A venue, across 99 D Street and continues along the City-owned parcel north to a connection point at the Spring Valley Interceptor. One ofthe six landlocked parcels at 89 First A venue, closest to D Street has an existing residence with legal access easements to a public street. Recently, the City granted an easement to Mr. Edgar Herrera, owner of two of the six landlocked parcels. As a condition of granting the easement the City imposed conditions on Mr. Herrera. These conditions will also be required of the Ballow Family Trust. They are as follows: I) Provide proof, by means of recent Preliminary Title Reports from the properties in question, that the parcels are indeed landlocked and do not possess any legal means of access to a public street. 2) Provide evidence in the form of recorded private access and utility easements from the two private residences at 99 D Street and 83 Minot Avenue to all five of the vacant landlocked parcels to ensure that development of any one of these parcels will not exacerbate the landlocked status of the other parcels. [-I Page 2, Item Meeting Date 02/14/06 s 3) Execute an Irrevocable Offer of Dedication (100) for Street and Public Utility Purposes overtbe parcel frontage in a width suitable for future public street dedication. 4) Enter into a Deferral Agreement with tbe City and provide sufficient security for the future installation of public street improvements along the subject parcels. 5) Install improvements over the easement area in the form of asphalt paving, drainage and a fire hydrant, all to the satisfaction of the City Engineer in order to provide emergency access and fire protection and to protect City property and the existing public sewer main. The applicant has satisfied or has committed to satisfy each of these requirements. If Council concurs with tbe above listed requirements and approves granting tbe private easement over the City-owned parcel, the City's Engineering Department will ensure that all requirements are met prior to recording the easements and approving any subsequent building permits. The private easement document has been reviewed by the City's Engineering Department and approved by the City Attorney's office (see Exhibit "B"). FISCAL IMPACT: There is no cost to the General Fund. Exhibit: A - Area Plat J :\Engineer\AGENDA \C AS2006\02~ 14-06\ Waite easmt.doc p,.J- .4f ~ ~ ~ s //~- \ \ ---- o W....J Zw $0 00:: >-<( 1-0.. o \ \ '\ I I- o $ b -.;t ~ ~~I!I~~ ~j1j6~ . ~ rJ.I Q ~ . .;: ~ 112 '"' ... ~ @) 112 - II) U '"' cd ~ "d II) ~ U o :a s:: w cd >=' ..;1 F cij UJ b z ::;j UJ ~ o UJ fY <1: ~ - ~ " a. RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A 24 FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT OVER CITY OWNED PROPERTY TO THE BALLOW FAMILY TRUST (10-23-90), OWNER OF TWO LAND LOCKED PARCELS LOCATED NORTH OF THE INTERSECTION OF FIRST AVENUE AND D STREET WHEREAS, the City of Chula Vista is considering granting a 24 foot wide private access and utility easement to the Ballow Family Trust, owners of two land locked parcels (San Diego Assessor's Parcel No's. 566-131-02 and 03) located north of the intersection of First Avenue and D Street; and, WHEREAS, the aforementioned private access and utility easement was requested by the owners in order to allow residential development of their property, and, WHEREAS, the Engineering Department cannot approve building permit applications for the owners until the subject parcels have legal access to a public street; and, WHEREAS, the City has imposed a series of standard conditions for the granting of this easement that the Owners have satisfied or agreed to satisfY; and, WHEREAS, in order to grant private easements over City owned land, Council must adopt a resolution approving the easement and the Mayor must execute said easement. NOW, THEREFORE, BE IT RESOLVED that after consideration, the City Council of the City of Chula Vista does hereby approve the 24 foot wide private access and utility easement over City owned property to The Ballow Family Trust to provide access to the two herein described landlocked parcels located north of the intersection of First Avenue and D Street. Presented by Approved as to form by Sohaib Al-Agha City Engineer ~h r()~ C:\Documents and Settings\cynthiam\Local Settings\Temporary Internet Files\OLK14\Pvt Esmnt to Ballow (Waite ).doc p---;L COUNCIL AGENDA STATEMENT Item Meeting Date 2/14/06 q ITEM TITLE: Resolution of the City Council of the City of Chula Vista accepting a grant from SANDAG's Pilot Smart Growth Incentive Program; and amending the FY2006 Capital Improvement Program (CIP) budget by appropriating $375,000 in matching funds for the Palomar Gateway Community Transit Focus Area proj ect. SUBMITTED BY: Director of Planning & Building Idfrb City Engineer ' r Director of General Services ~I REVIEWED BY: City Manager !I .~ J1f; (4/5ths Vote: Yes -X...No~ BACKGROUND: The City has been awarded a $2,000,000 grant from SANDAG's Pilot Smart Growth Incentive Program to enhance the Palomar Gateway District streetscape at Palomar Street and Industrial Bou.~evard. The grant funds will become available upon execution of a contract with Caltrans; however, staff is prepared to proceed with preliminary project activities which can be funded with $375,000 in available matching funds. The matching funds were committed to the project by City Council on June 14, 2005 (Resolution 2005-195). RECOMMENDATION: That Council adopt the resolution: . Accepting a $2,000,000 grant from SANDAG's Pilot Smart Growth Incentive Program; and . Amending the FY2006 Capital Improvement Program (CIP) budget by appropriating into the Palomar Gat~way Community Transit Focus Area Project, $200,000 in State Gas Tax funds, $50,000 in Transportation Development Act (TDA) funds, and $125,000 in State & Local Transportation Partnership Program (SLTPP) funds. BOARDS/COMMISSIONS: N/A DISCUSSION: From the 1-5 corridor, City residents and visitors enter Chula Vista via the major arterial- Palomar Street - which extends to the eastern territories of the City. The Palomar Gateway District is located on the south and north sides of Palomar Street between 1-5 and Industrial Boulevard. Portions of this district are in the Southwest Redevelopment Area. Within the Palomar Gateway District, street improvements are planned as part ofthe Palomar Gateway Community Transit Focus Area Project. The proposed project can be viewed as the initial phase of a larger development strategy to guide the development of the Palomar Gateway District neighborhoods identified in the General Plan Update. This initial phase consists primarily of street improvements along Palomar Street and Industrial Boulevard, intended to frame planned residential and commercial development (in 2006, 400 new multi-family units are proposed for development within the project area). The project will not only promote development efficiency but will encourage use of local and regional transportation by 9-1 Page 2, Item 9 Meeting Date 2/14/06 enhancing pedestrian access to the existing transit station at Palomar Street and Industrial Boulevard. Improvements to the project area will include a new transit station plaza connected to the trolley station platform, limited commercial amenities to serve commuters, enhancements to the intersection at Palomar and Industrial, new or upgraded pedestrian and bicycle facilities, and beautification of the Palomar Gateway corridor between 1-5 and Industrial Boulevard. Landscaping is also planned for Industrial Boulevard. . Project Funding: The total funds available for the project are $2,375,000. On June 24, 2005, the City applied for and was awarded a competitive $2,000,000 grant from the Pilot Smart Growth Incentive Program through the San Diego Association of Governments (SANDAG). The grant program required the commitment of a minimum 11.47% City match. In order to be more competitive, staff recommended a higher match of 15.8% ($375,000), which was approved by Council (Resolution 2005-195). Funds from the Pilot Smart Growth Incentive Program will be administered by the Department of Transportation (Caltrans). Funds have been appropriated into the State budget effective October 2005, and in early Spring 2006 the California Transportation Commission (CTC) will obligate the $2,000,000 grant funds to the Palomar Gateway Project. At that time, staff will return to Council with a resolution to execute a contract with Caltrans and appropriate the grant funds into the project for FY 2007. Upon notification from Caltrans, construction will commence. Grant funds will then be paid to the City on a reimbursement basis as construction costs are incurred. Construction is estimated to begin in early FY 2007 and be completed in eight months. The grant's performance period allows three years for completion. At this time, it is proposed that the available City match funds ($375,000) be utilized for preliminary project costs associated with urban design, preliminary engineering, base mapping, construction drawings, right of way, and to begin the environmental process. Staff will also develop a detailed scope of work, phasing schedule, and precise project costs to construct the project as initially proposed. If the cost exceeds the available funding, certain improvements will be phased over the grant performance period, and additional funding sources would be identified to complete the proj ect. FISCAL IMP ACT: There is no impact to the General Fund from this action. If the resolution is adopted, $375,000 will be appropriated into the new Palomar Gateway Community Transit Focus Area CIP project (STL-280) as follows: $200,000 from the available balance of the State Gas Tax Fund, $50,000 in unallocated Transportation Development (TDA) capital improvement funds, and $125,000 in unallocated State & Local Transportation Partnership Program (SL TPP) funds. Early in FY 2007, staffwill return to Council with a resolution to appropriate the $2,000,000 in Pilot Smart Growth grant funds into the project. Attachments: Notification of grant award Resolution 2005-195 9-2 NOTIFICATION OF GRANT AWARD ----SANDAG ::PROJECTS:: San Diego's Regional Planning Agency ($J:I!'!!!tf:Y,' f;':wprciJ.::rn\-t" L<:nd t:~,.' (_i! R..:l;i 1<1\ ! G \'{\~: (~(;' j;t;; Smart Growth Incentive Program lncorporating smart growth designs into new development i~ paying off for a number of cities and communities throughout the region. InSeptember'200S,_S'AN[)AC;.appro\o'ed.14 I()cal projects to-receiVe $19mHlion in funding a~'part-ofthe'agency's.,pnotSrhart Growth-Incentive Program. This Innovative pilot program is based on the SANDAG Regi~)OaJ Compn:~hen$i\!e Plan (RCP) - using funding Incentives to encourage coordinated regional planning to bring transit service, housing, and employment together in smart growth development. There is a $2 mIllion cap per project. Beginning In 2008, a langer-term, smart growth Incentive program, totaling $~80 million. will be funded through the local TransNet half-cent sales tax program. The smart growth projects in-line to share in the $19 million include: ., University Avenue Mobility Project, CIty of San Diego - Improvements along the University Avenue trans!t corridor such as pedestrian pop-outs; new and upglQded traFfic sIgnals and street signage; enhanced pedestrIan crossings with in~pavement flashers; and new bike nIcks. Grant amount: $2 million. . Park Bou!evard at Harbor Drive Pedestnan Bridge, Centre City Development Corporation - Construction of a pedestrian bridge over Harbor Drive in the East Village Ballpark District. Grant amount: $2 million. . Grossmont Trolley Station Pedestrian Enhancements, City of La Mesa and Metropolitan Transit System - Pedestrian improvements at the station such as elevators and stairs to a bridge that will allow pedestrians and transit users to safely access nearby employment and entertainment centers. Grant amount: $2 million. . Washington and Goldfinch Intersection Pedestrian Improvement Project, City of San Diego - Pedestrian pop-outs, enhanced crosswalks and sidewalks, lighted boJlards, trees, landscaping, transit shelter, bike racks, upgraded traffic signals, and enhanced medians. Grant amount: $684,000, . Bird Rock TraFfic Management Plan, City of San Diego - Improvements in the La Jolla Bird Rock neighborhood such as modern roundabouts, a raised landscaped median, diagonal parking, new pedestrian crossings and sidewalks, and transit facility improvements. Grant amount: $2 million. . ParomarGateway Community. Transit: Atea Project, City of Ctlula Vista -- Street enhancements along Palomar Street and Industrial Boulevard andimprO\lements tothe Palomar Transit Station and its surroundings. Grant amount: $2m!lJion. . Fountain Plaza Promenade, NatIonal City - Construction of a central square for outdoor markets and fairs complete with fountain, streetlights, landscaping, benches, and bicycle facilities. Grant amount: $258,000, . Allison Avenue-University Avenue Pedestrian Ennancements, CIty of La Mesa - Improvements to the pedestrian environment along Allison and University Avenues http://www.sandag,org/index.asp?projectid=2 64& fuscaction=projccts.detail ----- -- 9-3 Page 1 of2 ,'"iEFlFlOH [Enter Keyword - -~ Programs ~:.'" L",.r. US'2 ~,nc (;II)'N!.!; C,)1t;!!!i1;11~i Growth ~[Jr l"1"i'Jt1sport;atie H,ot:sioQ Economics ar Environment SOl"dr:r'o; PubJk Safety Resource: Deli\ogr<lp.hi( Oat,a Mtlps <"Hld GI~ Publications Services Public Intern S(!rvrce, Burc; Ridclin1< 1'=,1sTI";1;, EmailNeW': Enter E.maill Subscribe Vj~w n~wsh:: 10/12/2005 ._----..-.- RESOLUTION NO. 2005-195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE PILOT SMART GROWTH INCENTIVE PROGRAM THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FEDERAL SURFACE TRANSPORTATION FUNDS FOR THE PALOMAR GATEWAY COMMUNITY TRANSIT AREA PROJECT; CERTIFYING THE COMMITMENT OF MATCHING LOCAL FUNDS; AND STATING THE ASSURANCE OF THE CITY OF CHULA VISTA TO. COMPLETE THE PROJECT WHEREAS, $17 million of federal Transportation Enhancement (TE) program funds are available to local jurisdictions through the Pilot Smart Growth Inventive Program (SGIP) in Fiscal Years 2006-2009; and WHEREAS, the City of Chula Vista wishes to receive $2 million in SGIP funds for the Southwest Palomar Community Transit Area Project; and WHEREAS, federal funding requires the commitment of necessary local matching funds of at least 11.47%; and WHEREAS, the City understands that the federal funding through the SGIP program is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded through the SGIP program; and WHEREAS, the City understands that the funds must be obligated by June 30, 2009 for SGIP capital projects, or the project funding may be rescinded. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: I. Authorize the filing of an application for local assistance funds through the San Diego Association of Governments (SANDAG) and Caltrans for $2 million in Pilot Smart Growth Inventive Program funding for the Palomar Gateway Community Transit Area Projec.t; and 2. Certify that the City has available, prior to commencement of any work on the projects, the required match (up to $375,000); and 3. Provide assurance of the City ofChula Vista to complete the project. 9-4 Resolution No. 2005-195 Page 2 BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to SANDAG. Presented by Approved as to form by andoval ing and Building Director ~Q{\\\ ~'(~\)."'^ Ann Moore City Attorney ~c'~~ S'ohaib Al-Agha City Engineer PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of June, 2005, by the following vote: AYES: NAYS: ABSENT: Councilrnembers: Castaneda, Davis, McCann, Rindone and Padilla Councilrnembers: None Councilmembers: None sS2~~ ATTEST: '-:~JA6d~~O ~15'I" Ige ow, , Ity C \ J STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2005-195 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of June, 2005. Executed this 14th day of June, 2005. ~~;,~lt~,~:<(--LD~ .-.... ----..-- ,-~ -- 9-5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCil OF THE CITY OF CHUlA VISTA ACCEPTING A GRANT FROM SANDAG'S PilOT SMART GROWTH INCENTIVE PROGRAM; AND AMENDING THE FY2006 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $375,000 IN MATCHING FUNDS FOR THE PALOMAR GATEWAY COMMUNITY TRANSIT FOCUS AREA PROJECT. WHEREAS, on June 24, 2005, the City of Chula Vista applied for and has been awarded a $2 million grant in Pilot Smart Growth Incentive Program funds through the San Diego Association of Governments (SANDAG) for the Palomar Gateway Community Transit Focus Area Project; and WHEREAS, on June 14,2005, City Council adopted Resolution 2005-195 committing a local match of $375,000 for the project; and WHEREAS, the City understands that funds from SANDAG'S Pilot Smart Growth Incentive Program will be administered by the California Department of Transportation (Caltrans); and WHEREAS, the $2 million grant funding will become available to the City of Chula Vista for project cost reimbursements in approximately July 2006; and WHEREAS, staff is prepared to proceed with preliminary activities including urban design, preliminary engineering, base mapping, construction drawings, right of way, and to begin the environmental process; and WHEREAS, staff proposes to use the available City match of $375,000 to fund those preliminary activities; and WHEREAS, the $375,000 City match is composed of contributions from the available balance of the State Gas Tax fund ($200,000), the Transportation Development Act (TDA) fund ($50,000), and the State & local Transportation Partnership Program (Sl TPP) fund ($125,000); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Accept a $2,000,000 grant from SANDAG'S Pilot Smart Growth Incentive Program; and 9-6 2. Amend the FY2006 Capital Improvement Program (CIP) budget by appropriating into the Palomar Gateway Community Transit Focus Area Project, $200,000 in State Gas Tax funds, $50,000 in Transportation Development Act (TDA) funds, and $125,000 in State & Local Transportation Partnership Program (SL TPP) funds. Presented by Approved as to form by Jim Sandoval Director of Planning and Building 80haib AI-Agha City Engineer Jack Griffin Director of General Services 9-7 COUNCIL AGENDA STATEMENT Item JfL Meeting Date 2/14/06 ITEM TITLE: Resolution Amending the FY05-06 budget by appropriating $595,000 in the Fleet Management Fund for fuel price increases based on available reserves in the Fleet Management Fund; and appropriating $215,000 in the Transit Fund to reimburse the Fleet Management Fund for CNG fuel price increases SUBMITTED BY: Director of Public Works Operations ,~ City Manager f ~'- rR '. (4/5ths Vote: Yes..x... No ~ REVIEWED BY: In September of2005, staff sent an Information Item to Council indicating that Central Garage's budget would need to be adjusted prior to the end of the current fiscal year (FY06). Due to sharp fuel price increases during the summer, combined with the Gulf States' flooding and damage to oil production due to Hurricanes Katrina and Rita, Central Garage is returning to Council for a budget adjustment, as fuel prices have increased substantially over the amounts that were budgeted. RECOMMENDATION: That the Council adopt the resolution amending the FY05-06 budget by appropriating $595,000 in the Fleet Management Fund for fuel price increases based on available reserves in the Fleet Management Fund; and appropriating $215,000 in the Transit Fund to reimburse the Fleet Management Fund for CNG fuel price increases BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: Fuel prices in the FY06 Central Garage budget, for unleaded gasoline and diesel, were based on an estimate of $2.15 per gallon. In comparison, the average price paid for fuel in FY03, FY04, & FY05 was $1.34, $1.55, and $1.96 respectively. For FY06, the average price paid for fuel through the end of December was $2.44 per gallon; $3.30 per gallon was the highest price, and $1.92 per gallon was the lowest price. The fuel budget was based on usage of 520,300 gallons; and 213,000 gallons have been purchased. The price of fuel is anticipated to increase to an average price of $2.62 per gallon, thereby requiring a budget adjustment of $380,000 to cover fuel costs for the current fiscal year. In addition, CNG fuel utilized by the Transit fleet was budgeted at an average cost of $1.00 per thermo The average price paid for CNG through the end of December was $1.21 per thermo 10-1 Page 2, Item _ Meeting Date 2/14/06 However, the price of CNG is anticipated to increase to $1.42 per therm, thereby requiring a budget adjustment of $215,000 to cover CNG fuel costs for the current fiscal year. The total appropriation to the Central Garage's budget is $595,000 to cover this cost increase. Of this amount, $215,000 will be offset by reimbursements from the Transit budget for the purchase ofCNG. FISCAL IMPACT: The Central Garage's budget is an internal service fund in which funds must be expended from other departments in order for the section to operate and purchase capital items for equipment maintenance. Appropriations to fund Central Garage must be made in two places. The first place is an appropriation to Central Garage to authorize expenditures for supplies, services and capital items. The second appropriation (which in total is the same as the amount for Central Garage) is made to each division so that they can be charged for vehicle usage. Funds are collected on an annual basis through each affected department's operating budget. The total appropriation to the Fleet Management Fund is $595,000 to cover the fuel cost increases. Of this amount, $215,000 will be offset by reimbursements from the Transit budget for the purchase of CNG. The remaining $380,000 will be covered by available reserves from the Fleet Management Fund. Therefore, there is no impact to the General Fund. Attachment: Information Item dated September 28, 2005 C:\!)Qcwnenl> and Settings\robertblMy Documeot>lBoblAl13 Fuel Appropriation FY06(b).doc 10-2 INFORMATION ITEM September 28. 2005 TO: The Honorable Mayor and City Council ,2 Da,id D: R~\\'lands, Jr., City l\v!alla~er .'..' ;(j.; Uave Byers, Director of Public Works Operationv y Fuel price increases due to Hurricanes Katrina and Rita VIA: FROM: SUBJECT: Based on the Gulf States' flooding and damage to oil production due to Hurricanes Katrina and Rita, combined with sharp price increases during the summer, Central Garage will need to return to Council to adjust their budget, which in turn will require adjustments to the various departmental budgets that ha\'e ,ehicles. However, we won't be able to assess the full impact on the budget until we see where the prices will be long term. As a result, staff plans to go to Council in January or February to amend Centra! Garage's budget once we have better inforn1ation regarding where nle! prices might end up at fiscal year end. In the meantime, we' Il continue to monitor fuel prices as compared to the budget as the year progresses. rdb C:\Documents and Settings\robertb\My Documents\Bob\Info Item for Fuel Prices.doc 10-3 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 05-06 BUDGET BY APPROPRIATING $595,000 IN THE FLEET MANAGEMENT FUND FOR FUEL PRICE INCREASES BASED ON AVAILABLE RESERVES IN THE FLEET MANAGEMENT FUND; AND APPROPRIATING $215,000 IN THE TRANSIT FUND TO REIMBURSE THE FLEET MANAGEMENT FUND FOR CNG FUEL PRICE INCREASES WHEREAS, in September 2005, staff sent an Information Item to Council indicating that Central Garage's budget would need to be adjusted prior to the end of the current fiscal year (FY06); and WHEREAS, due to short fuel price increases during the summer, combined with the Gulf States' flooding and damage to oil production due to Hurricanes Katrina and Rita, Central Garage is returning to Council for a budget adjustment, as fuel prices have increased substantially over the amounts that were budgeted; and WHEREAS, fuel prices in the FY06 Central Garage budget, for unleaded gasoline and diesel, were based on an estimate of$2.15 per gallon. For FY06, the average price paid for fuel through the end of December was $2.44 per gallon, with $3.30 per gallon being the highest price paid per gallon and $1.92 per gallon being the lowest price paid per gallon; and WHEREAS, the fuel budget was based on usage of 520,300 gallons, and 213,000 gallons have been purchased. The price of fuel is anticipated to increase to an average price of $2.62 per gallon, thereby requiring a budget adjustment of$380,000 to cover fuel costs for the current fiscal year; and WHEREAS, CNG fuel utilized by the Transit fleet was budgeted at an average cost of $1.00 per thermo The average price paid for CNG through the end of December was $1.21 per therm; and WHEREAS, the price of CNG is anticipated to increase to $1.42 per them, thereby requiring a budget adjustment of $215,000 to cover CNG fuel costs for the current fiscal year; WHEREAS, the total appropriation to the Central Garage's budget is $595,000 to cover this cost increase. Of this amount, $215,000 will be offset by reimbursement from the Transit budget for the purchase ofCNG. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the FY 05-06 budget by appropriating $595,000 in the Fleet Management Fund for fuel price increases based on available reserves in the Fleet Management Fund; and ~ 10-4 Resolution No. 2006- Page 2 BE IT FURTHER RESOLVED, that the City Council does hereby appropriate $215,000 from the Transit Fund to reimburse the Fleet Management Fund for NCG fuel price increases. Presented by Approved as to form by Dave Byers Public Works Director ~~~~~~~ Ann Moore City Attorney J:\Attomey\RESO\FINANCE\Amend FY 06 Centra1 Garage Budget.doc 10-5 "J COUNCIL AGENDA STATEMENT Item Meeting Date I! 2/14/06 SUBMITTED BY: Resolution approving an Uncontrolled Embankment (temporary dirt stockpile) Agreement between the City of Chula Vista, the Otay Ranch Company, and McMillin Land Development, and authorizing the Mayor to execute said Agreement. VIL" City Engineer ,f$) If' City Manager --;({L!L J1 ~ (4/Sths Vote: Yes_NolL) ITEM TITLE: REVIEWED BY: Adoption of the resolution approves an agreement between the City ofChula Vista, McMillan Land Development, and the Otay Ranch Company, that allows McMillan Land Development to deposit soil on property owned by the Otay Ranch Company. This work is to be done in preparation for the Otay Ranch Town Center shopping center, and to construct an access road from Olympic Parkway. Per the Chula Vista Municipal Code, this is considered an "uncontrolled" embankment and an agreement is required prior to soil being deposited to address the future maintenance of the embankment as well as development of the site where the embankment will be located. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS RECOMENDATIONS: Not applicable. DISCUSSION: McMillan Land Development, in preparation for the Otay Ranch Town Center shopping center site, is required to constmct a four-lane paved road connecting the site to Olympic Parkway. In order to make the connection, additional grading was required to ensure a match with the existing grades of Olympic Parkway. This grading project removes soil from the area where the connection to Olympic Parkway is being made and places it on an adjacent vacant property owned by the Otay Ranch Company. The uncontrolled embankment, as currently proposed, would be approximately 300' (I) x ISO'(w) x S'(h) and placed within a much larger area (see Attachment 1). The Planning and Building Department has reviewed the proposed plans to ensure there will be no significant aesthetic impact on the adjacent area. The site owned by the Otay Ranch Company has been previously graded, but will require additional grading in order for it to be developed. Development plans for the site have not yet been prepared. While it seems clear that the site will need to be raised in certain areas in order for it to be developed, without the benefit of a development plan, the exact locations are unknown at this time. Placement of the soil from the Olympic Parkway connection point onto the vacant property owned by the Otay Ranch Company will not prevent the future development of the site. ~ 11-1 Page 2 Item~ Meeting Date 2/14/06 Grading operations for the placement offill material typically include full compaction ofthe material along with a complete inspection by Public Works Inspectors. Knowing that the fill material being relocated by McMillin Land Development will be moved again in the nlture once a full development plan for the site has been made, effort in compacting and inspecting the material now would be inefficient. By placing the fill in an "uncontrolled" manner, typical compaction and inspection requirements are deferred until the site is ready to be fully developed. Approval ofthe Uncontrolled Embankment Agreement would make McMillin Land Development responsible for the placement of the fill, would require an additional soils report and grading permit prior to development of the site, and would indemnify the City trom any and all claims for personal injury, or property damage which are alleged to be caused directly or indirectly by the work related to the placement or maintenance of the resulting uncontrolled embankment (see Attachment 2). FISCAL IMPACT: None to the City. All staff costs associated with the proposed agreement will be reimbursed from the developer's deposits. Attachments: 1) Vicinity Map 2) Uncontrolled Embankment Agreement rlEngineer\AGENDA\CAS2006\02-07-06\AI13 Uncontrolled Embankment.doc , 11-2 N ~ ATI,iClHMENT \ PROJECT . LOCA liON. ~. .. .. >- < ;0 " 0: < .. '" " c ;::! <II .. '" VICINfTY..MAP NO SCALE ..~ .11-3 RESOLUTION NO. 2006- RESOLUTION APPROVING AN UNCONTROLLED EMBANKMENT (TEMPORARY DIRT STOCKPILE) AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE OTAY RANCH COMPANY, AND MCMILLIN LAND DEVELOPMENT, AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, Otay Ranch Company ("Developer") is the owner of certain real property located within the City of Chula Vista, County of San Diego, State of California, and more particularly described in EXHIBIT "A" of the Uncontrolled Embankment Agreement on file with the City Clerk; and, WHEREAS, Developer has agreed to allow certain fill material to be placed on said property in the manner known as loose fill and uncompacted; and, WHEREAS, McMillin Land Development ("Applicant"), has guaranteed, and will be responsible for the placement of the fill material; and, WHEREAS, pursuant to Section 15.04.285 of the Chula Vista Municipal Code, such fill is designated as an uncontrolled embankment requiring the execution of a special maintenance agreement for land development; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Uncontrolled Embankment (temporary dirt stockpile) Agreement between McMillin Land Development, the Otay Ranch Company, and the City of Chula Vista, for placement of soil from Town Center Drive to a location within Otay Ranch Company's property as shown in the Uncontrolled Embankment Agreement, 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 agreements for, and on behalf of, the City of Chula Vista. Presented by Approved as to form by Sohaib AI-Agha City Engineer ~~ ~oore ~ C" Attorney ~ 11-4 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: 2! '<? !o h / Uncontrolled Embankment (Temporary Dirt Stockpile) Agreement Between the City of Chula Vista, the Otay Ranch Company, and McMillin Land Development, and Authorizing the Mayor to Execute Said Agreement ~ 11-5 RECORDING REQUEST BY: City Clerk ) ) ) ) ) ) ) ) ) ) WHEN RECORDED RETURN TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use Assessor's Parcel No. 643-020-64 AGREEMENT FOR LAND DEVELOPMENT FOR UNCONTROLLED EMBANKMENT THIS AGREEMENT made and entered into this day of .2006, by and between the CITY OF CHULA VISTA, hereinafter "City", OT A Y RANCH COMPANY, hereinafter "Developer", and MCMILLIN LAND DEVELOPMENT, hereinafter "Applicant." WITNESSETH WHEREAS, Developer is the owner of certain real property located within the City of Chula Vista, County of San Diego, State of California, and more particularly described in EXHIBIT "A", attached; and, WHEREAS, Developer has allowed to be placed up on said property certain fill material, i.e. dirt, rocks, etc., which fill material has been so placed in the manner known as loose fill and uncompacted; and, WHEREAS, Applicant, has guaranteed and will be responsible for the placement of the fill material; and, WHEREAS, pursuant to Section 15.04.285 of the Chula Vista Municipal Code, such fill is designated as an uncontrolled embankment requiring the execution of a special maintenance agreement for land development, NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the City and Developer as follows: 1. The fill deposited by Applicant on that certain "Property" described in said EXHIBIT "A" and as shown on Exhibit "B", owned by Developer, shall hereby be designated as an uncontrolled embankment and shall be constructed in 1 ~ 11-6 accordance with Grading Permit No. OR-25 I G and plans therefore approved by the City Engineer. 2. Developer hereby acknowledges that as an uncontrolled embankment, the Property site is not eligible for a building permit, unless special soils analysis and foundation design are submitted and approved by the City in its discretion and Developer agrees to provide said soils analysis and foundation design or to reconstruct the embankment and fill in the manner as approved by the City Engineer. 3. The Placement of fill material shall be done in a safe and sanitary manner at the sole cost, risk, and responsibility of the Applicant and Developer. The fill material shall be maintained in a safe and sanitary manner at the sole cost, risk, and responsibility of the Developer and their successors in interest. 4. Developer and Applicant shall defend, indemnify, and hold City, its employees, officers, and agents, harmless from any and all claims for personal injury, death, or property damage, which are alleged to be caused directly or indirectly by the work authorized by Grading Permit No. OR-25 I G, or by the uncontrolled embankment maintenance. 5. This Agreement shall be binding upon Developer, Applicant, any Builder and any Associations upon transfer of maintenance obligations to the Builder(s) or Association(s), respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 6. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor- in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 2 ~ 11-7 IN WITNESS WHEREOF, the parties hereunto have set their hands and seal the day and year first above written. ATTEST: THE CITY OF CHULA VISTA Susan Bigelow, City Clerk Stephen C. Padilla, Mayor APPLICANT: McMillin Otay Ranch, LLC A Delaware limited liability company By: McMillin Companies, LLC A Delaware limited liability company lis: ~~ e- Signature '5 ~ -P-~I..L ~{71A7 DEVELOPER] Or, ~CI\I' to. Name Name \l.p- Title Name l~ Title APPROVED AS TO FORM BY: Ann Moore, City Attorney - 3 J I 11-8 EXHIBIT "A" Legal Description A portion ofParcelZ of Parcel Map No. 18789, and a portion of the fractional southeast quarter of Section 3, Township 18 south, range 1 west, San Bernardino Meridian, all in the City of Chula Vista, County of San Diego, State of California. - 11-9 . . . ...:.::.... ... ..... . -,. .- . '. . . ---.. EXHIBIT "B" " .,' !.. N .~ No Scale :; . .i').;:':::".:::,,:,,( '--- '. "-0',_" _. . .. 11-1U COUNCIL AGENDA STATEMENT Item No. Meeting Date 1:;2, 02/14/06 ITEM TITLE: 1. Resolution ofthe City Council of the City ofChula Vista calling and giving notice of the holding ofa General Municipal Election in said City on Tuesday, June 6, 2006, for the election of a Mayor and two Members of the City Council, as required by the provisions of the Chula Vista Charter and the laws of the State of California relating to the conduct of elections 2. Resolution of the City Council of the City of Chula Vista adopting regulations for candidates for elective office pertaining to materials submitted to the electorate and the costs thereof for the General Municipal Election to be held in said City on Tuesday, June 6, 2006 J7 SUBMITTED BY: Susan Bigelow, MMC, City Clerk The purpose ofthe June 6, 2006 General Municipal Election is to select a Mayor and two Members of the City Council to fill Seats I and 2 for full terms consisting of four years, commencing December 2006. The proposed resolutions are required to give notice of the election and adopt regulations for candidates. RECOMMENDATION: Council adopt the Resolutions. BOARDS AND COMMISSION RECOMMENDATION: Not applicable. BACKGROUND: The Chula Vista Charter requires that General Municipal Elections be scheduled in conjunction with statewide primary elections. The next statewide primary election will be held on June 6, 2006. The purpose of the General Municipal Election is to select a Mayor and two (2) Members of the City Council to fill Seats 1 and 2 for full terms commencing in December 2006. Section 13307 of the California Elections Code also provides that the local agency must adopt regulations pertaining to the materials prepared by candidates and the costs thereof. Historically, the City has allowed each candidate to submit a candidate's statement of no more than 200 words. The Registrar's estimated cost for a 200-word statement is $662. Candidates who choose to file a. candidate's statement will be required to pay $662 as a deposit at the time their statements and nomination papers are filed with the City Clerk. Should the actual cost be less, the balance will be refunded to the candidates; and should the actual cost be more, candidates will be billed for the difference. fiSCAL IMPACT: $78,000 has been budgeted for Fiscal Year 2006 for the election, and it is anticipated that the amount budgeted is sufficient. This amount does not include costs for any potential ballot measures, which are estimated to be $27,000 per measure. 12-1 RESOLUTION NO. 200'- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION IN SAID CITY ON TUESDAY, JUNE 6, 2006, FOR THE ELECTION OF A MAYOR AND TWO MEMBERS OF THE CITY COUNCIL, AS REQUIRED BY THE PROVISIONS OF THE CHULA VISTA CHARTER AND THE LA WS OF THE STATE OF CALIFORNIA RELATING TO THE CONDUCT OF ELECTIONS WHEREAS, under the provisions ofthe Chula Vista Charter, a General Municipal Election shall be held on June 6, 2006 for the purpose of electing a Mayor and two (2) Members of the City Council to fill Seats I and 2 for the full term of four years, commencing in December 20~. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as follows: SECTION I. Pursuant to the requirements ofthe Chula Vista Charter and the laws of the State of California, there shall be and there is hereby called and ordered held in the City of Chula Vista, California, on Tuesday, June 6, 2006, a regular municipal election of the qualified electors of said City for the purpose of electing a Mayor and two (2) Members of the City Council to fill Seats I and 2 for the fuJ' ~erm offour years, commencing December 2006. SECTION 2. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. SECTION 3. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. SECTION 4. The polls of said election shall be open at seven 0' clock a.m. of the day of said election and shall remain open continuously trom said time until eight 0' clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code ofthe State of California. SECTION 5. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. SECTION 6. Notice ofthe time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. Submitted by: Approved as to form: ~ lJJ-~~ ~ CY-' Susan Bigelow, City Clerk' ~\yorJ\flG~~ Ann Moore, City Attorney . 12-2 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 6, 2006 WHEREAS, Section 13307 of the Elections Code of the State ofCalifomia provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER, as follows: SECTION 1. Pursuant to Section 13307 ofthe Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Chula Vista on June 6, 2006, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. Such statement shall neither include the party affiliation of the candidate nor membership or activity in partisan political organizations. Such statement shall be filed in the Office of the City Clerk no sooner than February 13 and no later than 5:00 p.m. on Friday, March 10, 2006. Such statement may be withdrawn, but not changed, during the stated period and until 5:00 p.m. on Monday, March 13,2006. SECTION 2. The City Clerk shall estimate the total cost of printing, handling, and mailing the candidates' statements filed pursuant to the Elections Code and require each candidate filing a statement to pay in advance his or her pro rata share as a condition of having his or her statement included in the voter's pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. SECTION 3. The City Clerk shall provide each candidate, or the candidate's representative, a copy of this Resolution at the time his or her candidate's statement is filed. Submitted by: Approved as to form: ~6J~JrJ.)"_J Susan Bigelow, City rk ~C\K~~~~~ Ann Moore, City Attorney , 12-3 ~{f? ~ ----~~ ~- COUNCIL AGENDA STATEMENT mY OF CHUIA VISTA Item No. Meeting Date 13 2/14/06 Item Title: RESOLUTION APPROVING A MASTER LICENSE AGREEMENT WITH CRICKET COMMUNICATIONS, INC. FOR THE INSTALLATION AND OPERATION OF UP TO 35 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR UP TO FIVE ADDITIONAL 5-YEAR TERMS Director of Conservation & Environmental Services ~ City Manager f ~ J7T( (4I5ths Vote: Yes_ No.lL) Submitted by: Reviewed By: SUMMARY Staff is submitting a Master License Agreement for the City Council's review and consideration. The Agreement would establish terms between the City and Cricket Communications for the installation of up to 35 wireless telephone facilities (WTF) within Chula Vista on City property and/or City right of way subject to approval of the Zoning Administrator, after review by the applicable City and Departments, and appeal to the City Manager's Office, when necessary. RECOMMENDATION That Council adopt the resolution approving the Master License Agreement with Cricket for the installation and operation of up to 35 WTF or substantially similar facilities on property owned or controlled by the City for a period of five years with an option 10 renew for up to five additional 5-year terms. Further authorize Staff to reduce the rate charged to Cricket by up to 40% for reducing land use impacts by under grounding cabinets or other equipment. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. BACKGROUND The City Council approved Resolution 18601 on March 18, 1997 conceptually approving the marketing of City properties for use by telecommunications companies. On September 16, 1999 the City Council approved Master License Agreements (MLA) with AT&T and Sprint for installation and operation of up to 50 wireless communication sites 13-1 PAGE 2, ITEM (J MEETING DATE 2/14/06 on City property. The City subsequently approved an MLA with Cingular for up to 35 sites. Since this time, staff has been working with a number of companies to explore the possibilities of locating additional wireless communication sites on property owned or controlled by the City. Cricket is a mobile phone service provider that is establishing its coverage in the region, and is interested in locating facilities on City properties. Staff is recommending that the City enter into a MLA with Cricket. The MLA will provide Cricket with the opportunity to install and operate up to 35 wireless telephone facilities (WTF) on properties owned or controlled by the City of Chula Vista for a period of 5 years with an option to renew up to five additional 5-year terms (see Attachment 1). DISCUSSION MASTER LICENSE AGREEMENT: The Master License Agreement allows Cricket to install up to 35 WTF facilities each on property owned and/or controlled by the City and to operate within the scope of this Agreement for a period of 5 years. The Agreement allows for up to five additional five-year terms, each with the written request of Cricket and the subsequent written approval of the City Manager. Prior to the renewal of each five-year term, the annual license fee is subject to renegotiation to ensure that the City is receiving market value for its facilities. The City is able to terminate this MLA upon 12 months notice, after the initial five-year term. Cricket will be paying an annual license fee of approximately $21,642.36 ($1,803.53 per month) for the use of City property for the operation of each facility that includes up to 7 equipment cabinets and 12 antennas. In some instances, Cricket will only have a requirement for antennas or cabinets alone. The annual license fee for those facilities will be less. Staff is also proposing to reduce these rates by up to 40% with Cricket and other contractors if they propose projects that under ground the cabinets and pedestals or take other similar measures to reduce the impacts to land use. Council approved a similar clause in an agreement established with another wireless carrier (Cingular) in late 2002. The Cricket MLA provides the City with a unique planning opportunity in the telecommunications field. Cricket is the first wireless service provider to respond to the City's request to "master plan" their site needs within Chula Vista and is attempting to layout their requirements for up to 35 sites. Staff looks forward to working with Cricket representatives under a master planned approach that allows the City to move their objective forward promptly while maximizing the City's responsibility to protect the public's interests. Cricket is required to comply with all local, state and federal applicable laws. The Schedule of Premises shall be administratively approved for each site and contain specific conditions that must be satisfied and maintained in order to use the wireless facility. The Schedule of Premises will be submitted to the Zoning Administrator and 13-2 PAGE 3, ITEM / 1.; MEETING DATE 2/14/06 circulated to all appropriate departments. Cricket shall pay the appropriate staff costs for processing each submittal. All of Cricket's construction, installation, maintenance and removal of the WTF facilities will be at their sole responsibility and cost. If Cricket causes any damage to the public right of way or City property, they are required to promptly repair it at their sole cost. Cricket will not be allowed to activate their site until the City signs off on final construction. The MLA provides for a number of risk mitigation measures for the City including: indemnity; insurance requirements; limitation on remedies available to Cricket in the event of a City breach; and reservation of the City's emergency and police powers. The City collects Utility Users Tax from mobile phone service providers and the Agreement provides for Cricket to collect the tax from the service users and remit the tax to the City. IMPACTS ON CITY PROPERTY: The installation will vary depending on the site Cricket needs. As mentioned all installations will be required to receive all applicable permits and they will work closely with Planning, General Services, Conservation & Environmental Services and a representative from the host department to assure that they do not interfere with City operations or facility maintenance. The three primary types of installations are building mounted, ground mounted and light standard mounts. Building mounted installations generally involve mounting antennas on the fa98de or on the roof of the building, in addition to accommodating equipment cabinets on the ground or on the roof. Ground mounted applications involve construction of a "monopole" or more stealth applications where the monopole is disguised within artificial palm or pine trees, flagpoles or complimentary structures. In this case the cabinets are generally mounted on a concrete slab adjacent to the antenna structure. The largest size cabinet systems use an area of approximately 10 by 20 feet. Both applications will require some trenching and cabling. The installations will require maintenance and administration on a limited basis. All proposed facilities would be required to secure all necessary land use, building and engineering permits. Staff will encourage Cricket to take advantage of reductions in monthly site payments by undergrounding the cabinets and other structures whenever possible. FINANCIAL BENEFITS: Cricket will be compensating the City for use of each site by paying an annual license fee to the City General Fund for each system insJalled. Cricket's annual license fee for a typical application including both antennas and cabinets is approximately $21,000 (subject to potential reduction of the rate charged to Cricket by up to 40% to reduce land use impacts by under grounding cabinets or other equipment). The MLA authorizes up to 35 WTF facilities by Cricket. The annual fee increases by 3% a year, and will be renegotiated prior to the renewal of each five-year term to ensure the City is receiving market rate rent. 13-3 13 PAGE 4, ITEM MEETING DATE 2/14/06 FISCAL IMPACT The MLA authorizes up to 35 WTF facilities at a yearly rate for each facility of up to $21,000 (subject to potential reductions of up to 40% to the rates charged to Cricket for installations that reduce land use impacts by under grounding cabinets or other equipment). Presently there are six City properties being considered representing an annual income of up to $126,000 (subject to the rate reductions mentioned above). The six proposed sites are going or soon will be going through the entitlement process, and should be operational early in 2006. There will be some staff time associated with monitoring and ensuring compliance with the Agreement. Final A113 Cricket 2-14-06 Attachment (Agreement) 13-4 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MASTER LICENSE AGREEMENT WITH CRICKET COMMUNICATIONS, INC. FOR THE INSTALLATION AND OPERATION OF UP TO 35 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FDR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR UP TO FIVE ADDITIONAL 5-YEAR TERMS WHEREAS, the City Council approved Resolution 1860 I on March 18, 1997, conceptually approving the marketing of City properties for use by telecommunications companies; and WHEREAS, on November 16, 1999 (via Resolution 19652) the City Council approved Master Communications Site License Agreements with Sprint and AT&T for installation and operation of up to 50 wireless telecommunication sites on City property; and WHEREAS, Cricket Communications is a mobile phone service provider that is establishing its coverage in the South Bay region and is interested in locating facilities on City-owned properties; and WHEREAS, staff is recommending that the City enter into a Master License Agreement with Cricket Communications to install and operate up to 35 wireless telecommunication facilities on City-owned property for a period of 5 years with an option to renew up to five additional 5-year terms. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista approves the Master Communications Site License Agreement with Cricket Communications (the "Agreement") for the installation and operation of up to 3 5 wireless telecommunication facilities on City-owned or controlled property, on the terms and in the forms presented, with such minor modifications as may be approved or required by the City Attorney, copies of which shall be kept on file in the office of the City Clerk; and BE IT FURTHER RESOLVED that the Mayor ofthe City ofChula Vista is authorized and directed to execute the Agreement for and on behalf of the City of Chula Vista; and BE IT FURTHER RESOLVED that all revenues derived from the Agreement shall be deposited in the City's General Fund. Presented by Approved as to form by Michael Meacham Special Operations Manager J:\Attomey\RESO\AGREEMENTS\Cricket Communications' Mast~~ClJ5 Agreement.doc THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Q':""~~""cJ Ann oor CIty Attorney Dated: 2 j '6/ ofo Master License Agreement with Cricket Communications, Inc. for the Installation and Operation of up to 35 Wireless Telecommunications Facilities or Substantially Similar Facilities on City-owned Property, Subject to all Necessary Approvals, for a period of 5 Years With an Option to Renew for Up to Five Additional5-Year Terms 13-6 MASTER COMMUNICATIONS SITE LICENSE AGREEMENT THIS MASTER COMMUNICATIONS SITE LICENSE AGREEMENT ("License") dated as of ,2006 ("Effective Date"), is entered into between CRICKET COMMUNICATIONS, INC., A DELAWARE CORPORATION ("Cricket"), and the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION ("City") with reference to the following facts. A. Cricket wishes to attach, install, erect, operate, and maintain up to thirty-five (35) various unmanned wireless telecommunications facilities, or substantially similar facilities, on public property under the ownership and/or control of the City for purposes of providing wireless communications services. B. City is willing to allow Cricket to attach, install, erect, operate and maintain the Facilities subject to the terms and conditions set forth herein and in the site specific Schedule of Premises. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1. DEFINITIONS: 1.1. Licensed Premises or Premises: The City owns in fee, or controls through easement rights, certain real property located in the City of Chula Vista, California. Portions of such property shall be described in a Schedule (as defined below) approved by the City and attached hereto. The property described in such Schedules shall constitute and be described and collectively referred to herein as the "Licensed Premises" or "Premises." Licensed Premises shall include any appurtenant property the City owns, or controls on which Cricket installs utility and transmission lines with City's prior approval pursuant to Section 2.4 below. 1.2. Schedule: Attached hereto and incorporated herein by reference shall be various Schedules of Licensed Premises (hereinafter "Schedule"). Each Schedule shall be substantially in the form attached hereto as Exhibit B and shall include the description of the specific Cricket Improvements (described below) or light standards allowed on the License Premises, its configuration, and the site specific conditions necessary for approval (hereinafter "Conditions of Approval"). Both parties agree that Schedules may be added or deleted by administrative action by City from time to time subject to and in accordance with the provisions of this License, including but not limited to Section 5.3 regarding Governmental Approvals. No more than 35 Schedules may be in effect at anyone time. Both parties also agree that the City may add to, delete or modify the Conditions of Approval at any time during the term of this Agreement to advance a legitimate and reasonable governmental interest. 1.3. Pre-existing Communications: "Pre-existing Communications" shall be defined as those communications configurations, equipment and frequencies which exist on City's property or are in use by the City within or around the City as of the Effective Date of this License or as of a Commencement Date of an applicable Schedule. 1.4. Cricket Improvements or City's Improvements: Cricket Improvements shall be defined to be those unmanned wireless telecommunications facilities comprised of radio frequency transmitting and receiving equipment, antennas, cables, conduits, wires, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements, which are approved by the City and which are located or proposed to be located per this License, on Licensed Premises. A typical example of the facilities comprising the Cricket Improvements is set forth in Exhibit /1, attached hereto. Cricket Improvements shall exclude light standards or poles located in City rights-of- way, whether or not said light standards or poles are installed by City or Cricket. Such excluded Chula Vista I Cricket Master Comm. Site License 13-7 Page 1 of 19 improvements shall be owned by City. 1.5. Commencement Date: Upon execution hereof by all parties hereto the Commencement Date of this License shaIl be the Effective Date. The Commencement Date of this License with respect to each individual Licensed Premise shaIl be as specified in each related Schedule. 2. PREMISES AND LICENSED USES 2.1. Grant of License. Subject to the following terms and conditions and each Schedule's site specific Conditions of Approval, City hereby grants to Cricket a non-exclusive license to the Premises as depicted in the Schedules attached hereto and incorporated herein from time to time. Each Schedule executed hereunder shall be substantially in the form of Exhibit B. 2.2. Use. The Premises may be used by Cricket solely for the transmission and reception of non- franchised wireless telecommunication signals on various frequencies and the construction, maintenance and operation of City-approved Cricket Improvements. 2.3. Pre-Construction; Testing. Cricket shall have the right (but not the obligation) at any time following the full execution of this License and prior to tile Commencement Date under each Schedule to enter the Premises for the purpose of making necessary inspections, engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for Cricket Improvements and for the purpose of preparing for the construction of Cricket Improvements at no expense to City. During any Tests or pre-construction work, Cricket shall have the insurance coverage set forth in Section 4.4, Insurance. Cricket shall provide the City with prior notice of any proposed Tests or pre-construction work and will coordinate the scheduling of same with City. Cricket, at Cricket sole cost and expense, will restore the Premises to the same condition as existed prior to any such tests or pre-construction work by Cricket. 2.4. Installation of Cricket Improvements. 2.4.1. In General. This License grants to Cricket the right to construct, maintain and operate Cricket Improvements on the Licensed Premises subject to the terms and conditions set forth herein and those Conditions of Approval found in each Schedule. All of Cricket construction and installation work shall be performed at Cricket's sole cost and expense and in a good and workmanlike manner. Title to Cricket Improvements shall be held solely by Cricket, and all of Cricket Improvements shall remain the personal property of Cricket and shaIl not be treated as real property or become a part of any Premises even though affixed thereto. All street light standards on property owned or controlled by the City, whether installed pursuant to this License by City or Cricket, shall be owned by the City. Prior to installation and operation of each set of Cricket Improvements, Cricket must obtain any and all required federal, state and local permits required for such installation and operation. City permits required include, without limitation, building permits and an approved Schedule. City shall exercise its best efforts to process Improvements applications within forty-five (45) days after the submittal of a completed application. In addition, all work shaIl be scheduled in advance and coordinated with parks operations personnel, onsite recreational staff, Public Works, Engineering or other City staff as appropriate prior to commencement of the work to minimize the potential for conflicts with recreation and other City programs or activities occurring on the site. The applicant agrees that the site will not be activated until the City has signed off on final construction, which sign off shaIl not be unreasonably withheld, conditioned or delayed. Absent such sign off, Cricket shall have recourse to an appeal to the City Manager. Chula Vista / Cricket Master Comm. Site License 13-8 Page 2 of 19 2.4.2. Location of Cricket Improvements. The location of Cricket Improvements on Licensed Premises shall be subject to the Zoning Administrator's prior approval. In deciding whether to approve a location, the Zoning Administrator wi1l take into consideration City's goal to assure that wireless telecommunication networks are completed with the fewest possible facilities, in tbe least visible fashion, and with tbe least disruptive impact on neighborhoods and communities within the City of Chula Vista. For example, denying or conditionally approving a location to preserve and enhance tbe aesthetic qualities of the City of Chula Vista shall not be deemed unreasonable. City approval shall be deemed given once the Zoning Administrator has approved the Schedule of Licensed Premises, in writing, witb associated Conditions of Approval. If a Schedule is denied, Cricket shall have recourse to appeal to tbe City Manager, whose decision will be final. It is understood tbat botb parties will work together to find tbe optimum location for Cricket's antennas on the Licensed Premises that have tbe least impact to City and private property. I. Cricket agrees to reimburse City for the reasonable costs, including reasonable administrative overhead, of processing the approval of each Schedule. The process for reimbursement shall be conducted in the same or similar manner as the City's processing of a non-administrative conditional use permit. 2.4.3. Utilities. Cricket shall have the right to install utilities which are necessary for the operation of Cricket Improvements, at Cricket expense, and to improve the present utilities on or near tbe Premises (il)cluding, but not limited to tbe installation of emergency back-up power). Such utilities shall be subject to City approval and removal in the same manner as otber Cricket Improvements as provided in Section. 2.4.2, and 2.8, respectively. Cricket shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Cricket Improvements. Payment of all costs for said utilities' deactivation and removal, including any costs, which would survive tbe term of said License or Schedule, shall be the exclusive obligation of Cricket. Cricket Improvements shall include separate utility meters. 2.4.4. Street Light Standards. In the case of installations on street light standards or mast arms, Cricket shall comply with all applicable City regulations for tbe installation of streetlights. If the installation is to be done via replacement of an existing standard and/or mast arm, said replacement shall meet the same regulations as were applied to tbe existing standard and/or mast arm and be completed to tbe satisfaction of tbe Zoning Administrator. Said regulations shall include, but not be limited to, the form, size, strengtb and construction materials specified for City street lights. Consistent witb tbe City's lawful exercise of police powers, such regulations may be amended at the City's sole and absolute discretion including, but not limited to, allowing for additional space for internal wiring of City and/or Cricket or, altered foundation requirements to accommodate joint City and Cricket uses, or other technical reasons; provided that (i) City shall pay costs to modify street light standards or mast arms which it owns in accordance with such amended regulations and (ii) Cricket shall pay all costs to modify Cricket's Improvements as required by such amended regulations. In making any such amendments, City shall use reasonable efforts to accommodate and not materially adversely impact the functioning of existing Cricket Improvements. In tbe event the amended regulations make existing Cricket Improvements unusable by Cricket, then City shall use reasonable efforts to provide a suitable alternate location. Upon reasonable notice and written request" by the Zoning Administrator, Licensee shall provide a replacement pole that is pre-approved by the City Engineer and shall deliver tbe existing pole to tbe City Corporation Yard or some otber suitable site witbin tbe City designated by the City Engineer. The design of the pole, metbod of attachment for Licensee's equipment and all otber connections shall meet the specifications reasonably required by tbe Zoning Administrator. Chula Vista / Cricket Master Camm. Site License 13-9 Page 3 of 19 2.4.5. Compliance with Laws. Cricket's Installation and operations of Improvements must comply with any and all applicable federal, state and local laws. Installation of improvements in or near the public right of way shall meet the requirements of the Americans with Disabilities Act with regard to minimum clearance and public use of sidewalk areas. 2.4.6. Restoration. If any City sidewalk is disturbed in the course of installation, Cricket shall replace said sidewalk from cold joint to cold joint from each direction from the disturbed area and to the satisfaction of the City Engineer. If any existing landscaping, irrigation systems, utilities or other City facilities are disturbed in the course of installation, Cricket shall replace and restore said property to its pre-installation condition. 2.4.7. Maintenance. Maintenance of the Cricket Improvements shall be the sole responsibility of Cricket during the entire term of this License, and Cricket agrees to keep all Cricket Improvements in good condition and repair. 2.5. Access. 2.5.1. Cricket and Cricket employees, agents, contractors and subcontractors shall have access to the Premises twenty-four, (24) hours per day, seven (7) days per week, at no charge to Cricket, subject to the conditions set forth in each Schedule. City hereby licenses to Cricket all rights of ingress and egress held by City to the extent required to construct, maintain, install and operate Cricket Improvements on the Premises. Cricket's exercise of such rights shall not cause undue inconvenience to City. 2.5.2. In connection with installations on light standards, mast arms or poles, Cricket shall provide at least seven (7) days written notice to the City Engineer of installation date and time. Cricket shall pay any and all costs associated with City shut off and reconnect of power to Premises, installation oversight and/or inspections if City reasonably deems necessary. 2.5.3. In connection with Cricket's maintenance of Cricket Improvements on street light standards, mast arms or poles, Cricket shall provide at least twenty four, (24) hours notice to the City Engineer and pay City any and all costs associated with City shut off and reconnect of power to Premises, maintenance oversight and/or inspections if City deems reasonably necessary. In case of need for emergency maintenance of Cricket Improvements, Cricket shall use its best efforts to give prior notice to City Engineer but shall notify City of such work as promptly as reasonably possible after the work is commenced. 2.5.4. In connection with City's maintenance to street lights which share a standard or mast arm with such installations, City shall use its best efforts to provide Cricket at least twenty four (24) hours notice of said maintenance. If City desires to have a technician of Cricket on site during said maintenance, Cricket shall provide said technician upon at least twenty-four, (24) hours notice. In case of need for emergency maintenance of City's street lights which share a standard or mast arm with such installations, City need not give prior notice to Cricket but shall notify Cricket of such work as promptly as reasonably possible after the work is commenced. 2.6. Interference with Communications. 2.6.1. Cricket Improvements at any given Premises shall not interfere with Pre-existing Communications (determined with respect to such Premises at the date the Schedule for such Premises is executed). Cricket Improvements shall also comply with all noninterference rules of Chula Vista / Cricket Master Comm. Site License 13-10 Page 4 of 19 ~ the Federal Communications Commission ("FCC"). 2.6.2. Any radio equipment installed by Cricket on the Premises shall be frequency compatible with all radio transmitting and receiving equipment existing and in use on the Premises at the time initial installation of such equipment is made. In the event Cricket installation electronically or physically interferes with City's installation already existing on the Premises, Cricket shall take all necessary steps, at its own cost and expense, to eliminate such interference, whether so required by the FCC or not. 2.6.3. Except to the extent necessary to install, operate or maintain public improvements, or in the event of an emergency, the City shall not knowingly interfere with the location, configuration, frequency or operation of Cricket Improvements except in the case of Pre-Existing Communications that do not materially change their power level, frequency or location. In the event any equipment installation by City made subsequent to Cricket's installation causes interference with the location, configuration, frequency or operatiDn Df Cricket Improvements, City shall exercise reasonable best effDrts tD eliminate such interference after learning of such interference, whether required by the FCC Dr not. 2.6.4. NDtwithstanding any Dther provision in this License to the contrary, in the event of an emergency, City shall have the right, in its sole discretion, to take such actiDn it determines in its sole discretion is necessary under the circumstances to address the emergency, even thDugh such actiDns may cause interference with Cricket ImprDvements or the Dperation thereof. If City must take actiDn which causes or may cause interference, City shall endeavor to (a) give Cricket oral notice of such action as quickly as practicable and (b) to the extent practicable under the circumstances, upon notice by Cricket of the existence of interference, minimize the duration and extent of such interference. 2.6.5. City shall have the responsibility to cooperate with Cricket to identify and remedy to the extent reasonably necessary, any interference with the communications operations of Cricket described in Sections 2.6.3 and 2.6.4, above. 2.6.6. Subsequent to the installation of Cricket Improvements, City shall not permit its licensees or future licensees to install new equipment on the Licensed Premises or property contiguous thereto owned or controlled by City, if such equipment is likely tD cause interference with Cricket's operations. Cricket shall cooperate in gDod faith with City to determine whether such interference is likely to be caused by the prospective future licensee. For purposes of this SectiDn 2.6, the existence of electronic and physical interference shall be reasDnably determined by City and Cricket. In the event Cricket reasonably determines the likelihood of interference by newly installed facilities, City shall direct the party installing such facilities to meet and confer with Cricket in order to develop an approach or design that eliminates or materially reduces the potential for interference. Notwithstanding the foregoing, Pre-existing Communications operating on the Commencement Date that do not measurably change from this power level, frequency or location on the Commencement Date shall not be deemed to be interfering at any time. 2.6.7. Cricket agrees to notify immediately the Director of Public Works of the City of any changes in Cricket frequencies to be used at the Premises. 2.7. Liens. Cricket shall keep the Premises free and clear of any and all liens or claims Dfliens and charges on account of labor and materials used in or contributing to any work performed by or related to this License, failing which City shall have the right, but not the obligation, to discharge any or all such Chula Vista I Cricket Master Comm. Site License 13-11 Page 5 of 19 liens or claims, and Cricket shall, upon demand therefor, reimburse City for all costs and expenses incurred by City. 2.8. Removal of Cricket Improvements; Damage or Destruction. 2.8.1. Upon expiration, cancellation or termination of this License or any Schedule hereunder, Cricket shall be responsible for: (a) removing from the Premises subject to such expiration, cancellation, or termination, at its sole cost, all Cricket Improvements except those which the parties agree shall not be removed or shall be transferred to City, (b) repairing, at its sole cost, all damage caused by such removal, and (c) surrendering the Premises to City in the Premises' original condition, ordinary wear and tear and damages caused by third parties excepted. Said return of Premises in their original condition shall include Cricket's remediation of any hazardous or toxic material discharge at the Licensed Premises caused by Cricket or its agents and shall be to the reasonable satisfaction of the City. 2.8.2. Within 30 days after the date this License or an applicable Schedule expires or otherwise terminates, Cricket at its expense shall remove all Cricket Improvements ITom the affected Premises; provided that if five or more Schedules expire or tenninate contemporaneously, then Cricket shall have a reasonable amount of additional time to remove the affected Cricket Improvements so long as Cricket is diligently proceeding with removal. Any Cricket Improvements remaining on affected Premises beyond the time period available for removal as set forth above shall, at the sole discretion of the City, either (a) in whole or in part become City property (b) in whole or in part be removed and disposed of by City, with the reasonable costs of said removal and disposal, including reasonable administrative overhead, to be reimbursed to City by Cricket within ten days after Cricket receives City's request for reimbursement together with reasonable evidence of the cost. 2.8.3. If the Premises consist of a light standard, mast arm or pole and the same is damaged, knocked down or destroyed from any cause, the following provisions shall apply: a. If the damage or destruction renders Cricket unable to conduct normal operations and a temporary site is not available per subsection f. below, the fee for such Premises shall abate in full from the date such damage or destruction occurs until Cricket is able to commence normal operations; provided that Cricket shall have no right to abatement if the damage or destruction is caused by Cricket or its agents negligence or willful misconduct. b. Non-replacement in case of damage. If Cricket chooses to terminate the use of any Licensed Premises suffering such damage, Cricket shall notify the City Engineer of such decision within ten (10) days after notice of such damage. Cricket shall comply with all terms of this agreement concerning removal of Cricket improvements. Cricket shall be responsible for any removal or replacement of wiring, foundation or other associated facilities that may be required to accommodate the replacement facilities. If this option is chosen by Cricket, Cricket shall not be obligated to replace or pay to replace the damaged light standard, mast arm or pole. c. Immediately following the damage or destruction, City shall exercise its best efforts to notify Cricket in writing thereof and shall commence and thereafter continue diligent efforts to repair or replace the light standard, mast arm or pole; provided that City shall have no obligation to repair or replace the light standard, Chula Vista / Cricket Master Corum. Site License 13-12 Page 6 of 19 mast arm or pole if (i) the City, determines, in good faith, that the facility is no longer required or desirable to serve the public health, safety and welfare and that the City has no existing or foreseeable intention of replacing or repairing the facility, or (ii) the damage or destruction occurs during the last 12 months of the Term or any Renewal Term, and Cricket does not, within 10 days after receiving City notice of such destruction fails to exercise any option to extend or renew which may then be available regarding the subject Premises hereunder. d. If within ten days after written notice from Cricket of damage City has not commenced to repair or replace, then Cricket shall have the right, but not the obligation, to repair or replace the pole or light standard to the conditions existing immediately prior to the damage or destruction (or to any better condition consistent with the City's then-existing standards and regulations for design and construction of similar facilities); provided that Cricket shall have no obligation to restore any City operations served by the light standard, mast arm or pole unless the damage or destruction is caused by Cricket or its agent's negligence or willful misconduct. Cricket shall perform such work using only contractors approved by the City. Cricket shall complete such work as expeditiously as reasonably possible, subject to complying with the provision of Section 2.4, above. e. If Cricket repairs and replaces pursuant to subsection d. above, then the City shall reimburse Cricket for all its reasonable costs of repair and replacement, provided that (i) City shall have no obligation to reimburse if the City timely decides in good faith not to repair or replace pursuant to subsection c. above or if the damage or destruction is caused by the Cricket or its agent's negligence or willful misconduct, and (ii) City shall not be required to pay more than the cost of repair and replacement the City would have incurred had the City contracted for the work using its customary method of procurement and customary time frame for the type of work in question. Reimbursement shall be due and payable within 30 days after receiving Cricket's request for reimbursement together with reasonable evidence of the costs. Cricket shall have the right to offset license fees under all Schedules by the amount of any reimbursement owing but not timely paid. If the City timely decides in good faith not to repair or replace pursuant to subsection c. above, then all such work by Cricket shall be at its sole expense, but Cricket shall have the option to remove or leave in place any new or replacement light standard, mast arm or pole upon expiration or termination of the applicable Schedule. f. If Cricket is rendered unable to conduct normal operations due to damage or destruction, City shall use reasonable efforts to identify and make available to Cricket, within ten days following the damage or destruction, a temporary site owned or controlled by City which in Cricket's judgment is equally suitable for Cricket's intended uses (subject to public safety issues). Cricket may construct and operate substitute Cricket's Improvements thereon until the Premises are fully repaired and available to Cricket. 2.9. Termination. 2.9.1. Neither this License nor any Schedule shall be revoked or terminated during the Term or any Renewal Term except as expressly stated in this License. Chula Vista I Cricket Master Comm. Site License 13-13 Page 7 of 19 2.9.2. This License may be terminated by either party for any or no reason by delivering to the other party, at any time after the initial five (5) year term of this License, written notice of exercise of this right to terminate (the "Exercise Notice"). If this right to terminate is exercised, termination of this License shal1 be effective 12 months after the Exercise Notice is delivered to the other party From and after the date the Exercise Notice is delivered to the other party until the effective date of termination, Cricket shal1 have no right to receive any further Schedule attachments to add Licensed Premises that were not executed prior to delivery of the Exercise Notice. Notwithstanding the foregoing, City retains the right to disapprove extensions of this License beyond the first five-year term as provided in Section 3.1 hereof. 2.9.3. Cricket shal1 have the right to terminate a Schedule on 3D days prior written notice to City (or any shorter notice expressly set forth below), if: a. Cricket delivers to City such 3D-day written notice at any time prior to the Commencement Date under such Schedule for any reason or no reason; b. Cricket determines at any time after the Commencement Date under such Schedule that any governmental or non-governmental license, permit, consent, approval, easement or restriction waiver that is necessary to enable Cricket to install and operate Cricket Improvements cannot be obtained at acceptable expense or in an acceptable time period; c. Cricket determines at any time after the Commencement Date under such Schedule that the Premises are not appropriate or suitable for Cricket operations for economic, environmental or technological reasons, including without limitation, any ruling or directive of the FCC or other governmental or regulatory agency, or problems with signal strength or interference not encompassed by Section 2.9.3.d. below; provided that if Cricket exercises the right to terminate under this subsection, Cricket shall pay City (or City may deduct from any rebate due Cricket) as a termination fee 25% of the then Annual Fee for the subject Premises, however Cricket shal1 not be charged such fee if Cricket elects to cancel a Schedule as a result of the exercise by City of its rights under paragraph 1.2; d. Any Pre-existing Communications, or any cornmunications facilities or other structures of any kind now or hereafter located on or in the vicinity of the subject Premises, interfere with the location, configuration, frequency or operation of Cricket Improvements and Cricket is unable to correct such interference through reasonably feasible means; e. City commits a default under this License with respect to such Schedule and fails to cure such default within the 3D-day notice period, provided that if the period to diligently cure takes longer than 3D days and City commences to cure the default within the 3D-day notice period, then City shal1 have such additional time as shall be reasonably necessary to diligently effect a complete cure. f. The Premises under such Schedule are total1y or partial1y damaged, knocked down or destroyed from any cause (other than due to Cricket or its agent's negligence or willful misconduct) so as, in Cricket judgment, to hinder Cricket normal operations and City does not provide to Cricket within ID days after the Chula Vista / Cricket Master Comm. Site License 13-14 Page 8 of 19 casualty occurs a suitable temporary location site for Cricket Improvements pending repair and restoration of the subject Premises. 2.9.4. City shall have the right to terminate a Schedule if: a. Cricket commits a default under this License Agreement with respect to such Schedule and fails to cure such default within (i) ten business days after Cricket receives written notice of the default where the default is a failure to pay the annual fee for the subject Premises when due, or' (ii) 30 days after Cricket receives written notice of any other default and fails to cure such default, provided that if the period to cure takes longer than 30 days and Cricket commences to cure the default within the 30-day notice period, then Cricket shall have such additional time as shall be reasonably necessary to diligently effect a complete cure. A violation of the Schedule's Conditions of Approval shall be deemed a default for purposes of this subsection; b. The Premises are wholly or partially damaged or destroyed so as to interfere with Cricket's normal operations, City has no obligation to repair under 2.8.3. above and neither party elects to repair pursuant to Section 2.8.3. above; or c. The City Manager determines in good faith that there exists an immediate and substantial threat to public health and safety due to particular circumstances affecting the Premises which cannot be rectified through means less onerous than termination (such as temporary emergency cessation of use by Cricket pending corrective work), in which case termination shall take effect 48 hours after the Cricket receives written notice of termination setting forth the City Manager's determination and the reasons therefor. 2.9.5. A Schedule shall automatically terminate as of the date when possession is delivered to any governmental authority pursuant to the exercise of its power of eminent domain over the subject Premises of such portion thereof as is sufficient, in Cricket's good faith opinion, to render the Premises unsuitable for Cricket's normal operations, or pursuant to a transfer of the subject Premises or such portion thereof under threat or in lieu of exercise of such power. 2.9.6. Upon termination of this License, neither party shall have any further rights, obligations or liabilities to the other except: (a) with respect to provisions of the License which by their sense and context survive termination; and (b) with respect to the rights 'and remedies of the parties relating to the period prior to termination. Upon termination of any Schedule, neither party shall have any further rights, obligations or liabilities to the other respecting such Schedule or the Premises thereunder except: (i) with respect to provisions of this License applicable to such Schedule which by their sense and context survive termination; (ii) where termination is by reason of breach or default of the other party; and (iii) with respect to the rights and remedies of the parties relating to the period prior to termination. 3. TERM 3.1. Term. 3.1.1. The initial term of this License shall begin on the Effective Date and shall expire on the date which completes five (5) years after the Effective Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this License may be extended Chula Vista I Cricket Master Comm. Site Licenser 13-15 Page 9 of 19 for up to five (5) additional successive terms of five (5) years (each a "Renewal Tenn") on the same tenns and conditions as set forth herein, except as the Annual Fee may be adjusted as provided in Section 4.1, below. Subject to the termination rights set forth in Section 2.9, above, this License shall automatically be extended for each successive Renewal Tenn unless Cricket notifies City of its intention not to renew prior to commencement of the succeeding Renewal Term. 3.1.2. Subject to the maximum overall License term of30 years set forth above, the tenn of any Schedule shall be as follows: A Schedule shall continue in effect for five years from said Schedule's Commencement Date; provided that Cricket shall have the right to extend the Tenn of such Schedule for five (5) additional periods of five (5) years (the "Renewal Tenn"). The Renewal Tenns shall be on the same terms and conditions as the first Tenn except that the Annual Fee may be adjusted as provided in Section 4.1, below. Each Schedule shall be automatically extended for each successive Renewal Term unless Cricket notifies the City in writing of Cricket's intention not to extend such Schedule at least 90 days prior to expiration of such Schedule's Tenn. 4. COMPENSATION AND LIABILITY 4.1. Payment. 4.1.1. In consideration for the use of each Licensed Premises, Cricket agrees to pay City (to be deposited in the City's general fund) an annual fee ("Annual Fee") per Licensed Premises during the initial tenn of this License as follows: a. Cricket facilities that include up to seven (7) equipment cabinets and up to twelve (12) Antennas approximately 52 inches in height, in addition to necessary cables, electrical power, telephone service, and other necessary fixtures for the period from the Commencement Date of this License through December 31, 2006, in the amount of$19,800 ($1,650 per month); and/or b. Cricket facilities that include only up to seven (7) equipment cabinets, in addition to necessary transmission cables, electrical power, telephone service and other necessary fixtures for the period from the Commencement Date of this License through December 3 1,2006, in the amount of$1 1,400 ($950 per month); and/or c. Cricket facilities that include only up to twelve antennas approximately 52 inches in height, in addition to necessary transmission cables, electrical power, telephone service, and other necessary fixtures for the period from Commencement Date of this License throug1i December 31, 2006, in the amount of $8,400 ($700 per month); and/or d. Cricket facilities that include only up to two antennas approximately 52 inches in height, in addition to necessary transmission cables, electrical power, telephone service, and other necessary fixtures and limited to one above ground cabinet/pedestal of not more than 27 cubic feet and three feet high, for the period from commencement Date of this License through December 31, 2006, in the amount of $3,000 ($250 per month). . e. Cricket facilities that include three antennas approximately 52 inches in height, in addition to necessary transmission cables, electrical power, telephone service, Chula Vista / Cricket Master Comm. Site License 13-16 Page 10 of19 .,;. and other necessary fixtures and limited to one above ground cabinet/pedestal of not more than 9 cubic feet, for the period from commencement Date of this License through December 31, 2006, in the amount of $4,200 ($350 per month). f. The City may at its sole discretion decrease any of the fees listed above by up to 40% for under grounding cabinets or pedestals in a manner that by the City's sole judgment reduces the impact to land use and/or aesthetics. g. For each calendar year thereafter throughout the initial term, an amount equal to 103% of the Annual Fee for the immediately preceding calendar year. 4.1.2. Upon written request of City or Cricket, the Annual Fee for any Renewal Term shall equal the then fair market rental rate (the "FMRR") that a willing licensee would pay and a willing licensor would accept for the use of similar installation locations for similar telecommunications equipment for the same five-year period. The FMRR shall be in the same amount for each of the Licensed Premises. If the City and Cricket are unable to agree on the FMRR within 180 days prior to expiration of the term preceding a Renewal Term of this License, then at the request of either party, both parties shall attempt in good faith to appoint a real estate appraiser with at least five years' experience in the area in which the Licensed Premises are located to appraise and set the FMRR. If the parties are unable to agree upon such an appraiser within 15 days after either party requests appointment, then the parties hereto agree that an appraiser shall be promptly determined in accordance with the rules of the American Arbitration Association. Within 30 days after the appraiser is selected, he or she shall investigate ~nd report to the parties in writing his or her determination of the FMRR. The appraiser may in his or her sole discretion choose to meet with the parties and take testimony, and may extend the time for determining the FMRR by not more than 15 days. The appraiser's determination shall be final and non-appealable, absent fraud. If Cricket is dissatisfied with the determination ofFMRR, then Cricket shall have, as its sole and exclusive remedy, the right to rescind its exercise of the option to renew and allow this License and the then-existing Schedules to expire at the later of the end of the initial term of this License or 90 days after the appraiser issues his or her report on determination of the FMRR (the "Delayed Expiration Date"). The Annual Fee during the period, if any, ITom and after expiration of the initial term of this License to the Delayed Expiration Date shall be the FMRR, prorated for such time period. If the FMRR is not yet determined by expiration of the initial term of this License, then Cricket shall pay the Annual Fee at the at the immediately preceding year's rate pending such determination; and promptly after such determination the parties shall adjust such payment as necessary to the Annual Fee rate as determined by the appraiser, or, if Cricket elects to rescind its exercise of its right to renew, City shall make a rebate as provided in Section 4.1.6 below. The parties shall share equally the costs and fees of the appraIser. Notwithstanding the foregoing, in no event shall the Annual Fee for Licensed Premises adjusted hereunder for any Renewal Term be less than 103% of the Annual Fee for the Licensed Premises in the last year of the preceding term. 4.1.3. The Annual Fee for each Licensed Premises shall be set at the rate in effect for the calendar year in which the Commencement Date for such Schedule occurs, and shall be adjusted on January I of each year thereafter during the term of the Schedule, beginning January I, 2007, according to the adjustment provisions of Sections 4.1.1 and 4.1.2 above. 4.1.4. The Annual Fee shall be payable in advance on each January I, except that any partial Annual Fee for the first partial calendar year during the Term of any Schedule shall be payable in advance on the Commencement Date of the subject Schedule. If the Commencement Date occurs other than January 1, and/or if the Term or final Renewal Term ends on a date other than Chula Vista / Cricket Master Comm. Site License 13-17 Page 11 of19 December 31, the Annual Fee shall be prorated for the first and last partial calendar years during the Term or final Renewal Term, based on a 360 day year and 12 months of30 days each. 4.1.5. If payment is not received by January I, or the respective Commencement Date, a late fee of 5% of the balance due will be assessed. In addition, interest will accrue at a rate of 6% per annum until paid. 4.1.6. If a Schedule is terminated prior to December 31 of any year for any reason other than Cricket's default, City shall rebate to Cricket the unearned portion of the Annual Fee for the calendar year in which termination occurs, provided that City may reduce any such rebate by (a) any termination fee owing to City under Section 2.9.3.c above and (b) those sums, if any, due from Cricket under Section 2.8 above. City shall pay such rebate within 60 days after the effective date of termination. Whenever Cricket is entitled to abatement of an Annual Fee under this License or any Schedule, City shall credit the amount of such abatement against the next Annual Fees due from Cricket; provided that if the amount of the abatement exceeds the total next Annual Fee (if any) due for the Premises respecting which the abatement has arisen, City instead shall rebate to Cricket the full abatement amount within 30 days after Cricket delivers to City written request for such rebate. 4.1.7. Payments shall be made to The City of Chula Vista, Finance Department, 276 Fourth A venue, Chula Vista, CA 91910, or to such other place as City may from time to time designate by written notice to Cricket. Payments shall be accompanied by a description of payment, which identifies the sites for which payment is being made. 4.2. Surety Bond. City shall have the right to require Cricket to furnish a bond, or alternative acceptable to City, to cover the faithful performance by Cricket of its obligations under this License. If such a bond is required by City, it shall be issued by a commercial bonding company which is authorized to transact surety insurance business in the State of California and satisfactory to City; shall not be subject to termination or cancellation except upon ninety (90) days' prior written notice by certified mail to City; shall be in such form and in such amount, not to exceed $25,000, as City shall specify from time to time; and, subject to termination or cancellation as foresaid, shall be maintained in full force and effect throughout the life of this License and until City, in its sole discretion, determines that Cricket has fulfilled all of its obligations under this License. 4.3. Hold Harmless. 4.3.1. Cricket shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees (each a 'City Party'), from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the operation of the Cricket Improvements or conduct of the Cricket, or any agent or employee, subcontractors, or others acting under the direction or control of Cricket or the violation thereby of any hazardous materials laws or the release thereby of hazardous materials in connection with this License, except only to the extent of those claims arising from the sole negligence or sole willful misconduct of a City Party. Cricket's indemnification shall include any and all costs, expenses, reasonable 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, Cricket at its own expense shall, upon written request by the City, defend any such claims arising from Cricket's operations or conduct that are brought against the City, its officers, agents, or employees. Chula Vista / Cricket Master Comm. Site License 13-18 Page 120f19 Cricket also shall and does hereby agree to indemnifY, protect, defend and hold harmless the City, its elected and appointed officers and employees (each a 'City Party'), !Tom and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) incurred by the City arising directly or indirectly, !Tom (a) City's approval and issuance of Schedule and (b) City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. 4.3.2. It is agreed between the parties that the City assumes no responsibility or liability for loss, damage, expenses or claims, direct or consequential, from (a) the Cricket's inability to use the Licensed Premises for its intended purpose, contributed to or caused by the failure of existing facilities on which Cricket Improvements may be placed, inability to use the site, or otherwise, (b) the Cricket use of any related access roads, (c) Cricket's operation of the Cricket Improvements, or (d) the termination of the License by either party. 4.3.3. Notwithstanding any contrary provision of this License, each party hereby waives any right to recover from the other party or other party's partners, affiliates, agents and employees any loss or damage resulting !Tom any cause or hazard to 'the extent the loss or damage is covered by property insurance carried by the party suffering loss or damage, including any loss or damage resulting from loss of the use of any property and provided that at the time of loss the property insurers for both parties have waived rights of subrogation. These waivers shall apply between the parties and to any property insurer claiming under or through either party as a result of any asserted right of subrogation, unless any property insurer has not waived its right of subrogation (in which case these waivers shall have no effect). 4.4. Insurance. Cricket, at its sole cost and expense, shall maintain in full force and effect at all times during the term of this License (including the period between the expiration hereof and Cricket's removal of the Cricket Improvements or other equipment from the Premises or appurtenant property), Comprehensive General Liability or Commercial General Liability insurance covering bodily injury (including death), personal injury and property damage. Limits shall be in an amount of not less than one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) aggregate if applicable. Such insurance shall include the City, its officers, agents and employees, individually and collectively, as additional insureds with respect to any covered liability arising out of Cricket's performance of work under this License. Throughout the term of this License, Cricket, at its sole cost and expense, shall also maintain in full force and effect, insurance coverage for bodily injury (including death), and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles/aircraft/watercraft. Additionally, Cricket shall maintain not less than fifty thousand dollars ($50,000) Fire Legal Liability on all real property being licensed, including improvements and betterments owned by City. Cricket shall also provide fire insurance on all personal property contained within or on the Licensed Premises. The policy shall be written on a standard "all risk" contract, excluding earthquake and flood. The contract shall insure for not less than (90) percent of the actual cash value of the personal property, and shall include the City as an additional insured. Coverage shall be provided in accordance with the limits specified and the Provisions indicated herein. Claims-made policies are not acceptable. When an umbrella or excess coverage is in effect, coverage shall be provided in following form. Such insurance shall not be canceled or materially altered to reduce coverage until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Cricket shall be responsible for notifYing the City of such change or cancellation. 4.4.1. Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this License, Cricket shall file with the City the required original certificate(s) of Chula Vista I Cricket Master Cornm. Site License 13-19 Page 13 of 19 insurance with endorsements, subject to the City's prior approval, which shall clearly state all of the following: a. Provide on a form approved by the City's Risk Manager, an original plus one (I) copy of a Certificate of Insurance certifying that coverage as required has been obtained and remains in force for the period required by the License. b. All policies shall contain a special provision for thirty (30) days prior written notice of any cancellation, or change to no longer meet the herein specified insurance requirements, to be sent to the City's Risk Manager, 276 Fourth Avenue, Chula Vista, Ca 91910, or to the address shown on the Certificate of Insurance; and c. That Cricket's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. d. City is an additional insured. The certificate(s) of insurance with endorsements and notices shall be mailed to the City as the address specified in 4.4.1.b.above. 4.4.2. Workers' Compensation Insurance. Throughout the term of this License, Cricket, at its sole cost and expense, shall maintain in full force and effect, insurance coverage for: a. Statutory California Workers' Compensation coverage including a broad form all-states endorsement. b. Employer's Liability coverage for not less than one mil1ion dollars ($1,000,000) per Occurrence for all employees engaged in services or operations under this License. Policy is to include a wavier of subrogation. 4.4.3. Insurer Criteria. Any bond or insurance provider of Cricket shall be admitted and authorized to do business in California and shall be rated at least A-V in A.M Best & Company's Insurance Guide. Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. 4.4.4. Severability of Interest. Prior to the execution of this License, "Additional insured", "Cross liability," "severability of interest," or "separation of insured" endorsements/clauses shall be made a part of the commercial general liability and commercial automobile liability policies. 4.4.5. Contractors' and Subcontractors' Insurance. Cricket shall require that all contractors and subcontractors obtain insurance meeting the criteria set forth herein and shall furnish to the City copies of all certificates evidencing such policies of insurance. 4.4.6 Insurance and Indemnification Obligation. Cricket's compliance with the insurance requirements herein shall not excuse, replace, or otherwise affect Cricket's duty to indemnify and defend the City pursuant to 4.4 of this License. Chula Vista / Cricket Master Comm. Site License 13-20 Page 14 ofl9 4.4.7 Except as may be specifically provided for elsewhere in this License, City and Cricket hereby each mutually waive and all rights of recovery from the other in event of damage to the premises or property of either caused by acts of God, perils of fire, lightning, and extended coverage perils as defined in insurance policies and forms approved for use in the State of California. Each party shall obtain any special endorsements, if required by their insurer, to evidence compliance with the aforementioned wavier. 4.5. Nuisance. Cricket shall not use the licensed Premises in any manner, which, in the reasonable opinion of the City, creates a nuisance or disturbs the quiet enjoyment of the surrounding area by persons in said area. City reserves its rights to exercise its police powers and authority as they may apply to nuisance response and abatement, as provided by City ordinance exclusive of any contract provisions. 5. MISCELLANEOUS 5.1. Possessory Interest. Cricket shall pay personal property taxes and possessory interest taxes, if any, assessed against the Cricket Improvements or the Premises arising from the installation of the Cricket Improvements. Cricket recognizes and understands that this license may create a possessory interest subject to property taxation and that Cricket may be subject to the payment of property taxes levied on such interest. Cricket further agrees that such tax payment shall not reduce any ree paid to City hereunder and that such tax shall be paid by Cricket before becoming delinquent. City has no responsibility or liability for any such tax. 5.2. Utility Users' Tax. Cingular acknowledges and agrees that the wireless communication services utilizing the Cingular Improvements licensed hereunder are subject to the City's utility users' tax ("Utility Tax") pursuant to City's Municipal Code. Cingular agrees to collect the tax from service users and remit such tax to the City in accordance with the City's Municipal Code. 5.3. Governmental Approvals. Each Schedule under this License is conditioned upon Cricket, or Cricket's assigns, obtaining all governmental permits and approvals enabling Cricket, or its assigns, to construct and operate mobile/wireless communications facilities on the Cricket Improvements for that Schedule. Cricket shall at its sole cost and expense comply with all the requirements of all municipal, state, and federal authorities now in effect or which may hereafter be in effect, which pertain to the Cricket's Improvements and use thereof. City shall have no responsibility or liability for any such requirements. Cricket shall be responsible for obtaining any permits and approvals from any agency having jurisdiction over Cricket's activities. 5.4. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 5.5. Signs. No signs shall be displayed on the Premises without the prior written consent of the City in its sole discretion, except where required by law. 5.6. License Administrators. For administrative purposes, any activity covered by this License, which requires permission or consent of City shall be referred to the City Manager or Manager's duly designated representative at the following address: City Manager, City ofChula Vista 276 Fourth Avenue Chula Vista / Cricket Master Comm. Site License 13-21 Page 15 of 19 Chula Vista, California 91910 Phone: (619) 691-5031 Fax: (619) 585-5884 The designated perso'!, address, and phone number for serving official notice on Cricket shall be: Cricket Communications, Inc. Attn.: Stefan Karnavas, Vice President 10307 Pacific Center Court San Diego, CA 92121 With a copy to: Cricket Communications, Inc. Attn.: Legal Department 10307 Pacific Center Court San Diego, CA 92121 5.7. Successors and Assigns. 5.7.1. Except as provided in subsection 2 below, Cricket shall not assign any rights granted by this License nor any interest therein without the prior written approval of the City. Approval of any such proposed assignment may be withheld in the sole and absolute discretion of the City. Any assignment by operation of law shall automatically terminate this License. The tenns and provisions of this License shall extend to and be binding upon and inure to the benefit of any successors and assigns of the respective parties hereto. 5.7.2. Notwithstanding Section I above, Cricket may, without City's approval and in Cricket's sole discretion, from time to time, do any of the following: a. Grant to any person or entity a security interest in some or all of Cricket's Improvements and/or other property used or to be used in connection with this License; b. Assign or pledge Cricket's interest in this License or any Schedule to any person or entity to finance Cricket's equipment or operate Cricket's business; and c. Assign (i) to any entity which has, directly or indirectly, a 30% or greater interest in Cricket (a "parent") or in which Cricket or a Parent has a 30% or greater interest (an "Affiliate"); (ii) to any entity with which Cricket and/or any Affiliate may merge or consolidate; (iii) to a buyer of substantially all of the outstanding ownership units or assets of Cricket or any Affiliate; or (iv) to the holder or transferee of the Federal Communications ("FCC") license under which Cricket's Improvements are operated, upon FCC approval of any such transfer. Any such assignment shall not be effective until the assignee signs and delivers to City a document in which the assignee assumes responsibility for all Cricket's obligations under this License arising from and after the effective date of assignment. 5.8. Non-Waiver of Breaches. The City's or Cricket's failure to insist, respectively, in anyone or more instances, upon strict perfonnance of any of the covenants or conditions of this License shall not be considered as a waiver or relinquishment for the future of said covenants, tenns or conditions, but the Chula Vista / Cricket Master Comm. Site License 13-22 Page 16 of19 same shall continue and remain in full force and effect. 5.9. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. No alteration or variation of this License shall be valid or binding unless made in writing and signed by the parties hereto. 5.10. Time is of the Essence. Time is of the essence in performing each and all of the tenns and provisions of this License. 5.11. Waiver of Property, Relocation and Condemnation Rights. Cricket acknowledges and agrees that this License does not confer any of the following: a property right or interest or, a right to relocation or relocation assistance. 5.12. Hazardous Materials. Cricket shall not bring any Hazardous Materials onto the Licensed Premises except for those contained in Cricket's back-up power batteries (e.g. lead-acid batteries) and properly stored, reasonable quantities of common materials used in telecommunications operation (e.g. cleaning solvents). Cricket shall handle, store and dispose of all Hazardous Materials it brings onto the Licensed Premises in accordance with all federal, state and local laws and regulations. "Hazardous Materials" means any substance, chemical, pollutant or waste that is presently identified as hazardous, toxic or dangerous under any applicable federal, state or local law or regulation and specifically includes but is not limited to asbestos and asbestos containing materials, polycWorinated biphenyl's (PCBs) and petroleum or other fuels (including crude oil or any fraction or derivative thereof). City makes no representation or warranty regarding the existence of hazardous materials on some or all of the Licensed Premises, which are being licensed to Cricket in an AS IS condition. Cricket is solely responsible for investigation of any and all Licensed Premises as it sees fit to determine the suitability of the Premises for its intended use. 5.13. City Police Powers. Notwithstanding any provlSlon in this License to the contrary, Cricket acknowledges and agrees that City retains any and all police powers authority available at Law or in equity to regulate the conduct of Cricket within the City or to otherwise act in accordance with the public health, safety and welfare of the City and that nothing in this License is intended to or shall the affect of condemning or limiting such authority in any way. 5.14. Limitation on City Liability. Notwithstanding any provision in this License to the contrary Cricket's sole remedies for the City's breach of the License shall be (I) termination of the License or one or more Schedules, as appropriate; (2) specific performance or injunction; or (3) the right to withhold amounts otherwise due and payable to City hereunder with respect to one or more Licensed Premises; provided that; the foregoing limitation on liability does not apply to City's rebate obligation under Section 4.1.6 above. Except as expressly provided in the preceding sentence, in no event shall Cricket be entitled to monetary damages against the City for breach of contract hereunder. 5.15. Condemnation. If a condemning authority takes all of City's Property, or a portion, which in both parties' opinion is sufficient to render a Premise unsuitable for Cricket's use, then the applicable Schedule shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or part of the Premises to a purchaser with the power of eminent domain shall be treated as a taking by a condemning authority. Chula Vista / Cricket Master Comm. Site License 13-23 Page 17 of 19 [The Next Page is the Signature Page] ChuIa Vista I Cricket Master Comm. Site License 13-24 Page 18 of19 SIGNATURE PAGE TO MASTER COMMUNICATIONS SITE LICENSE AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms as of the date fIrst written above. Dated: ,2006 City of Chula Vista Attest: by: Stephen Padilla, Mayor Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Cricket Cricket Communications, Inc., a Delaware corporation BY:~C~ (Signa e) Name: Prn-l-hon'( Go. is.nY'''(~ (print) Title: ~ I (\J.j...vA D~"r 1.,.,. \.1,-,t- R~"" nt) By: (Signature) Name: (print) Title: (Print) Exhibit List to Agreement (I) Exhibit A Sample Improvements (2) Exhibit B: Schedule of Premises Chula Vista I Cricket Master Camm. Site License 13-25 Page 19 of 19 EXHIBIT A Sample Cricket Improvements [To be Inserted] . 13-26 EXHIBIT B Attachment I Schedule of Premises Each Licensed Premises Should be described in a Schedule in the format outlined below and made part of this Attachment I. Schedule: Cricket Site No: Commencement Date: Location: APN: Description of Installation (Attach Site Plan): Building Permit No: Conditions of Approval: Note: Violations of these conditions may result in the termination of the right to use this site for wireless communications (see Section 2.9.4a of the Master Communications Site License Agreement). Also, pursuant to Section 1.2 of the Agreement the City may add to, delete or modify this Schedule's Conditions of Approval at any time during the term of the Agreement to advance a legitimate governmental interest. Other: In addition, all work shall be scheduled in advance and coordinated with parks operations personnel, onsite recreational staff, City Engineer and Public Works Staff or other City staff as appropriate prior to commencement of the work to minimize the potential for conflicts with recreation and other City programs occurring on the site. The applicant agrees that the site will not be activated until the City has signed off on final construction. City ofChula Vista Applicant's Authorized City Representatives 13-27 COUNCIL AGENDA STATEMENT Item 14- Meeting Date: February 14, 2006 ITEM TITLE: Resolution Adopting a revised conceptual financing plan for various capital improvement projects in western Chula Vista and authorizing staff to prepare and submit an application to the United States Department of Housing and Urban Development for a Community Development Block Grant Section 108 loan to pay for a portion of these improvements SUBMITTED BY: Director of General Services ~~'J' Director of Finance ~ -(f-~ 0 Director of Community Development City Manager ;;1)OL. pR (4/5ths Vote: Yes_No...K.l REVIEWED BY: In June of 2003, the City Council adopted a conceptual financing plan for various capital improvements in Western Chula Vista. The significant component of this plan was the seeking and receipt of a loan from the United States Department of Housing and Urban Development (RUD) as part of its Community Development Block Grant (CDBG) Section 108 Loan program. Over the past two years, staff has worked with RUD staff to rectify issues in the city's CDBG program and is now in a position to apply for this loan. Due to the time that has elapsed while these efforts were undertaken, significant changes have occurred in the interest rate environment as well as the construction cost market. The revised plan addresses Council's stated infrastructure objectives and retains a comparable level of debt to the initial plan. RECOMMENDATION: That Council adopt the resolution approving the revised conceptual financing plan for various capital improvement projects in western Chula Vista and authorizing staff to prepare and submit an application to the United States Department of Housing and Urban Development (RUD) for a Section 108 loan to pay for a{lortion of these improvements. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: General Discussion With the adoption of the FY 2004 and 2005 Capital Improvement Program (CIP), the City Council approved the Western Chula Vista Infrastructure Financing Program. That program contained two financing components and a number of projects. . 14-1 Page 2, ItemA Meetintg Date: Februarv 14, 2006 The first component was a $9,000,000 bond issue (already issued with Phase I of the Civic Center), to be repaid nom revenues nom Residential Construction Tax (RCT) that was to be utilized for the following projects: Proiect Number Proiect Name Proiect Cost DR-l33 Emerson Street Drainage Improvements $730,000 DR-I 62 Miscellaneous Drainage Improvements $620,000 DR-999 Corrugated Metal Pipe (CMF) Rehabilitation $3,000,000 PR-136 Eucalyptus Park Reconstruction $2,700,000 PR-184 Woman's Club Renovation $450,000 PR-240 Otay Park Renovation $1,500,000 TOTAL $9,000,000 The second component of the program was an $11,900,000 loan nom the US Department of Housing and Urban Development (BUD) as part of their Section 108 Loan Program. The projects that were included in this component were: Project Number Proiect Name Proiect Cost PR-l36 Eucalyptus Park Reconstruction $3,300,000 PR-249 Oxford Street Park (Harborside Park) $1,500,000 PS-145 Fire Station No.5 Replacement/Renovation $2,400,000 STL-294 Major Assessment District/CDBG Street Imps. $4,700,000 TOTAL $11,900,000 Shortly after Council adopted the fiscal year 2004 CIP budget, staff started developing the plans to implement the program. A significant outreach program was initiated within the Castle Park neighborhood to make residents and property owners aware of the City's plan to provide funding for missing street improvements in conjunction with the formation of assessment districts. Staff within the Community Development Department also started the process of working with BUD to prepare the necessary documents to apply for the Section 108 loan. Once these conversations started, issues were quickly raised by BUD staff with respect to Section 108 loans the City had previously sought and procured and didn't act upon as well as other administrative issues with the management of the City's CDBG program. These issues and conversations caused the City to perform an extensive review of its CDBG program. The basic result of this review has been a complete revamping of how the City manages the CDBG program as well as changes in staff within the Community Development Department. The City hired a new Community Development Specialist to coordinate this top to bottom review of the program and to work directly with BUD to identify all of the issues, develop remedies and implement solutions. While these efforts were in progress, BUD made it very clear that they were not inclined to approve a Section 108 Loan application until the City demonstrated that the problems in the program had been resolved. 14-2 Page 3, Item--di Meetintg Date: Februarv 14,2006 Staff is pleased to report that HUD has expressed to us that they are satisfied with the actions the City has taken to correct the deficiencies and is willing to consider a Section 108 Loan application. They have also indicated that they would be far more comfortable approving an application that contained only one component, the street improvements. In June of 2005, staff provided HUD staff with a tour of the Castle Park area and they quickly recognized the need for the projects and were impressed by the City's efforts to find other funds to supplement the proposed Section 108 loan proceeds. While all of this is good news, there are some other variables that have come up or changed since Council approved the concept of the program over two years ago. First, recognizing that the Section 108 loan proceeds would be delayed and not wishing to delay the development of Harborside Park, Council approved reallocating the funding of that facility from the proposed Section 108 loan to the RCT financed portion. The RCT financed funds identified for Eucalyptus Park were swapped for the Section 108 loan funds for Harborside Park. Also, in this intervening time, we have seen significant cost escalations on all construction projects and the total cost of Harborside Park is $2,250,028 ($2,050,119 of which comes from the financing). Section 108 Loan Interest Rates When Council approved the concept, the expected interest rate on the Section 108 loan was from 1.3% to 1.5%. BUD ties the interest rate on these loans to the Three Month London Inter Bank Offer Rate (LIBOR). It was estimated that the debt service payment on the $11,900,000 loan would be approximately $700,000 per year, which represents approximately 63% of the City's typical annual CDBG capital budget. As of January 12, 2006, the LIBOR is at 4.57%. HUD also adds twenty basis points to the rate as an administrative fee bringing the effective rate up to 4.77%. In order to maintain the same amount of available CDBG funds for capital projects outside the loan program, we would need to reduce our borrowing from the original amount of $11,900,000 to approximately $9,500,000. This results in reducing the amount of the loan by $2,400,000. Staff recommends that the City maintain a balance of $300,000 to $400,000 per year of CDBG funds available for capital projects outside of the loan program so that we can maintain our regular on-going rehabilitation efforts such as the ADA Curb Ramp Program, Sidewalk Rehabilitation and CMP Rehabilitation. ProTJOsed Reallocation of Section 108 Funds With the reduction in the amount able to be borrowed and HUD's desire to see us focus on a single project, we recommend modifying the project list to eliminate funding for Eucalyptus Park and Fire Station No.5 and focus all of our efforts on street improvements. As you will see on the attached map labeled "Attachment I", staff has graphically depicted the streets that are missing improvements within the Castle Park neighborhood. Under the current approved program and Council's appropriation ofnon-CDBG funds in the FY 2006 CIP Budget, we have identified sufficient funding for the streets depicted in yellow and red. The streets shown in purple are lacking improvements as well as an identified funding source for installing improvements. While the total amount of the borrowing is decreased, staff proposes utilizing the entire $9,500,000 of Section 108 loan proceeds for street improvements which more than 14-3 Page 4, ItemA Meetintg Date: February 14, 2006 doubles that component of the program. This increase of $4,800,000 for street improvements will give us the ability to complete a substantial amount of the streets depicted in purple. The one street that will be exceedingly difficult to undertake will be Emerson Street (the east/west spine street shown in purple). The City does not have sufficient right-of-way to install sidewalks on both sides of the street. Also, the City will be embarking on a $2.2 million drainage project on Emerson Street later this fiscal year. Staff is looking at possible options and scenarios that would address Emerson Street. By eliminating Eucalyptus Park and Fire Station No. 5 from the program, we also free up approximately $360,000 of the RCT funds still programmed for Eucalyptus Park. At this time, staff recommends reprogramming those funds into the Otay Park project as we expect those costs have increased in the past two years. Staff is starting the design process of that project and will return to Council for formal appropriation of the project. The City's financial advisor has already opined that we can move the RCT bonded funds programmed to Eucalyptus Park to other western Chula Vista parks projects. These changes obviously do not address how we will move forward on Eucalyptus Park and Fire Station No.5. With respect to Eucalyptus Park, the reason for the high renovation costs is the extensive drainage improvements that need to be made to make the park fully usable all year. The park lies very close in elevation to the Sweetwater River and during wet periods and significant high tides, the water table below the park is quite close to the surface. The issue of renovating existing parks in the western portion of the City is also connected to future redevelopment in the west and the City's ability to generate park fees that could be utilized to revitalize existing facilities as well as provide new facilities. This is a complicated policy issue that can be considered as redevelopment planning efforts continue. With respect to Fire Station No.5, staff is aware that the station needs to be replaced. There are still significant questions as to how the facility will be constructed and where it would be reconstructed. These issues will be addressed as the Fire Department moves forward on its facility master plan. Outside of the financing program, Council had previously appropriated CDBG funds to provide the Fire Department with necessary funds to develop the facility program as well as investigate site related issues. Council recently approved a resolution exchanging the CDBG funds for Fire Station No.5 for RCT funds and reprogrammed the CDBG funds to a project that is closer to construction. The Fire Master Plan will also be analyzing the impacts redevelopment activities could have on the fire service in western Chula Vista. It is not known at this time whether those activities will require expansion of the capabilities of the station. It may be possible that development/redevelopment will require a larger station than currently exists (2 bays). Some of that cost could conceivably be Development Impact Fee eligible. In terms of construction funding, depending on whether all of those issues are resolved, financing of the station could be considered along with the financing of the final phase of the Civic Center. Recommendations and Conclusion The tables below provide a comparison of the original program and the changes that have already occurred and that staff proposes to make. 14-4 Page 5, Item ~ Meetintg Date: February 14, 2006 Project Name Original Funding Proposed Funding Eucalyptus Park Reconstruction $3,300,000 $0 Harborside Park Development $1,500,000 $0 Fire Station No.5 Replacement $2,400,000 $0 Street Improvements $4,700,000 $9,500,000 TOTAL $11,900,000 $9,500,000 SECTION 108 LOAN FUNDS Other Non-Section 108 Loan Funded Street Imvrovement Projects Castle Park Elementary Sidewalks Tobias Dr. (Naples - Oxford) Dixon Dr. (Naples - Oxford) $ 703,470 $ 1,011,100 $ 890,256 $ 2,604,826 TOTAL VALUE OF STREET IMPROVEMENTS - $12,104,826 Project Name RCT FINANCED FUNDS Original Funding Proposed/Already Approved Funding Draina e Pro 'eets * Emerson Street Drainage Misc. Drainage Im rovements CMP Rehabilitation First Ave, Emergency Repairs (CMP) Draina e Basin east of2" (CMP) F Street Drainage (CMP) Closed Circuit TV (CMP) Draina e Subtotal $730,000 $620,000 $3,000,000 $0 $0 $0 $0 $4,350,000 $593,214 $0 $1,832,648 $600,000 $820,517 $276,000 $615,500 $4,737,879 Parks Pro 'eets Eucalyptus Park Reconstruction Woman's Club Renovation Otay Park Renovation Harborside Park $2,700,000 $450,000 $1,500,000 $0 $4,650,000 $0 $450,000 $1,762,002 $2,050,119 $4,262,121 $9,000,000 $9,000,000 * See attached project detail sheets (No detail sheet exists for First Avenue Emergency Repairs) . 14-5 Page 6, ItemA Meetintg Date: Februarv 14. 2006 FISCAL IMPACT: There is no fiscal impact to the general fhnd as all of the projects discussed herein are funded through non-general fund funding sources. The speedy construction of the street improvements may have a positive impact on the general fund as the newer streets would require less maintenance, particularly in the years immediately following their reconstruction. LIST OF ATTACHMENTS Attachment I - Map of Castle Park area Attachment 2 - Group of Project Detail Sheets M:\General Services\GS Administration\Council Agenda\Westem CV Financing P1an\Revised Loan Application Council Agenda Statement 2 14 06.doc . 14-6 I , , " ... .-.:....-_--'-....J.-; ._-..-- y'. ~- ::->;1 , ~~:~'~.~,~; \~-~-\- .--.- ,-';' -.':,;;;~{~~~.... \~." ..---~ "--- / / ...-,.' ~:...'i~;- ['...' / , / '/ --,,"', " \ -~.-' ~, ,/- -:- ~:,,:(,~~;-;J;;:_ ~ ~;~;;~i~~~ - __ ~~,... -'~ ".,._G..lP ;>"- . .-' -O,'~,....~ __S"/.,'.c. " ~_ - 'i-I I /\..' , <'\ \'" \ -~. "i '.' /, ;' \" .'V',-"- f-' ,'.,/\ ... \ \ \ . 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W I- W '" C ::0 '" RESOLUTION 2006- RESOLUTION ADOPTING A REVISED CONCEPTUAL FINANCING PLAN FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS IN WESTERN CHULA VISTA AND AUTHORIZING STAFF TO PREPARE AND SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT SECTION 108 LOAN TO PAY FOR A PORTION OF THESE IMPROVEMENTS WHEREAS, in June of 2003, the City Council adopted a conceptual fmancing plan for various capital improvements in Western Chula Vista; and WHEREAS, one significant component of this plan was the seeking and receipt of a loan from the United States Department of Housing and Urban Development (RUD) as part of its Community Development Block Grant (CDBG) Section 108 Loan program; and WHEREAS, originally the City intended to seek an $11,900,000 loan from the U.S. Department of Housing and Urban Development (HUD) as part of their Section 108 Loan Program; and WHEREAS, due to a number of issues with RUD, the City was unable to proceed with the loan as originally anticipated; and WHEREAS, there have been significant increases and volatility in the cost of constructing projects as well as significant increases in interest rates since the adoption of the financing programs which require adjustments to both the scope of the projects as well as the amounts of borrowing; and WHEREAS, in order to comply with the Council's stated goals of undertaking significant street improvements in western Chula Vista, the Section 108 Loan component should be modified to a borrowing of$9.5 million, all of which would be utilized for street improvements; and WHEREAS, in order to fo=alize the modifications to the Section 108 Loan component, the City will need to prepare and submit a new loan application to the United States Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the revised conceptual financing plan for various capital improvement projects in western Chula Vista as depicted in Exhibit A and authorizes staff to prepare and submit an application to the United States Department of Housing and Urban Development (RUD) for a Section 108 loan to pay for a portion of these improvements. Presented by Approved as to fo= by fft,C(-A)(5- /LeP Arm Moore ~ Attorney Jack Griffin Director of General Services H:\Attorney\Final Resos\2006\2 14 06\Section 108 Reso m1.doc 14-11 SECTION 108 LOAN FUNDS Project Name Original Funding Proposed Funding Eucalyptus Park Reconstruction $3,300,000 $0 Harborside Park Development $1,500,000 $0 Fire Station No.5 Replacement $2,400,000 $0 Street Improvements $4,700,000 $9,500,000 TOTAL $11,900,000 $9,500,000 Other Non-Section 108 Loan Funded Street Improvement Proiects Castle Park Elementary Sidewalks Tobias Dr. (Naples - Oxford) Dixon Dr. (Naples - Oxford) $ 703,470 $ 1,011,100 $ 890.256 $ 2,604,826 Exhibit A ~ 14-12 COUNCIL AGENDA STATEMENT Item: I ~ Meeting Date: February 14, 2006 ITEM TITLE: Report Workshops Establishing Schedule for Council SUBMITTED BY: / Assistant City Manager Thomson rJI (\ City Manager /IV (4/5ths Vote: YES _ NO L) REVIEWED BY: There has been recent Council discussion about establishing a regular schedule for Council workshops. RECOMMENDATION: that Council: (1) Establish the first Thursday of each month as the date for Council workshops, starting March 2, 2006; and (2) Determine whether to start the Thursday workshops at 4:00 p.m., 6:00 p.m., or some other time between 4:00 p.m. and 7:00 p.m.; and (3) Direct staff to bring back to Council an ordinance formalizing this change. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: There has been discussion at the January 10 and February 7 Council meetings about scheduling Council workshops either on the fourth Tuesday of each month (after a light regular Council agenda) or on the first Thursday of each month (as basically the only item on the agenda). The Council meeting of February 7 was planned to feature a Council workshop after a regular Council meeting with a light agenda. However, the workshop didn't actually get underway until more than two hours after the start of the meeting. This caused some members of the public who came specifically for the workshop to leave before the workshop had begun. While the February 7 Council workshop was well received by both Council and the public, the late start of the workshop was clearly a problem. Based on that 15-1 Page 2 Meeting Date: February 14, 2006 experience, it is recommended that the Council workshops be scheduled for the first Thursday of each month at 4:00 p.m. or 6:00 p.m. or a similar time selected by the Council. The already planned February 28 Tuesday Council workshop is recommended to remain as scheduled (the topic will be Eminent Domain), with the first Thursday workshop being on March 2, 2006 (the topic will be Westside Infrastructure Update). The City's Municipal Code currently specifies that Council workshops are to be held the fourth Thursday of the month at 4:00 p.m. Once Council determines the new date and time it wishes to use for Council workshops, staff will bring back an ordinance updating the Municipal Code. FISCAL IMPACT: There would be limited costs for holding such workshops, primarily for staff time to prepare for and conduct the workshops and approximately $5,000 per year for videotaping of the meetings. Such workshops also may result in improvements in the City's efficiency as well as effectiveness. 15-2 2005 CHULA VISTA POLICE DEPARTMENT RESIDENT OPINION SURVEY JANUARY 2006 Criminal Justice Research Division Cynthia Burke. Ph.D. Lisbeth Howard Laura Curtis 4018 Street, Suite BOO . San Diego, CA 92101-4231. (619) 699-1900 The 18 cities and county government are SANDAG serving as the forum for regional decision-making. SANDAG builds consensus; plans, engineers, and builds public transit; makes strategic plans; obtains and allocates resources; and provides information on a broad range of topics pertinent to the region's quality of life. CHAIR: Hon. Mickey Cafagna FIRST VICE CHAIR: Hon. Mary Teresa Sessom SECOND VICE CHAIR: Hon. Lori Holt pfeiler EXECUTIVE DIRECTOR: Gary L. Gallegos CITY OF SAN MARCOS Hen. Pia Harris-Ebert, Vice Mayor (A) Hon. Hal Martin. Councilmember (A) Hon. Corky Smith, Mayor CITY OF CARLSBAD Hon. Matt Hall, Mayor Pro Tem (A) Hon. Bud Lewis, Mayor (A) Hon. Ann Kulchin. Councilmember CITY OF CHULA VISTA Hon. Steve Padilla, Mayor (A) Hon. Jerry Rindone, Council member (A) Hon. John McCann, Deputy Mayor CITY OF CORONADO Hon. Phil Monroe, Councilmember (A) Hen. Frank Tierney, Councilmember (A) Hen. Carrie Downey, Councilmember CITY OF SANTEE Hon. Jack Dale. Councilmember (A) Hen. Hal Ryan, Councilmember (A) Hon. Randy Voepel. Mayor CITY OF SOLANA BEACH Hon Joe Kellejian, Councilmember (A) Hon. Lesa Heebner, Deputy Mayor (A) Hon. David Powell, Mayor CITY OF VISTA Hon. Morris Vance, Mayor (A) Hon. Judy Ritter, Mayor Pro Tem (A) Hon. Bob Campbell, Councilmember CITY OF DEL MAR Hon. Crystal Crawford, Mayor (A) Hon. David Druker, Councilmember (A) Hon. Henry Abarbanel, Councilmember CITY OF EL CAJON Hon. Mark Lewis, Mayor (A) Hon. JiUian Hanson-Cox, Mayor Pro Tem COUNTY OF SAN DIEGO Hon. Pam Slater-Price, Chairwoman (A) Hon. Dianne Jacob, Supervisor CITY OF ENCINITAS Hon. Christy Guerin, Mayor (A) Hon. Jerome Stocks, Councilmember IIIII'ERIAL COUNTY (Advisory Member) Hon. Victor Carrillo, Supervisor (A) Hon. David Ouzan, Councilmember CITY OF ESCONDIDO Hon. Lori Holt pfeiler, Mayor (A) Hon. Ed Gallo, Mayor Pro Tem (A) Hon. Ron Newman, Councilmember CAUFORNIA OEPARIIIIENT OF TRANSPORTA11ON (Advisory Member) Will Kempton, Director (A) Pedro Orso-Delgado, District 11 Director CITY OF IMPERIAL BEACH Hon. Patricia McCoy, Councilmember (A) Hon. Diane Rose, Mayor (A) Hon. Mayda Winter, Councilmember CITY OF LA MESA Hon. Art Madrid, Mayor (A) Hon. Barry Jantz, Councilmember (A) Hon. David Allan, Vice Mayor CITY OF LEMON GROVE Hon. Mary Teresa Sessom, Mayor (A) Hon. Jerry Jones, Councilmember (A) Hon. Jerry Selby, Councilmember CITY OF NAnONAL CITY Hon. Ron Morrison, Vice Mayor (A) Hon. Frank Parra, Councilmember (A) Hon. Louie Natividad, Councilmember METROPOLITAN TRANSIT SYSTEM (Advisory Member) Harry Mathis, Chairman (A) Hon. Jerry Rindone, Vice Chairman (A) Hon. Bob Emery, Board Member NORTH COuNTY TRANSIT OISTRICT (Advisory Member) Hon. Jerome Stocks, Council member (A) Hon. Judy Ritter, Mayor Pro Tem (A) Hon. Ed Gallo, Mayor Pro Tem u.S. DEPARTMENT OF OEFENSE (Advisory Member) CAPT Daniel King, USN, CEC Commanding Officer, Southwest Division Naval Facilities Engineering Command (A) CAPT Michael Giorgione, USN, CEC Executive Officer, Southwest Division Naval Facilities Engineering Command CITY OF OCEANSIOE Hon. Shari Mackin, Deputy Mayor (A) Hon. Esther Sanchez, Councilmember (A) Hon. Jim Wood, Mayor CITY OF POWAY Hon. Mickey Cafagna, Mayor (A) Hon. Don Higginson, Council member (A) Hon. Robert Emery, CouncWmember SAN DIEGO uNIFIED PORT OISTRICT (Advisory Member) William Hall, Commissioner (A) Michael Bixler, Commissioner CITY OF SAN OIEGO Hon. Jim Madaffer, Mayor Pro Tem Hon. Scott Peters, Councilmember (A) Vacant SAN DIEGO COUNTY WATER AUTHORITY (Advisory Member) Marilyn Dailey, Commissioner (A) Mark Muir, Commissioner MEXICO (Advisory Member) Hon. Luis Cabrera C. Consulate General of Mexico As of January 5, 2006 ABSTRACT TITLE: AUTHOR: DATE: SOURCE OF COPIES: NUMBER OF PAGES: ABSTRACT: 2005 Chula Vista Police Department Resident Opinion Survey San Diego Association of Governments January 2006 San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 (619) 699-1900 57 This report contains findings from the Chula Vista Resident Opinion Survey conducted in 2005. With input from the Chula Vista Police Department (CVPD), SANDAG designed a survey and administered it to 2,781 Chula Vista residents through the agency's Local Technical Assistance (lTA) program for member agencies. Similar surveys were conducted in 1997, 2000, and 2003. In addition to learning if there have been changes in the residents' perceptions and opinions about crime and safety, the purpose of the survey was to assist the CVPD in gathering information to help plan for future priorities, public services, and programs. iii TABLE OF CONTENTS Executive Su m mary ............................................................................................................................ 1 Fin a I Report.......................................................................................................................... ..............5 I ntrod uction ............................................................................................................................. 7 Respondent Demographic Profile ............................. ............. ..... .... ......... .............................. 7 Su rvey Resu Its .......................................................................................................................... 9 Knowledge of News and Events ..................................................................................9 Opinions Regarding the Police Department.............................................................10 Perceptions and Concerns Regarding Crime and Safety..........................................18 Victimization in the Past Year ............................................... .......... ..... ............... ....... 25 Residents' Suggestions................................................................................................ 27 Summary ............. ..... .................................. .... ....... ..... .............. ......... .... ................. ................27 Methodology ......................... ............................... ..... ..... ......... ............. .................................28 Appendix A: Three Sectors Map ............................... ...................... ....... .... .....................................29 Appendix B: English and Spanish Survey Instruments ..................................................................33 Appendix C: Demographic Comparison of the 1997, 2000, 2003, and 2005 Samples ................43 Append ix D: Po I ice Prog ra m Descriptions..................................................................................... .49 Append ix E: References................................................................................................................... 5 5 v LIST OF FIGURES Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Satisfaction with Police Services, Chula Vista Resident Opinion Survey, 2005.........................................................11 Satisfaction with Police Services for Survey and Postcard Respondents, Chula Vista Resident Opinion Survey, 2005.........................................................12 Type of Contact with the CVPD in the Past 12 Months, Chula Vista Resident Opinion Survey, 2005.........................................................14 Residents Who Had Contact with CVPD Staff Overall Opinion of Contact with the CVPD, Chula Vista Resident Opinion Survey, 2005............16 Residents' Opinion of How Crime Has Changed in the Past Year, Chula Vista Resident Opinion Survey, 2005.........................................................18 Percent of Residents Who Feel Very Safe or Safe During the Day and Night, Chula Vista Resident Opinion Survey, 2005.........................................................19 Types of Areas Avoided by Residents, Chula Vista Resident Opinion Survey, 2005.........................................................23 vii LIST OF TABLES Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Table 8 Table 9 Table 10 Table. 11 Table 12 Table 13 Table C.1 Table C.2 Comparison of the 2005 Sample to the Chula Vista Adult Population, Chula Vista Resident Opinion Survey, 2005, 2000 Census, and 2004 Forecasts................................................................................................... 8 Comparison of the 2005 Sample to Chula Vista Households, Chula Vista Resident Opinion Survey, 2005, and 2000 Census ........................... 9 Residents' Primary Source of Information for Current Events, Chula Vista Resident Opinion Survey, 2005 .......................................................10 Of Those Who Were Dissatisfied, Reasons for Dissatisfaction with the CVPD, Chula Vista Resident Opinion Survey, 2005.........................................................13 Residents' Impressions of CVPD Staff, Chula Vista Resident Opinion Surveys, 1997, 2000, 2003, and 2005................................................................................... 15 Residents' Familiarity with CVPD Programs, Chulil Vista Resident Opinion Surveys, 1997,2000,2003, and 2005..................17 Percent of Residents Concerned with Neighborhood Issues, Chula Vista Resident Opinion Surveys, 1997, 2000, 2003, and 2005..................21 Top Five Concerns in Each Survey Year, (hula Vista Resident Opinion Surveys, 1997,2000,2003, and 2005..................22 Specific Areas Most Often Avoided by Residents, (hula Vista Resident Opinion Survey, 2005 .......................................................24 Reasons for Avoiding Specific Areas, Chula Vista Resident Opinion Survey, 2005 .......................................................24 Type of Victimization Reported by Residents, (hula Vista Resident Opinion Survey, 2005.........................................................25 Reasons Respondents Did Not Report Crime(s) to Law Enforcement. Chula Vista Resident Opinion Survey, 2005 .......................................................26 Residents' Suggestions for Improving Police Services, Chula Vista Resident Opinion Survey, 2005.........................................................27 Residents' Gender, Chula Vista Resident Opinion Surveys, 1997,2000,2003, and 2005...................................................................................45 Residents' Race/Ethnicity, Chula Vista Resident Opinion Surveys, 1997,2000,2003, and 2005...................................................................................45 ix Table C.3 Table C.4 Table C. 5 Table C.6 Table C. 7 Residents' Age, Chula Vista Resident Opinion Surveys, 1997,2000,2003, and 2005...................................................................................45 Language Spoken in Residents' Homes, Chula Vista Resident Opinion Surveys, 1997,2000,2003, and 2005..................46 Residents' Residence Location by Sector, Chula Vista Resident Opinion Surveys, 1997,2000,2003, and 2005..................46 Residents' Length of Time in Current Neighborhood, Chula Vista Resident Opinion Surveys, 1997,2000,2003, and 2005..................46 Residents' Household Income, Chula Vista Resident Opinion Surveys, 1997,2000,2003, and 2005...................................................................................47 x EXECUTIVE SUMMARY EXECUTIVE SUMMARY INTRODUCTION In 2005, the San Diego Association of Governments (SANDAG), through their Local Technical Assistance (LTA) program, surveyed 2,781 Chula Vista residents on behalf of the Chula Vista Police Department (CVPD). This survey, which was previously administered in 1997, 2000, and 2003, was conducted to see how residents perceive their level of safety and how they rate the services provided by the police. Thirty-one percent (31 %) of the invited residents responded to the 2005 survey, yielding 857 for analysis. Some of these surveys were returned in Spanish (including a Spanish version of the survey was again successful in increasing participation by Hispanic individuals) and some were completed on-line. In addition, 219 residents returned a final postcard which provided additional input on overall satisfaction with department services. Compared to the 1997 and 2000 samples, 2005 respondents were more likely to include Spanish speakers, those with a total annual household income of $50,000 or greater, and those who had lived in Chula Vista for six years or less. OPINIONS REGARDING THE POLICE DEPARTMENT For the fourth consecutive survey, the majority of residents (89%) reported being satisfied with the services of the CVPD. When residents noted some type of dissatisfaction, it was most often related to a slower than expected response time, the perception that there was not enough police patrols, or the feeling that there was a lack of focus on traffic issues. Most citizens who had contact with the police did so over the telephone. As a result of interactions with the police, residents often had the impression that the CVPD staff was knowledgeable, fair, professional. and respectful. While residents knew about some of the CVPD youth and community programs, including Neighborhood Watch, the Senior Volunteer Patrol, or the School Safety Patrol Program, many had not used them in the past. PERCEPTIONS AND CONCERNS REGARDING CRIME AND SAFETY Residents were more likely to think that crime had increased in other areas of San Diego County in the past year, compared to in their own neighborhood. They also reported feeling safe in their home, neighborhood, and in commercial areas during the day, but were less likely to feel as secure at night. About two in every five residents reported avoiding certain areas of the city, including specific streets, transit stations, and public parks. The top three concerns for residents in 2005 were speeding vehicles, aggressive driving, and vehicles running red lights. With the exception of the problem of traffic accidents and speeding vehicles, the percent of respondents reporting they were concerned about other types of problems was lower in 2005 than in 1997 when the survey was first conducted. Fourteen percent (14%) of the 2005 survey respondents reported that they or someone in their household had been the victim of a crime in the past year. The most common 3 types of victimization included larcenyltheft and vandalism/graffiti. According to these residents, most (69%) victims had reported at least one incident to the police, a finding that is higher than national statistics. When victims did not report crimes, they were most likely to say it was because they did not think reporting it to the police would do any good. RESIDENTS' SUGGESTIONS The majority of residents surveyed was satisfied with the police and did not have specific suggestions to offer. Of those who did, the most common suggestions were for increased police resources including patrol and more focus on traffic enforcement. OVERVIEW OF THE 2005 CHULA VISTA RESIDENT OPINION SURVEY RESULTS . 92 percent said CVPD staff had adequate knowledge. . 91 percent felt police staff showed fair treatment and displayed professional conduct. . 89 percent of residents reported being "very satisfied" or "satisfied" with the services provided by the CVPD. . 87 percent or more of residents felt safe in both residential and commercial areas of Chula Vista during the day. . 85 percent of residents were concerned with speeding vehicles and 81 percent with aggressive driving. . 60 percent thought crime in their neighborhood had neither increased nor decreased. . 45 percent had contact with the police department in the prior 12 months. . 42 percent avoided specific areas or places in the city because of safety concerns. EVALUATION RECOMMENDATIONS Based on the results of this resident opinion survey, the following recommendations are made to the CVPD: . Utilize multiple information distribution channels, including television and newspapers, to educate citizens about police activities. . Implement targeted program education campaigns to reach diverse ethnic groups and new residents. . Continue to investigate strategies to successfully address traffic issues in the city, the number one problem according to residents. . Target activities to address concerns expressed by some residents regarding local transit stations and parks. . Explore the feasibility of opening police store front offices and providing residents more opportunity for face-to-face contact with officers and other police staff. . Work with transit authorities to reduce safety concerns at transit stops by addressing environmental design issues such as poor lighting. 4 2005 CHULA VISTA POLICE DEPARTMENT RESIDENT OPINION SURVEY FINAL REPORT 2005 CHULA VISTA POLICE DEPARTMENT RESIDENT OPINION SURVEY FINAL REPORT INTRODUCTION The City of Chula Vista is the second largest city in San Diego County and the sixteenth fastest- growing city in the United States (U.S. Census Bureau, 2005). In 2005, the San Diego Association of Governments (SANDAG), through their Local Technical Assistance (LTA) program, surveyed 2.781 Chula Vista residents on behalf of the Chula Vista Police Department (CVPD). This survey focused on how residents perceive crime in their community and their level of safety, as well as how they rate the performance and services provided by the police. This report presents the results of the survey and compares them to findings from similar surveys that were administered by SANDAG in Chula Vista during 1997,2000, and 2003. RESPONDENT DEMOGRAPHIC PROFILE As is often the case with survey samples, individuals who chose to return the survey may differ from the population as a whole. According to the 2000 U.S. Census and SANDAG population estimates for 2004 based on the Census, the 2005 survey sample (which included a total of 857 respondents) differed somewhat from the 2004 Chula Vista population. As Table 1 shows, while the sample and population were similar in terms of gender, a greater percent of White residents and those 55 years of age and older returned the survey. Closely related to racial/ethnic statistics, the proportion of English speakers in the sample was also larger compared to the population (71 % versus 47%). Not shown in Table 1, 4 percent of respondents reported living in the city less than one year, 46 percent from one to six years, and 50 percent for seven years or more. Since 1997, when this survey was first administered, various strategies have been used to increase the diversity of the group of individuals providing the police department with feedback, including providing the survey in Spanish at the time of the initial mailing and offering respondents the opportunity to complete the survey on-line. These differences in methodology (which are described later in the report), as well as the changing composition of such a dynamic city, may each be contributing to different respondent profiles over time. Specifically, as Appendix C shows, over time, the proportions of females, minorities, and Spanish speakers have significantly increased. In addition, respondents in recent years have been more likely to report they live in Sector 3 (see Appendix A for a Sector Map of Chula Vista), that they are in a higher income group, and that they have lived in the city for shorter amounts of time. 7 . . . Table 1 COMPARISON OF THE 2005 SAMPLE TO THE CHULA VISTA ADULT POPULATION Chula Vista Resident Opinion Survey, 2005, 2000 Census, and 2004 Forecasts 2005 Survey Sample 2004 Population! 2000 Census' Gender Male 44% 47% Female 56% 53% RacelEthnicity White 43% 33% Hispanic 36% 47% Black 3% 4% Asian/Pacific Islander 13% 14% Other/Mixed 4% 3% Age 18 to 34 19% 34% 35 to 54 41% 40% 55 and older 40% 26% Primary Language English 71% 47% Spanish 19% 42% Other' 11% 11% TOTAL' 828.835 123,717-150,639 'At the time this report was completed, 2004 forecasts were available for gender, race/ethnicity, and age for adults age 18 and older (n=150,639). Primary language percentages are based on the 2000 Census data for adults age 18 and older (n=123,717). , . Other" includes individuals who identified themselves as being bi./ingual. 'Range in the total represents a difference in responses available for each demographic variable. NOTE: Cases with missing information not included. Percentages may not equal 100 due to rounding. 8 As Table 2 shows, the 2005 sample closely represented the population of households in Chula Vista in terms of household income. Table 2 COMPARISON OF THE 2005 SAMPLE TO CHULA VISTA HOUSEHOLDS Chula Vista Resident Opinion Survey, 2005 and 2000 Census 2005 Survey Sample 2000 Census Household Income Under $50,000 $50,000 or more 48% 52% 51% 49% TOTAL 771 57,705 NOTE: Cases with missing information are not included. Percentages may not equa/100 due to rounding. SURVEY RESULTS Knowledge of News and Events In 2005, a series of questions was added to the interview asking residents their primary source of information about current events in general and in the City of Chula Vista, as well as, news related to the CVPD'. Of those who said they kept abreast of current events (99% do in general, 98% do in regard to Chula Vista, and 92% do for the CVPD), television was the primary source of information, as Table 3 shows. However, it is worth noting that when it comes to information about the community or the police department, residents are more likely to rely primarily on a newspaper or on friendslfamily for information, than they are for events in general. Overall, fewer than one in ten respondents reported that the radio or Internet was their primary source of news information. These results suggest that if the CVPD wishes to get information out to residents, then dissemination through multiple outlets would be helpful. 1 A number of individuals indicated more than one source of primary information and are not included with the data presented in Table 3. Specifically, 241 provided more than one response for how they learned about current events in general, 180 for the City of (hula Vista, and 140 for the police department. Across these categories, around 90 percent said they received their news from television, about 70 percent from the newspaper, 40 to 50 percent from the radio, 30 to 40 percent from a friend, and 10 to 20 percent from the Internet. 9 . Table 3 RESIDENTS' PRIMARY SOURCE OF INFORMATION FOR CURRENT EVENTS Chula Vista Resident Opinion Survey, 2005 In General City of Chula Vista CVPD Television 63% 42% 48% Newspaper 21% 35% 35% Radio 7% 5% 3% Internet 5% 2% 3% Friend/Family 3% 11% 9% Other 1% 4% 3% TOTAL 583 646 627 NOTE: Cases with missing information not included. Percentages may not equal 100 due to rounding. In two other questions, respondents were asked if they had ever logged onto the CVPD Web site Cwww.chulavistaDd.ora) or onto the Automated Regional Justice Information 5ystem (ARJI5) Web site Cwww.ariis.ora) to learn about crime in their neighborhood. Overall, ten percent and six percent (respectively) responded affirmatively. Additional analyses revealed that individuals who had completed the survey on-line, reported a household income of $50,000 or more, and individuals between the ages of 18 and 34 were significantly more likely to have accessed one or both of these Web sites in the past (not shown). Opinions Regarding the Police Department Overall Satisfaction Almost all residents surveyed were satisfied with police services. A number of questions designed to explore how satisfied residents are with the CVPD have been included in the opinion surveys over the past several years. As the following section shows, residents have given consistently high marks to the police department, the services provided, and the staff. . 10 On one of these questions, respondents were asked to rate how satisfied they were with police department services on a four-point scale that ranged from "very satisfied" (1) to "not at all satisfied" (4). As Figure 1 shows, almost nine out of ten respondents reported that they were "very satisfied" or "satisfied" with the services of the CVPD (these percentages were very similar at 93%. 92%, and 90% in previous years)'. As one survey respondent expressed, "Keep up the good work. Living in (hula Vista is fun and safe because you keep it that way!" Figure 1 SATISFACTION WITH POLICE SERVICES Chula Vista Resident Opinion Survey, 200S ----------~ -- ------- Not Satisfied 11% Satisfied 89% TOTAL = 766 NOTE: Cases with missing information or "no opinion" not included. Percentages may not equal 100 due to rounding. 2 Additional analyses revealed that residents between the ages of 18 and 34 were least likely to be satisfied (83%) and those 55 years of age and older were most likely to be satisfied (92%) (87% of those between 35 and 54 were satisfied). In 2003, residents age 18 to 34 were more likely to be satisfied (91 %) than they were in 2005. There was no change in the percent of satisfied residents in the other age groups from 2003 to 2005. 11 For the first time in 2005, residents who had not taken the opportunity to return a survey were sent a postcard that included one closed-ended question on it - "In general, how satisfied are you with the services of the Chula Vista Police Department". By completing this postcard, an additional 219 residents took the opportunity to tell the police department how satisfied they were on the same four-point scale described previously. As Figure 2 shows, these residents were equally satisfied, compared to those who returned the 2005 survey. However, when the percentages who said they were "very satisfied" and "satisfied" are examined separately, one can see that those who did not return the entire survey, but did return the one-question postcard, were actually more likely to give the CVPD the highest rating possible (43% versus 29% of survey respondents). This suggests that, in general, individuals who did not return the survey are more likely to be "very satisfied" rather than "satisfied" with the police. Figure 2 SATISFACTION WITH POLICE SERVICES FOR SURVEY AND POSTCARD RESPONDENTS Chula Vista Resident Opinion Survey, 200S 90% BO% 70% . 60% 50% 40% 30% 20% 10% 0% Survey (n=766) Postcard (n=219) OVery 5atisfied III Satisfied NOTE: Cases with missing information or "no opinion" not included. . . 12 The 88 respondents who said they were "not too satisfied" or "not at all satisfied" on the survey in 2005 were asked to explain the reason(s) for this low rating. Seventy-eight (78) did so. As Table 4 shows, the most common reasons provided included the perception that the police department's response time was not quick enough (26%) and that there should be a greater amount of patrol in the communities (26%). Other responses given by residents included that too little attention was paid to traffic issues (21 %), they had a negative interaction with a CVPD employee (18%), and that problems persist in the community despite efforts to address them (12%). Less than five percent each gave other reasons, including that police are not adequately trained, there is a lack of information given to the public on available police services, and that too much attention is paid to traffic issues. Compared to 2003, a smaller percent of respondents in 2005 commented on response time (39% in 2003 versus 26%) and having a negative interaction with staff (24% in 2003 versus 18%), while a greater proportion felt that there needed to be more of a focus on traffic issues (5% in 2003 versus 21 %) (not shown). Table 4 OF THOSE WHO WERE DISSATISFIED, REASONS FOR DISSATISFACTION WITH THE CVPD Chula Vista Resident Opinion Survey, 2005 Police response not timely Not enough patrol officers Too little focus on traffic issues Negative interaction with staff Problems persist Police not adequately trained Lack of information given to the public Too much focus on traffic issues 26% 26% 21% 18% 12% 4% 3% 1% TOTAL 78 NOTE: Cases with missing information not included. Percentages are based on multiple responses. 13 Frequency and Nature of Contact with the Police Department In 2005, almost half (45%) of the survey respondents noted that they had some type of contact with the CVPD in the previous 12 months, a figure similar to prior surveys (when 46% to 57% reported having contact). Additional analyses revealed that residents ages 18 to 34 were significantly more likely to report having had contact (53% compared to 39% to 48% of older residents), as were respondents who identified themselves as Black (62% versus 27% to 49% for other ethnic groups), and residents of Sector 1 (52% versus 38% and 47%) (not shown). As Figure 3 shows, the most common type of contact, reported by 59 percent of respondents, was contact over the phone, either by calling 911 or the non-emergency line. Other types of contact included speaking to an officer on the street or at a community meeting (31 %) or going to the police department in person (18%). Hispanics were most likely to go to the police department (26%), while Blacks and others were least likely (12%) and this difference was statistically significant. Conversely, Blacks and others were most likely to contact police through "other" means, while Hispanics were least likely (14%) to do so (not shown). Not shown in Figure 3, 8 percent of respondents each described "other" types of contact, including having an officer come to their home or business or receiving some type of service, and 4 percent having a traffic citation or accident. Figure 3 TYPE OF CONTACT WITH THE CVPD IN THE PAST 12 MONTHS Chula Vista Resident Opinion Survey, 200S 59% 60% 50% 40% 30% 20% 10% 0% Phoned On Street or at Meeting Went to the PD TOTAL = 3S9 NOTE: Cases with missing information not included. Percentages based on multiple responses. 14 Residents who reported having contact with the police department were asked to make additional ratings regarding how they were treated. Specifically, they were asked to say whether they agreed (on a four-point scale) with statements that could be used to describe the employee's behavior. Table 5 presents the percent of respondents who "strongly agreed" or "agreed" with each of the descriptions. Once again, residents who had contact with the CVPD gave very high marks to the officers and other staff with whom they had contact. In 2005, more than nine out of ten residents surveyed felt that the CVPD staff had adequate knowledge to do his/her job, treated the resident fairly, displayed professional conduct, and demonstrated a respectful attitude. In addition, more than three in every four respondents (77%) gave high ratings on each of the seven criteria (not shown). Most residents who had contact, thought CVPD staff had adequate knowledge. Table 5 RESIDENTS' IMPRESSIONS OF CVPD STAFF Chula Vista Resident Opinion Survey, 1997, 2000, 2003, and 2005 1997 2000 2003 2005 Had adequate knowledge 92% 91% 93% 92% Showed fair treatment 92% 87% 93% 91% Displayed professional conduct 94% 91% 94% 91% Had a respectful attitude 92% 89% 93% 90% Was helpful 88% 86% 89% 87% Was caring and/or sensitive 86% 82% 87% 85% Responded in a reasonable time 85% 85% 87% 83% TOTAL' 621-689 466-505 626-680 303-312 7 Range in the total represents a difference in responses available for each survey question. NOTE: Cases with missing information or -no opinion" not included. 15 When individuals who had been in contact with the police department were asked to make an overall rating of their contact with the CVPD, 44 percent said it was "excellent", 35 percent "very good", 16 percent "fair", and 5 percent "poor" (Figure 4). This pattern of responses was almost identical to those given in 2000 and 2003 (not shown). Figure 4 RESIDENTS WHO HAD CONTACT WITH CVPD STAFF OVERALL OPINION OF CONTACT WITH THE CVPD Chula Vista Resident Opinion Survey, 2005 -~- ~ Poor 5% Excellent 44% Very good 35% TOTAL = 342 NOTE: Cases with missing information not included. Knowledge and Use of Police Programs The CVPD coordinates a number of programs in the community, both for youth and adults. In 2005, 86 percent of the respondents had heard of at least one of these programs (not shown), and as Table 6 shows, residents were most familiar with Neighborhood Watch, 5enior Volunteer Patrol, and the 5chool Safety Patrol Program. In addition, it is worth noting that the percentage reporting knowledge of these programs increased considerably from 2003 for both Neighborhood Watch (69% to 85%) and the 5chool Safety Patrol Program (49% to 62%). However, the percentages reporting knowledge in 2005 were lower than in 1997 for nine out of ten programs that were included on both versions. Additional analysis also revealed that Hispanic and Asian residents, those who lived in Chula Vista for less than one year, and those with incomes less than $50,000 were less likely to have program knowledge, compared to other residents (not shown). One resident suggested, "Have the media do more coverage as far as talking about programs available to the community. Give or post flyers at the Residents are most familiar with the Neighborhood Watch Program. 16 schools, family resource centers, and local organizations to increase community participation and awareness." A description of these programs is provided in Appendix D. Table 6 RESIDENTS' FAMILIARITY WITH CVPD PROGRAMS Chula Vista Resident Opinion Survey. 1997. 2000. 2003. and 2005 1997 2000 2003 2005 Youth Programs School Safety Patrol Program 79% 68% 49% 62% Shop-With-A-Cop Program 36% 34% 32% 36% Police Activity League 50% 43% 31% 31% Juvenile Offender Diversion Program 39% 42% 28% 32% 8ullying Prevention Program NA NA 20% 26% Community Programs Neighborhood Watch 91% 87% 69% 85% Senior Volunteer Patrol 87% 85% 70% 74% Graffiti Abatement Program 59% 60% 44% 56% Reserve Officers 68% 64% 51% 55% Crime Prevention Awareness Program 70% 63% 48% 52% School Resource Officers NA NA NA 43% Family Violence Response Team NA 42% 32% 39% Citizens' Adversity Support Team 30% 29% 22% 26% Psychiatric Emergency Response Team NA NA NA 24% Police Citizens' Academy NA NA 21% 23% Crime Free Multi-Housing NA 27% 20% 21% Police English as a Second Language Class NA NA 15% 17% TOTAL' 1.008- 1.101- 1.269- 739- 1.045 1.142 1.336 777 1 Range in the total represents a difference in responses for each survey question. NOTE: Cases with missing information not included. NA is shown when the question was not asked during that survey year. 17 Respondents were also asked if they had ever used any of the programs they reported knowing about. Overall, only 26 percent of respondents had used any of these programs in the past, with the most frequently utilized programs including the School Safety Patrol Program (used by 20% who knew about the program), School Resource Officers (used by 14%), and Neighborhood Watch (used by 14%). However, the only significant predictors of use included length of residency (with new residents less likely to have done so) and sector (with Sector 1 residents more likely to utilize the programs and Sector 3 less likely) (not shown). Perceptions and Concerns Regarding Crime and Safety Perceived Change in Amount of Crime As part of the 2005 survey, residents were asked to state whether they thought crime had increased, decreased, or stayed the same in the past year in three areas: (1) their neighborhood; (2) the City of Chula Vista; and (3) 5an Diego County as a whole. As with previous years, residents were more likely to think crime had increased in areas outside their own neighborhood (52% for the County, compared to 38% for Chula Vista and 28% for their own neighborhood) (Figure 5). In actuality, the FBI Index Crime rate 1 in Chula Vista decreased between 2003 and 2004 (from 39.3 to 38.4), as did the crime rate for the county (37.2 to 36.9 in 2004) (not shown). Figure 5 RESIDENTS' OPINION OF HOW CRIME HAS CHANGED IN THE PAST YEAR Chula Vista Resident Opinion Survey, 2005 70% 60% 60% 50% 40% 30% 20% 10% Neighborhood Chula Vista County 1:1 Increased . Decreased E:I Stayed the same TOTAL' = 520-596 1 Range in the total represents a difference in responses available for each survey question. NOTE: Cases with missing information not included. Percentages may not equal 1 00 due to rounding. 1 The FBI Index Crime rate is a measure of how many Part I crimes were reported to law enforcement per 1,000 residents. Part I crimes include homicide, rape, robbery, assault, burglary, motor vehicle theft, and larceny. 18 Feelings of Safety Feeling safe at home and around one's neighborhood is an important quality of life issue. As such, residents were asked to rate, on a four-point scale that ranged from "very safe" (1) to "very unsafe" (4), how safe they feel at home alone, walking alone in their neighborhoods, and walking alone in commercial areas of (hula Vista during both the day and night. As Figure 6 shows, around nine out of every ten residents feel safe in these locations during the day. However, at night, the percent who report still feeling safe decreased considerably in terms of the person's neighborhood (90% to 63%) and in commercial areas (87% to 53%). Some significant predictors of feelings of safety included gender (with females often more likely to report feeling unsafe than males), income (with those reporting lower household incomes more likely to feel unsafe), and sector (with residents in Sector 3 feeling more safe than those in Sectors 1 and 2) (not shown). These results were consistent with 2003 survey results in which most residents reported feeling very safe or safe at home, in their neighborhood, or in commercial areas of (hula Vista during the day (93%, 91 %, and 86%, respectively) and at night (87%, 64%, 55%, respectively) (not shown). Residents feel least safe in commercial areas at night. Figure 6 PERCENT OF RESIDENTS WHO FEEL VERY SAFE OR SAFE DURING THE DAY AND NIGHT Chula Vista Resident Opinion Survey, 2005 ,~_ ~~~_~__~___~,~C'~___ .~.~,_._~_~~_~_~ __ _ 80% 93% 100% 60% 40% 20% 0% At home In neighborhood In commerical area 121 Day . Night TOTAL' = 761 - 822 1 Range in the total represents a difference in responses available for each survey question. NOTE: Cases with missing information and "no opinion" not included. 19 Additional questions added to the 2005 survey asked respondents (using the same four-point rating scale) how safe they felt in public parks and using transit stations in general. Overall, 81 percent reported feeling "very safe" or "reasonably safe" at parks, as did 65 percent when using transit stations. In addition, 79 percent of residents reported feeling that (hula Vista public schools are "very safe" or "reasonably safe'" (not shown). Issues of Concern Questions were included in each of the four surveys asking respondents to rate their level of concern with different types of neighborhood issues. These ratings were made on a four-point scale that ranged from "very concerned" (1) to "not at all concerned" (4). Respondents were also able to indicate that they had no opinion. The percent of residents who were "very concerned" or "somewhat concerned" is presented in Table 7. In all four years, speeding vehicles was the issue that generated the most concern from residents (ranging from 82% to 85% of respondents). Other top concerns in 2005 included aggressive driving (81 %) (which was not specifically asked about previously), vehicles running red lights (76%), and identity theft (73%). More than half of residents also expressed concern about the number of traffic accidents, graffiti, auto theft, burglary, gangs, having things stolen from vehicles, bullying at schools, drug sales, illegal possession of firearms, and homelessnessltransients. However, it is worth noting that with the exception of traffic accidents and speeding vehicles, the percent reporting concern with each of the issues listed in Table 7 decreased from 1997 to 2005. Overall, residents reported being concerned with 11.7 areas on average, with newer residents and those with greater household incomes less concerned than other residents (not shown). Speeding vehicles are residents' number one concern. 4 This rating did not vary for people who had children attending public school in (hula Vista. 20 Table 7 PERCENT OF RESIDENTS CONCERNED WITH NEIGHBORHOOD ISSUES Chula Vista Resident Opinion Surveys. 1997. 2000. 2003. and 2005 1997 2000 2003 2005 Speeding vehicles 83% 83% 82% 85% Aggressive driving NA NA NA 81% Vehicles running red lights NA NA 74% 76% Identity theft NA NA 69% 73% Traffic accidents 69% 68% 68% 70% Graffiti 80% 76% 67% 69% Auto theft NA NA 65% 67% 8urglary 82% 78% 63% 64% Gangs 77% 67% 60% 64% Having things stolen from vehicle NA NA 63% 63% Bullying at school NA NA 55% 60% Drug sales 74% 64% 62% 60% Illegal possession of firearms 70% 63% 55% 56% H omelessnessltransients 60% 54% 49% 52% Assault 68% 59% 50% 50% Alcohol sales to youth 68% 58% 50% 50% Other noise disturbances NA NA 44% 46% Getting mugged NA NA 47% 46% Noisy parties NA NA 42% 45% Condition of neighbors' residences NA NA 45% 43% Public drunkenness 56% 44% 43% 43% Hate crimes 59% 51% 41% 40% Abandoned cars NA NA 39% 36% Prostitution 48% 38% 36% 35% TOTAL' 957- 978- 1.155- 619-798 1.047 1.082 1.428 NOTE: Cases with missing information and "no opinion" not included. NA is shown when the question was not asked during that survey year. 'Range in the total represents a difference in responses available for each survey question. 21 L.....__.._.._._ . Table 8 presents a comparison of the top five concerns from each year, including only the issues that were specifically rated on each survey (Le., aggressive driving, vehicles running red lights, identity theft, auto theft, and having things stolen from one's vehicle were excluded). As this table shows, residents became more concerned about traffic accidents in later years, compared to 1997 when this issue was not in the top five. This increased concern about traffic may be a factor of the rapid population growth in (hula Vista in recent years. Also in 2003 and 2005, residents appeared to be less concerned about burglary than in 1997 and 2000 (decreasing from 2nd to 4th on the list) and the issue of gangs reappeared in the top five concerns in 2005 after not being in the top five in 2003. Table 8 TOP FIVE CONCERNS IN EACH SURVEY YEAR Chula Vista Resident Opinion Survey, 1997, 2000, 2003, and 2005 1997 2000 2003 2005 Speeding vehicles Burglary Graffiti Gangs Drug sales Speeding vehicles Burglary Graffiti Traffic accidents Gangs Speeding vehicles Traffic accidents Graffiti Burglary Drug sales Speeding vehicles Traffic accidents Graffiti Burglary Gangs NOTE: Cases with missing information and "no opinion" not included. . . 22 Avoidance of Specific Areas In another series of questions, survey respondents were asked if they avoided (hula Vista because they felt unsafe. A list of areas was provided to respondents and they were asked to specify which, if any, they avoided and why. Overall, 42 percent of respondents reported that they avoid certain areas of the city, which was about the same in 2003 (43%) (not shown). In 2005, the most commonly avoided areas included specific streets (23%), transit stations (21 %), parks (18%), and shopping centers (11 %) (Figure 7). Respondents ages 55 and older and males were less likely to report that they avoid specific areas compared to younger and female residents (not shown). specific areas in The areas most avoided by residents were specific streets and public transit. Figure 7 TYPES OF AREAS AVOIDED BY RESIDENTS Chula Vista Resident Opinion Survey, 200S ".~--,--".- -_._--_._,---~~~--_.-~_._"._~_._---.~-- 30% 10% 23% 20% Streets Transit Parks Shopping Centers TOTAL = 857 NOTE: Cases with missing information and "no opinion" not included. 23 When asked for more detail regarding which specific areas they avoided, similar locations were repeated by survey respondents, as Table 9 shows. While most of these respondents noted they avoid all transit stations and parks, specific streets (including Broadway, Western streets, and Main) and shopping centers (Chula Vista Shopping Center) were described. Table 9 SPECIFIC AREAS MOST OFTEN AVOIDED BY RESIDENTS Chula Vista Resident Opinion Survey, 200S Streets Transit Parks ShODDinaCenters Broadway (29%) Western streets (23%) Main (14%) Woodlawn (8%) Third (7%) All (34%) H Street (35%) Palomar (27%) E Street (24%) All (16%) lauderbach (12%) Marina (9%) West Side (7%) Memorial (7%) CV Center (61 %) All (8%) West Side (7%) Costco (5%) TOTAL = 167 TOTAL = 139 TOTAL = 151 TOTAL = 83 NOTE: Cases with missing information not included. Percentages based on multiple responses. Only most common responses shown here. Table 10 presents the most common reasons cited for avoiding these areas. It appears that youth/gangs was the most consistently cited reason provided by respondents, with others noting concern about people who congregate in the area or the crimes they perceive to be occurring there. Table 10 REASONS FOR AVOIDING SPECIFIC AREAS Chula Vista Resident Opinion Survey, 2005 Streets Transit Parks ShoDDina Centers Youth/Gangs (26%) Crime (36%) Youth/Gangs (26%) Youth/Gangs (52%) Certain People (23%) Youth/Gangs (26%) Transients (17%) Crime (23%) Crime (22%) Certain People (21 %) Drugs/Alcohol (14%) At Night (17%) Drugs/Alcohol (15%) Transients (12%) Certain People (13%) Certain People (10%) Bad Lighting (14%) Bad Lighting (12%) At Night (13%) Bad Lighting (5%) TOTAL = 130 TOTAL = 116 TOTAL = 151 TOTAL = 60 NOTE: Cases with missing information not included. Percentages based on multiple responses. Only most common responses shown here. 24 Victimization in the Past Year Fourteen percent (14%) of the 2005 survey respondents said that they or someone else in their household had been a victim of crime in the past year. Around nine out of ten (~3%) of these individuals also said that the crime had occurred in the City of Chula Vista (not shown), ~ Table 11 shows, residents in 2005 who said someone in their household was a victim of a crime were most likely to report that this crime was larceny (which includes something being stolen from one's vehicle) (35%) or vandalism/graffiti (21 %). Other types of victimization included motor vehicle theft, burglary, and assault. Table 11 TYPE OF VICTIMIZATION REPORTED BY RESIDENTS Chula Vista Resident Opinion Survey, 200S Larceny (including theft from a motor vehicle) Vandalism/Graffiti Motor vehicle theft Burglary Assault Identity theft/Fraud Hit and run Sexual assault/victimization Robbery Domestic violence Other 35% 21% 16% 11% 9% 6% 7% 4% 3% 3% 2% TOTAL 107 NOTE: Cases with missing information not included. Percentages based on multiple responses. National estimates suggest that only 4B percent of violent crimes and 38 percent of property crimes are reported to law enforcement officials (Bureau of Justice Statistics, 2004). However, 69 percent of the individuals responding to these surveys who reported they or someone in their household was a victim of a crime said they had reported at least one of the incidents (if there was more than one) to the polices This relatively high reporting rate was also seen in 1997 (70%), 2000 (72%), and 2003 (75%) and suggests that there could be a higher crime reporting rate among Chula Vista residents co~pared to the rest of the nation, or alternatively, that individuals who returned the survey have a higher reporting rate than residents who were not surveyed or chose not to return the survey (not shown). 5 Sixty percent (60%) reported their one incident to law enforcement and nine percent reported one or some, but not all of the incidents to police. In 1997 and 2000, respondents were not given this latter response choice. 25 When individuals who did not report an incident to law enforcement were asked their reason for not sharing this information, the most common reason (reported by 36%) was that they did not think reporting it to police would do any good (Table 12). In addition, others said they did not think the incident was important enough (21 %) or they reported the incident to someone else, such as an apartment manager (14%). Table 12 REASONS RESPONDENTS DID NOT REPORT CRIME(S) TO LAW ENFORCEMENT Chula Vista Resident Opinion Survey, 200S Would not do any good Not important enough Reported to someone else Didn't think of it Don't know who did it Don't know how to The police notified them Fear of retaliation Items were replaced Took care of situation on own 36% 21% 14% 12% 10% 5% 5% 2% 2% 2% TOTAL 42 NOTE: Cases with missing information not included. Percentages based on multiple responses. , 26 Residents' Suggestions At the end of the opinion survey, residents were asked to share suggestions for how the CVPD could provide better service. Of the 857 respondents, only 29 percent provided specific feedback. As Table 13 shows, 12 percent suggested that there be increased police resources, including visibility/patrol, and 7 percent requested that the department focus more on traffic enforcement. Demonstrating this sentiment, one resident noted, "If possible, continue to expand evening patrols. I believe your presence makes a big difference in deterring crime," Another noted that, "Chula Vista should hire more officers and this way increase their presence in our streets. I believe the rapid growth of Chula Vista merits this change," Three percent (3%) suggested that the CVPD needs to increase officer professionalism and cultural relations. Suggestions made by two percent or less of the residents answering the question included focusing on quality of life issues, having more education about programs and services, focusing more on juvenile delinquency and graffiti, and faster response times. Table 13 RESIDENTS' SUGGESTIONS FOR IMPROVING POLICE SERVICES Chula Vista Resident Opinion Survey. 2005 Increase police resources/patrols Focus more on traffic enforcement Increase officer professionalismtcultural relations Focus on quality of life issues Educate citizens about programs and services Focus more on juvenile delinquency Faster response time Focus more on graffiti Other 12% 7% 3% 2% 2% 2% 2% 1% 1% TOTAL NOTE: Percentages based on multiple responses. 857 SUMMARY SANDAG surveyed a sample of 2,781 Chula Vista residents on behalf of the Chula Vista Police Department to assess their satisfaction with police department services and their perceived feelings of safety and received 857 completed surveys and 219 single question postcards. Most respondents reported feeling safe in their home, neighborhood, and within commercial areas of the city during the day. Residents top five concerns about neighborhood issues in 2005 were associated with traffic- related issues or identity theft. Two out of five residents said they avoided specific areas or places within Chula Vista because they felt the areas were unsafe. The areas most avoided by residents were specific streets and public transit stations. Residents avoid certain areas in the city most often because of youth or gang activity, perceived crime, or certain people who frequent these areas. Of the respondents who reported that they or someone else in their household had been the victim of a crime, most were a victim of a property crime and more than two-thirds reported the incident to police. Overall, the residents of this survey reported being very satisfied with the services provided by the CVPD and those who interacted with department staff in the past year felt that staff was knowledgeable, fair, professional, and respectful. The most common suggestions from respondents 27 for improving police services included increasing resources and patrol, as well as enhancing focus on traffic enforcement. METHODOLOGY The sample of 2,781 households was proportionally sampled after stratifying by the five zip codes (91910,91911,91913,91914, and 91915) in the City of Chula Vista. Of the 2,781 surveys mailed in 2005, a total of 857 surveys were returned (yielding a 31% response rate) and a total of 219 single question postcards were received. While the survey was anonymous, identification numbers were included on the instrument to ensure that only one survey per household was returned. The survey response rate was consistent across the three sectors of Chula Vista, ensuring that the number of households in each of the three areas was equally represented. The response rate for Sector 1 was 28 percent, 38 percent in Sector 2, and 34 percent for Sector 3. In 2005, 28 percent of Chula Vista households were located in Sector One, 39 percent in Sector Two, and 33 percent in Sector Three. These percentages differ from those reported in the 2000 Census (34%, 37%, and 29%, respectively) due to the significant number of new homes built in Sector Three since 2000. Sector One is on the west side of Interstate 805, Sector Two represents areas on both sides of this freeway, and Sector Three represents the eastern-most part of the city. A map of the three sectors is provided in Appendix A. To encourage participation in 2005, respondents were sent a postcard a week prior to mailing the survey to let them know they had been selected to participate. Surveys were sent in June 2005 and July 2005. Two four-page surveys (one in English and one in Spanish), a cover letter explaining the survey, and a postage-paid return envelope were sent to the sampled households. In 1997 and 2000, participants had to specifically request a Spanish survey be mailed to them. The inclusion of a translated survey increased the percent of Hispanic and Spanish-speaking residents in the sample, with 13 percent of the surveys completed in Spanish. Copies of these surveys and accompanying materials are included in Appendix 8. Approximately four weeks after the first mailing, a second mailing went out to residents who had not returned a survey. For the first time in 2005, postcards were sent out two weeks after the second mailing of the survey. This allowed residents to complete one question regarding their satisfaction with the Chula Vista Police Department's services and add any additional comments. . Participants were offered the choice of returning a hard copy of the written surveyor completing it via the Internet. Twelve percent (12%) of the surveys were completed electronically, an increase from 8 percent in 2003. Despite these additional efforts, the response rate was lower in 2005 than either 1997 (37%) or 2000 (39%), but showed no change from 2003 (31%). However, with the . addition of having the option of mailing in the postcard, the response rate increased to 39 percent this year. . 28 APPENDIX A THREE SECTORS MAP I- Z W :!EIII I-<C lall:W BE .. <C II: ilia..... .- W..... >0>0:: .!WII:O ::iIVWI- .&:.v :i ~ 1rl []~ ~N 1M OW'^ :: ~a. w.. o 0 3 >.<Cw Q.~ .. I- V ._ VI - V-> >11: <cw ...11I :;) ::s:: v ....,...... ...... . . H. ...... ::':".......... ... . :.:::::::........ ; :(T~~~~:;~~~ ~: :" " a; "- o ;:: M 31 ~ .LS3MJIIH >- UJ Z o --' LLIO'/ ~ rJJ UJ ::;; >- ;:: o >- :s: 0:: ;;;: 031^1 Sn.L::JII::J o " <> .LIH3HL11 ~ is rJJ UJ Z ~ <C ~ III o OJ :s: "' o I ~ '" >< OJ ~ OJ ;; '> UJ 0:: Q. ::;; UJ rJJ ;; '> UJ 0:: Q. ::;; UJ u; g " " 0- e .'!l -0 > 10 If ~ ..\; z.... '" ~ ::!: N ~ L() o o '" o o N ~ '" :J C '" ~ Qj ... '" Q c. '" APPENDIX B ENGLISH AND SPANISH SURVEY INSTRUMENTS ~~~ -.- ~~ OIY OF OIUlA VISTA 2005 CHULA VISTA RESIDENT OPINION SURVEY _J'hlll City of Chula VIsta Is conducting a survey of residents to find out their attitudes and opinions about the Pollee )epartment, disorder, and crime. Please take a few mll1utall to complete this survey - your responses IIrlll vel)' .mportant. You may complew this survey on paper and return It In the enclosllld postage-pald envelope or COlllP1lllwlt _ 9nllnlll. If more space ill needed when ans'llflllrlng the ql!estions. you may Include additional pages. If you WOl!ld n!tlll to :;Gmplete the survey online. go to ~p:/~.s\lnda~'~Wf~~~ to access the survlllY and enter ~hllll!>~~lJIber 'oca. ted ()n the top of thlspalle. Pleas. com"llIIw th!l Sl!rv!l.,Wlthll, the next 2 wHks. The$an Diego ~s"c!.tlon of J~OVlllrnments (SANDAG) IS assisting us with thlll study. 11 yc:iJ liaV!l questionsa~ut the !lurvey, contii!!ii~~\IIIIth lip)varcl with SANDAG (619..&99-6910). Th!!",k. ou for YOl!r tll"lII !lnd Input. 1. During the past year, do you think that crime In the following areas has Increased, decreased, or stayed about the same? (Please circle the number under your response) Increased Decreased Staved About the Same Don't Know!No Crime . Crime in your neighborhood . Crime In the City of Cl1ula Vista . Crime in the County of San Diego 1 1 1 2 2 2 3 3 3 4 4 4 that best describes how safe you feel. 2. How safe do you feel In each of the following situations? For each situation, please circle the number under the response . Being in public parks in Chula Vista . Usingtransn iocIIIiOr\Sln Chuia \lI$UI Durlna the Dav . Witlkj"g!$IQ~lilYl.il!r;MlghbqmQQd" ,. VelJl Safe 1 1 1 . Walking alone in the business areas of Chula Vista 1 . !'!emg at hameelonll 1 Durina the Nlaht . Wliif\lriii @lo~lnyqurii1l1lghbqrtiOt1<l .1 . Walking alone in the business areas of Chula Vista 1 . ~ellig.at l10nle II(lne< 1 , Reasonably Somewhat VelJl Don't Know! Safe Unsafe Unsafe No ODinion 2 3 4 5 2 3 4 6 .~ 3 4. ,!j't i 2 3 4 5 ,2 3 4 6 ,:2'. 3 4 Ii 2 3 4 5 It 3 4 ':11 describes what you think.) 2a. How safe would you say public schools In Chula Vista are? (Please circle the number under the response that best . Chula Vista public schools are VelJl Safe 1 Reasonably Safe 2 Somewhat Unsafe 3 OonY Know! No ODinion 5 VelJl Unsafe 4 2b. Do you have any children attending public schools In Chula Vista? 1 Ves 2 No 3. Do you avoid any of the following specific areas in Chula Vista because you feel they are not safe? (Please check ell thet epply) o Public parks (If checked, please specify which park(s).) If cheeked, why do yOU avoid the p,!rk(s)? " . ' o Shopping c:IiInWni 1If!?/:!~!lIICI, pl_,'~WI1ICh shoppln!! ~!rtitr(sM If ohecked; w~~.~~ YIIUJwold t\I8~tij;plij~g eentsr(s)?' ,.' '., . o Transit stations (If checked, please specify which transit statlon(s).) If checked, why do you avoid the transit statlon(s)? . . '0,' o Speclfio s~ (1f~11111C~, pl_ SJIIICIfy whiCh street(s).) If checked, why clo you avcld'thilllltr'eet(s)? 35 (Continued from previous page) o Other locations (If checked, please specify which location(s).) If checked, why do you avoid the locatlon(s)? o Do not avoid any of these areas 4. How concerned are you about the following Issues In your neighborhood? (Please circle the number under your response) . Drug sales . Gangs . Illegal possession of firearms . Public drunkenness . Alcohol sales to youth . Pr'O$t"utjdn . Transients . !.?Q!itliQfif3's!l!iIllnliffOm ydQr'hcirilil . Aggressive driving . ~ellfti9 'mQgg!l!l . Identity theft . aili&J!I!!i!iLi"!!C!.' . Auto theft . H"V!Ji!j'.wrnl.~c:lleri frc:Im'Y9!1r par . Hate crimes . ~ri\iljjP:,i'j';';: :-' . Traffic accidents .."'.._....,""'-...."'" """,:,,,,,,~,,,,",.,,.,,,,.,,,, . .j'~' '" ,..~ "1","'1"~"''"' "n '.' . tilHRmWDI:it'Jj~UDo/'~;:;,r,:h~~~,....~tti-i~1,.~~':~n-l',:,':',~r'.>'iI:;~1f;.....;trJ~i',;'\.I4;!ljt'tWa-~Jt?""'40: ,:', . . Vehicles running red lights . Naliya'dtif:t'1~~:-,:i~':~,i:.'i~\:~fj:##~,PWJ;,~,;~rf" . Other noise disturbances ',",; Very Somewhat Not Too Not At All Don1 Know/ Concerned Concerned Concerned Concerned No ODinion 1 2 3 4 5 1 2 3 4 Ii 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 Ii 1 2 3 4 5 1 'oj,', 2 3 '" Ii 1 2 3 4 5 d 2 3 .,4 ;"'Ii., 2 3 4 5 'y"', 1 ',' '~ 3 "..';1;:.:' ;;4" 1 2 3 4 5 A' . ,2 3 .4, ,., ;{!~,' , , 1 2 3 4 5 :;2 3' ' 2 3 4 5 ''''3' C", ""~"'{f.';;m'-~" ~,,~..".,ti""" '.. :::J :'i:'.",:if',"I/:O'J'~~'j.S.,,~ ;;;.',' '~"'" i,.' "~'f",,'t~..;,.xh~ io:i~~;", ".,. " . "'':' ".";1',,,;'( ','<:";:,,,,\;".. ~,- :-. ,.- .-;',,_.,' "."":'~~'.~"i",,,,,_.",,;":'v"'~'.<;~ 2 3 "",;a 3 5 4 5 'f,'" ,,1\"', ;'....;,.c'.".""~.'" 'h';:j.,f"'e'<";p",\" -""";";:"'\;.."yc.."~'..";'~'i:,\7I ,,,,,~,,..{., '" _, .," ">...,,~'':': . '''_'",,'~;_', ;., """,.'.-, "" _,,~,,' e'.' 4 2 'i':;'1'~"~;3t)<';-)~fl;:~~$~~1{~4,~~~~)!t~{~~1~~w~~~-:' " . tIi:':i~~j~#:;U;j1f~~k.~i':'~F,4fI;~~~f~':i'.ji~fl:;;;,~;~.';:t~.':~,r~1 ~.;~}.;:::;.:: :J:<;k'I~~}w!;~:-,<'.~2' . '- BMn'l!!YiI!~J~g",! .";=r,,,:>r.;::.:,<..,:L":I..~Jt'-I';"j:f'.,'~'- ,,1~4t:.,1'"J~_,~,';,".,...ir,:.:MI'_~&;t.':\..~,":'-,. 2 3 :.',3 3 -::"! :":<8: '.;\;,r:'i ~jf::;;~(:',,:q,;'\'~ . Abandoned cars 4 5 . Other (Specify) """. '''''''''''''''''.', .""",,"',,.....:""'11<'""""".,' f. .. ' '." "1 "'." '0; , '''.'''''''' ; "2 . . tI:h!J,IYlm;u,,~iu,.f1tJYn~;~Wi_l!iJRit~:!f, ~,t'.r:\J'l'~:':~;i;, :i"k;~'~:i<!Mt',/3~iij~~,;ft;?r",< .,- '. Y'. 5 2 4 ~",,,,,,,,,,,,,,,;,, :"""""''''''''''''<'''f''.I!~ """" >,,;,,,..,. "4"'" .',.' f.,,, ". "2 .... . ~tlfilir~'l~~nJ'!/:,;~:r':j'f"~:~11~.[:F':';,U-\"""i.:,;-~i~f,r::;J<,!,r;,';,f:,.j,i:.?!:i',:/^j'-;>~*'r:"'<.' :. . ,,;'" , 5. Were you, or anyone In your household, the victim of a crime during the past 12 months? 1 Yes 2 No (Skip to question 6) Sa. How many times were you. or anyone In your household. a victim of a crime during the past 12 months? 5b. Did any of these crimes occur In Chula Vista? 1 Yes 2 No (Skip to question 6) 5c. What crime or crimes occurred In Chula Vista? (Please describe) 5d. Did you report the crimes that occurred In Chula Vista to the pollee? 1 Yes (Skip to question 6) 2 No 5e. If you did not report all of the crlme(e) to the pollee, why not? (Please explain) 3 Reported one/some, but not all 6. How do you usually find out about current events, In general? (Please circle one) 1 TV 2 Radio 3 Newspaper 4 Internet 5 Friendslfamily 6 Don't keep up with news 8 Other 36 6a. How do you usually find out about current events in Chula Vista? (Please circle one) 1 TV 2 Radio 3 Newspaper 4 Internet 5 Friendslfamily 6 Don't keep up with news 8 Other 6b. How do you usually find out about news related to the Chula Vista Police Department? (Please circle one) 1 TV 2 Radio 3 Newspaper 4 Internet 5 Friends/family 6 Don't keep up with news 8 Other 6c. Have you ever logged onto the Chula Vista Police Department Web site fwww.chulavistaod.ora)? 1 Yes 2 No 7. What type of contact have you or anyone else In your household had with the Chula Vista Police Department during the past 12 months? (Please circle all that apply) 1 Phoned the department's non-emergency line or 911 2 Went to the police department 3 Spoke to an officer on the street or at a community meeting 4 Other contact with Chula Vista Police Department (Please describe) 5 Have not had any contact with the Chula Vista Police Department in the past 12 months (Skip to question 9) 8. Thinking ebout your last contact with a Chula Vista Police Department employee, please circle the number under the response that best describes how you felt about that employee's behavior. The oolice emolovee I last had contact with: . REi$pOnded In a rfIII$onable time . Treated me fairly . Dillp!am,pri!f$SSf(lnal conduct . Seemed to have adequate knowledge . HaiI.:ltfMl!ti1!fY):iitIMe" . Was caring and I or sensitive . WM helpfljl Strongly Somewhat Somewhat Strongly No Aaree Aaree Disaaree Disaaree Ooinion 1 2 3 4 5 1 2 3 4 5 1 2 3 4 .& 1 2 3 4 5 .1 2 3 4 ~k 1 2 3 4 5 1 2 3 4 .5 8a. Overall, my contact(s) with the Chula Vista Police Department have been ... 1 Excellent 2 Very Good 3 Fair 4 Poor 9. Have you heard about andlor used the following Chula Vista Police Department programs? (Please circle the number under your response) Have Used Heard of Program Proaram But Never Used It Youth Services . Pdlloe Ac!lvIti/j.'~l!gue(PAL) 1 2 . Shop-With-A-Cop Program 1 2 . SQbQOI ~fetyPl\lOOlf!rQ9,.m . 1 2 . Juvenile Offender Diversion Program 1 2 . Bullying p,.vl;lntiooPrilQiam 1 2 Communitv Proarams . R8SlilrvE! Offiool$ 1 2 . Graffrti Abatement Program 1 2 . Crime Free Multi-Housing Prog,.rn 1 2 . Citizens' Adversity Support Team (CAST) 1 2 . Senior Volunteer Patrol Prdgram (SVPP) 1 2 . Family Violence Response Team 1 2 . Neighborhood Watch Program 1 2 37 Never Heard of Proaram '3 3 3 3 3 3 3 3 3 3 3 3 (Continued from previous page) Have Used Heard of Program Never Heard of Proaram But Nevar Used It Proaram . Crime Prevention Awareness Program 1 2 3 . Psychiatric Emergency Response Team (PERT) 1 2 3 . School Resource Officers (SROs) 1 2 3 . Police Citizens' Academy 1 2 3 . Police English as a Second Language (ESL) classes 1 2 3 10. Have you ever visited the Web site www.arils.ora to find out about crime In your neighborhood? 1 Yes 2 No 11. In general, how satisfied are you with the services of the Chula Vista Police Department? (Please circle one) 1 Very Satisfied 2 Satisfied 3 Not too Satisfied 4 Not at All Satisfied 5 No Opinion 11a. If nottoo satisfied or not at all satisfied, please explain: 11 b. If not too satisfied or not at all satisfied, would you be wiiilng to participate In a follow-up survey? 1 Yes 2 No 12. Do you have any suggestions for how the Chula Vista Police Department could better serve you? (Please describe) . 1. What is your age? 5. What language Is spoken most of the time In your home? (Please circle one) 1 English 2 Spanish 3 Tagalog 4 Other language (Specify) 6. What was your total annual household Income In 2004? (Please circle one) 1 Under $20,000 2 $20,000 to $34,999 3 $35,000 to $49,999 4 $50,000 to $74,999 5 $75,000 or greater Please provide your e-mail address if you would like to receive Information from the Chula Vista Police Department on staying safe In your neighborhood. (If you provide your e-mail address, It wiii be forwarded separately to ensure your responses remain anonymous.) -- 2. Are you: (Please circle one) 1 Female 2 Male 3. What Is your ethnic background? (Please circle one) 1 Hispanic 2 Black 3 White 4 Asian I Pacific Islander 5 Other or Mixed (Specify) 4. How long have you lived In your current neighborhood? __years . Ni";"[" . ,. ,. .~ ttJi :.." ., " ;,,~I!~.',~ ~!i'lR'''~f,1!! !I~"1'!Y1 , ......Dtilmtl1.!ll:IrVIIY..., ' 38 ~Ift.. -. ~ DIY Of CHUlA VISTA ENCUESTA DE OPINION DE RESIDENTES DE CHULA VISTA PARA EL ANO 2005 I La Cludad de Chula VI.ta .sUI hacl.ndo un. .ncu..ta a sus resld.ntes para conoc.r sus opinion.. y actltud.s .cerea d.1 _ _ D.partamento de Poll cia, d.1 d.sord.n y d.1 crlm.n. Par favor tome unos minutos p.ra contestar te ,,"CU..te. Sue re,pu..... son muy Importantes.Pued. contest!.. la .ncu.... .n papel y devolv."'. .n el sabre con estampUlasp",,,,aQada que se adJunta I 0 pUed. contastarta en la Intarnet. $1 ,,_Ita mas asp~lo para coptsstar las preguntas, PUede ailad'rmAs hoJas. SI des.a _ cont.star la .ncuesta .n linea vaya a httD:/Iwww.sandaa.oralCYDdsp.Para.ntrarala.ncues~.nllp.a. Ingres. ., nurnerQ ct. ldentlflcacl~p qlNl aparac;:. .n la ~rta au",,"'o. de esta pAgll18. Par favor. contests 'I ctaY\l,I'i8 'a .ncuesta ~'!)!fO d. I las or6x'mss dos ~manas. La AsoC:lacl~n de Gobl.rnos d. San Plego (SANPAG) nos .sti! aYlldaPclQ ce", .".. .s~ucll". SI Uen. _ _ preguntas ac.rea cI.1a .neu.eta. llama a Us!:leth Howard de SANDAG (619 699-6910). Graci.. por,I" t..",po Y sus oph"on... 1. Durant..1 ailo pasado, Lust.d cree que .1 crlm.n .n las slgul.nt.s ar.as aument6, dlsmlnuy6 0 qu.d6 casi igual? (Ene/erre el mJmero debajo de su raspuesta) Aumen/6 2. LQue grado de segurldad siente en cada una de las slgulentes sltuaclones? Para cada sltuacl6n .nclerre el num.ro d.bajo de la respuesta que m.Jor descrlba .1 grado de seguridad que siente usted. Muy Razoneblemen/e Seauro Seauro 1 2 1 2 D/sminuv6 Qued6 Casi laual 3 3 3 . EI crimen en su vecindario 1 1 1 2 2 2 . EI crimen an la Oiudad daChula Vista EI crimen en el Condado de San Diego . . Cuando va al parque de su vecindario o Cuanc!Q USIIlug!!'!!s cia transllo de. Chola Visla Durant. el Dla o C~!lndo.Ciiml!1l1's6lo lin SUo veclfldarto Algo Inseauro 3 3 No SeINo Hubo Crimen 4 4 4 Muy Inseauro NoSel 4 4 No Do/no 5 5 1 :2 3 4 5 1 2 3 4 5 1 2 3 ., ~ $ 1 2 3 4 5 1 2 3 4 5 .1 2 3 4 5 o Cuando eamina solo en las zonas comerciales de Chula Vista o culi!lll!l~$Pk>IIn!ili<>Ma Durante la Noch. o G!llint!Q(iQ~lr1iieolo 110 11", vecim!!lrio o Cuando camina solo en las zonas comereiales de Chula Vista . Cuanc!Q ~SQIO eil a~ ~Sa 2a. LQue grado d. segurldad cree u.t.d tienen las escu.las de Chula Vista? (Encierre en un circulo el numera deba]o de la respuesta que mejor describa 10 que usted piensa) Muy Seauras Razonablemen/e Seauras Algo Inseauras o Las escuelas publlcas de Chula Vista son 1 2 3 2b. L Tlene hljos que aslst.n alas eseu.las publlcas de Chula Vista? Si 2 No Muy Inseauras NoS/i/ No Ooino 4 5 3. LEvlta usted alguna de las slguientes areas .speclflcas d. Chula Vista porque pi.nsa que son Inseguras? (Marque todo 10 que sea perl/nente) [J parques publlcos (Si 10 marc6, especlflque cual(es) parqu.(s).) (Silo marc6, Lpor qu/ievita el(los) parqu.(s)), .' . ..... , [J CflntrcIJ'Come'rc'ales (Silo man>>, Hpacltlqllil ~~tesl:~!11ni{,) eoml!rc!al(es).) (Silo matQ6, LPor que evlta el(IO$) centrci(a)iI!Imlit<i'al(BI)"?) [J Estaclones de translto (51 10 marc6, .speclflque cual(es) .stacI6n(es) d. translto.) (Silo marc6, LPor que evlta la(s) estacI6n(es) d. translto?) [J CI.rtas calles (11110 mare6, espaclflqua cu61(.s) ~Ia(s),) (Silo maid, Lpor que .vita la(s) call.(s)?) . 39 (Continua de /a pagina anterior) o Otros lugares (Si 10 marc6, especiflque cuil(es) lugar(es).) (5110 marc6, "por que evita el(los) lugar(es)?) o No evlto ninguna de las alireas menclonadas. 4. "Hasta que grado Ie preocupan 105 sigulentes problemas en su veclndarlo? (Encierre e/ numero debajo de su respuesta) Muy A/go PreocuDado PreocuDado . Venta de drogas 1 2 . Pandlllas 1 2 . Posesi6n ilegal de armas de fuego 1 2 . Ebried~d en la vIa pObllCli 1 2 . Venta de alcohol a j6venes 1 2 . ProstjW<;I6ri 1 2 . Vagabundos 1 2 . Ql!.e,i!lIii,lieh 1'Qb&i!I\'!iil~1 2 . Que conduzcan vehlculos agresivamente 1 2 . : "'10'" '~en" ':f" "iI""," 'I cia. . . 1 2 QY!I . ,1I!;lh . t;Q/t WI!"", -YIP IIn. . Robo de idenUdad 1 2 . ~4Ii;IQlisQ~tfil_J\iBn!i:1i1ii11!!!1!1. !.. 2' . Robo de autom6vil 1 2 . Q~!d~rPben obJe~'i:le$Ya\l1oll16vi1 . 1 2 . Crlmenes de odio 2 . ~fII!C(I'iIYi!(tQli't:I,N'an!l&lliiO; :1'j 2 . . Accidentes de transito 1 2 . ''''''''J,;;1;;:~'.!''e''..<1''',"1",:.'"""',,,,,,_,,' .d . 2, .. ~fw.!'fi?1IY".,'-ImJ~fIjJ;"'IiCI-,~..'i~'1~\rt"",a, . .., -...< . Vehiculos que se pasan la luz roja 1 2 . If_Jriiiljfpi!U~iijl;:1itilifAJ:~\!'!' ",';J'.!['" :,'},im1\it ,:Ii:' . Otros disturbios de ruido 1 2 . l/jjjfiiR!~~ii;~lfi81_Jti.Mi~.\ieIM.;:,.~jitJti':,.t..wi>*~~\fc;;i!\:~, co . Autom6viles abandonados 1 2 . i\'iD!Ii1jjj)j\.,Itii,(ft~f.~!\Q!1\:AW;!:\'illtj;:.;'i','1%~'c\j.;::;':;j!,;'i: . OIro (Especifique) 1 2 """"{to"""";;:...,,,.....".,.."""'"'' ' , ". . ," . , . . ~ij, ~~mQ~J'~k~:""i;' . ',;~i">':..:;./:~~t:~..~~'idA~\~~t,~ft:,o>,:g 3 ...: II ~ ' ," . 3 ;,Ii. .';': 3 ~'i,';;>I~",i.i:~' )~,: ~'.fG:,'l~~~!.tft\tfJ:}{_~V;,~~~~~!;'<\,r.' ~~~t~;,',!: ';"~" 3 :t,.i\,a. ";,.;.;',','" 3 No Muy Preocuoado 3 3 3 3 3 3 3 3 3 3 3 5 3 3 3 '5 ;;',:;;!.,Q~':.: 5. "Fue usted, 0 algulen de su casa, victlma de un crimen durantelos 12 Oltlmos meses? 1 51 2 No (pase a /a pregunta 6) Nada Preocuoado 4 4 4 4 4 4 4 'jI 4 ':4 4 'I( ,',,'. 4 4 4 '';1\ 4 '4 4 4 4 4 ,,:W,~Nd;f:,: 5b. "Alguno de esos crimenes ocurri6 en Chula Vista? 1 Si 5a. "Cuintas veces usted, 0 alguien de su casa, fue vlctima de un crimen en 105 12 ultimos meses? 2 No (Pase a /a pregunta 6) 5c. "CuBI crimen 0 cUBles crlmenes ocurrieron en Chula Vista? (Describa por favor) Nose; No Ooino 5 5 5 5 5 6 5 5 5 5 5 !i 5 !j 5 :'d~:',;, 1 SI (Pase a /a pregunta 6) 2 No 5d. "Report6 usled el crimen 0 los crimenes que ocurrieron en Chula Vista a la pollcia? 5 ,,';!!:L';'" 5 '''';:;~;~1i~.~:".,'i 5 5 ":;:~""!" . 5 ""'.Ii;" . 3 Report... uno/algunos. pero no todos. Sa. 51 no report6 todos los crimenes que ocurrieron a la pollcia, "por que no? (Explique por favor) 6. Normalmente, "c6mo se entera usted de las noticlas, en general? (Encierre uno por favor) 1 Televisi6n 2 Radio 3 Peri6dico 4 Intemet 5 Amigos/parientes 6 No estoy al tanto de las noticias 8 Otro 68. Normalmente, "c6mo se entera usted de 10 que ocurre en Chula Vista? (Encierre uno por favor) 1 Televisi6n 2 Radio 3 Peri6dico 4 Internet 5 Amigos/parientes 6 No estoy al tanto de las noUeias 8 OIro 40 (Continua de la pagina anterior) 6b. Normalmente, "e6mo se entera usted de las notielas relaelonadas con el Departamento de Poliela de Chula Vista? (Eneierre uno por favor) 1 Televisi6n 2 Radio 3 Peri6dico 4 Internet 5 Amigos/parientes 6 No estoy al tanto de las noticias 8 Otro 6e. "Ha Ingresado alguna vez al sltlo web del Departamento de Poliela de Chula Vista Iwww.ehulavlstaDd.ora!? 1 Si 2 No 7. "Que tipo de eontaeto usted 0 alguien de su hogar tuvo con el Departamento de Poliela de Chula Vista durante 105 12 ultimos meses? (Eneierrs todo 10 perlinenta) 1 Llam6 al 911 6 a la linea que no es para casos de emergencia. 2 Fue al departamento de poliela. 3 Habl6 con un ofieial de polieia en la calle 0 en una junta de la comunidad. 4 Otm contacto con el Departamento de Poliela de Chula Vista (Describe por fevor) 5 t!2 ha tenido nlngun eontacto con el Departamento de Polieia de Chula Vista en los 12 meses pasados. (Pase a la pregunte 9) 8. Respeeto a su mas reelente eontacto con un empleado 0 empleada del Departamento de Poliela de Chula Vista, enelerre en un eireulo el numero debalo de la respuesta que mejor deserlba su opinl6n aeerea de la eondueta del empleado(a). EI emDleado(a) de la Doliela con ouien tuva contacto (iltimamente: Estoy Muy Estoy Algo de Aeuardo da Aeuerdo 1 2 1 2 1 2 1 2 1 2 . Respondi6 en un Ii<!mPO rezoneble . Me trat6 justamente MostrO una condu~ profeslOl1al . . Paracla estar bIen enterado . ~'Uni! ecil1iJd~P,!iiQ$<! . Fue atento(a) y/o cortes . FUB $e!ViOial 2 2 1 Estoyen Ciarlo Dasaeuerdo Estoy an Como/ato Dasaeuardo No Ooino 5 3 4 3 3 4 5 5 4 3 4 5 3 T 6' 3 3 4 5 5. 4 1 Exeelente(s) 2 Muy buano(s) 3 Bueno(s) 8a. En general, ml contacto 0 eontactOS con el Departamento de Polleia de Chula Vista han sido... 4 Malo(s) 9. "Se ha enterado de los sigulentes programas del Departamento de Polleia de Chula Vista 0 105 ha usado? (Ene/arra al mimara debajo da su respuesta) Use al Supe del Programa, proarama Pem no 10 Use Servidos Dara los J6venes . Police ACUvI1IeS Leegu&-PAL (Uga de ActMdedes de Ie POllela) . Shop-W~h-A-Cop (programa de 'Compras con la Poliela") . School Safety Palr1Jl ,PrOgriIlJi(patrulfl! de SaguridadEscolar} . Juvenile Offender Diversion Program (Rehabllltacl6n de J6venes Infractores) . Bullying PrBvllr1tiOl1 Pl!lllrtliTI (P!iwern:i6n delotlmidacl6n y Agresl6n) Proaramas de la Comunidad . Resarve 9f11cera (Oflclales de la Reserve) . Graffiti Abatement Program (Programs de Combate al Graffiti) . Crime Free Multi-Housing Program (prevancl6n del Criman en Multifamllleres) 1 . Citizens' Adversity Support Team (Apoyo Ciudadano Ante la Adversidad) . Senior Volunteer Pml program-SVPP (Patrulla de Anclanos Voluntarios) . Family Violence Response Team (Grupo de Respuesta a la Violencia Familiar) . Neighborhood Watch (Programa de Vigllencla de Veclndarios) 41 Nuncs Supe del proarama 1 2 2 2 2 2 3 3 3 3 3 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 1 (Continua de Is pagina anterior) Useel Sups del Programs, Paro no 10 Usa Nunes Supe del Proarama Proarama . Crime Prevention Awareness (progrema de PrevenclOn de' Crimen) . Psychiatric Emergency Response Team (PERT) (Equipo de Respuesta de Emergencia Pslquiatr1ea) . School Resource Officers (SROs) (Policia Auxiliar Escolar) . Police Citizens' Acedemy (InstrucciOn Acerca de la Labor dela Pollcla) . Police English as a Second Language ESL Classes (Explicaci6n de 105 Procedlmlentos da Ie ppllola en Clases de Ingles comp Segundo Idloma) 2 3 2 2 2 3 3 3 3 1 SI 2 No 2 10. LHa vlsltado alguna vez el sltlo web www.erlls.ora para enterarse de la dellncuencla en su veclndarlo? 11. En generel, Lque grado de satlsfacclOn slente con los servlclos que presta el Departamento de Pollcia de Chula Vista? (Encierre uno par favor) 1 Muy Sallsfecho 2 Salisfecho 3 Alga Inconforme 4 Muy Inconforme 5 No Opino 11 a. 51 eslS algo Inconforme 0 muy inconforme, expllque la razOn: 11 b. 51 eslS algo Inconforme 0 muy Inconforme, Lestaria dlspuesto a participar en una encuesta de seguimiento? 1 SI 2 No 12. L Tlene sugerencias sobre cOmo padrfa el Departamento de Policia de Chula Vista servlrle meJor a usted? (Describa par favor) 1. LCuill es su edad? _ _ 1 Hispano 2 Negro 3 Blanco 4 AsiillicoiNalural del Pacifico 5 Olro 0 mixto (Especifique) 4. LCuilnlos ailos tlene de vlvlr en su vecindarfo actual? _ _anos 51 desea que el Departamento de Pollcia de Chula Vista Ie mande informaciOn acerca de cOmo protegerse en su veclndarfo, anote abaJo su corrao electrOnico. (51 nos da su correo electrOnico, Ie contestaremos aparte para asegurar que sus respuestas queden anonlmas.) 5. LCuill es el idloma que mas se habla en su casa? (Encierre uno par fevor) 1 Ingles 2 Espanol 3 T agalo 4 Otro idioma (Especifique) 6. LCuill fue el ingreso anual total en su hogar en el 2004? (Encierre uno par fevor) 1 Menos de $20,000 2 $20,000 a $34,999 3 $35,000 a $49,999 4 $50,000 a $74,999 5 $75,000 6 mas 2. Usted es: (Encierre uno par favor) 1 Mujer 2 Hombre 3. LDe qua grupo atnlco desclende? (Encierre uno por favor) ,J'9r. ' , '., i, Gracla..pqrwimtt!'I11PP.P~!,!, 1!"Ul!r!~,'ftC~"i,. , 0........ lin II ... eo '1111<> ~lic:j)""* it "lit!! ,', ... ' 42 APPENDIX C DEMOGRAPHIC COMPARISON OF THE 1997, 2000,2003, AND 2005 SAMPLE APPENDIX C DEMOGRAPHIC COMPARISON OF THE 1997, 2000, 2003, AND 2005 SAMPLES Table C.1 RESIDENTS' GENDER* Chula Vista Resident Opinion Surveys, 1997, 2000, 2003, and 2005 1997 2000 Male Female 57% 43% 54% 46% 2003 2005 44% 44% 56% 56% 1.466 833 TOTAL 1,045 1,147 NOTE: Cases with missing information are not included. 'Significant at Q..:S .001. Table C.2 RESIDENTS' RACEJETHNICITY* Chula Vista Resident Opinion Surveys, 1997, 2000, 2003, and 2005 1997 2000 2003 2005 White 58% 56% 47% 43% Hispanic 28% 28% 35% 36% Black 2% 3% 3% 3% Asian/Pacific Islander 9% 10% 10% 13% Other/Mixed 3% 3% 4% 4% TOTAL 1,065 1,138 1,484 832 NOTE: Cases with missing information are not included. Percentages may not equal 100 due to rounding. 'Significant at Q..:S .001. Table C.3 RESIDENTS' AGE Chula Vista Resident Opinion Surveys, 1997, 2000, 2003, and 2005 1997 2000 2003 2005 18 to 34 21% 19% 17% 19% 35 to 54 38% 38% 41% 41% 55 and older 41% 42% 43% 40% TOTAL 1,074 1,147 1.495 828 NOTE: Cases with missing information are not included. Percentages may not equal 100 due to rounding. 45 Table C.4 LANGUAGE SPOKEN IN RESIDENTS' HOMES* Chula Vista Resident Opinion Surveys, 1997, 2000, 2003, and 2005 1997 2000 2003 2005 English 79% 84% 75% 71% Spanish 9% 11% 17% 19% Other 12% 5% 8% 11% TOTAL 1,078 1,051 1,492 835 NOTE: Cases with missing information are not included. Percentages may not equal 100 due to rounding. 'Significant at [VO .001. Table C.5 RESPONDENTS' RESIDENCE LOCATION BY SECTOR* Chula Vista Resident Opinion Surveys, 1997, 2000, 2003, and 2005 1997 2000 2003 2005 Sector 1 39% 34% 36% 28% Sector 2 39% 34% 36% 38% Sector 3 23% 32% 29% 34% TOTAL 1,060 1,136 1,530 857 NOTE: Cases with missing information are not included. Percentages may not equal 100 due to rounding. 'Significant at [VO .001. . Table C.6 RESPONDENTS' LENGTH OF TIME IN CURRENT NEIGHBORHOOD* Chula Vista Resident Opinion Surveys, 1997, 2000, 2003, and 2005 1997 2000 2003 2005 Less than one year 4% 6% 10% 4% One to six years 25% 24% 37% 46% Seven or more years 71% 71% 52% 50% TOTAL 1,080 1,155 1.491 820 NOTE: Cases with missing information are not included. Percentages may not equal 100 due to rounding. 'Significant at [VO .001. 46 . Table C.7 RESIDENTS' HOUSEHOLD INCOME* Chula Vista Resident Opinion Surveys, 1997, ZOOO, Z003, and ZOOS 1997 2000 Z003 2005 Under $20,000 25% 19% 18% 15% $20,000 to $34,999 26% 19% 21% 18% $35,000 to $49,999 18% 19% 17% 16% $50,000 or more 31% 42% 44% 52% TOTAL 1,010 1,068 1,382 771 NOTE: Cases with missing information are not included. Percentages may not equal 100 due to rounding. 'Significant at 125 .001. 47 APPENDIX D POLICE PROGRAM DESCRIPTIONS APPENDIX D POLICE PROGRAM DESCRIPTIONS YOUTH PROGRAMS School Safety Patrol Program Comprised of more than 2,000 fifth and sixth graders from 35 elementary schools, the School Safety Patrol maintains the safety and security of all students coming and going to and from school. A Chula Vista Police Department School Resource Officer coordinates the program. Police Activity League The specific purpose of the Police Activity League (PAL) is to assist young people in the community in making life choices not to use illegal drugs or associate with gangs. This improvement of young people's intellectual, physical, creative, and social skills is achieved by using the Chula Vista Police Department and its police officers and employees as role models, teachers, mentors, and associates. Shop-With-A-Cop Program Sponsored by law enforcement agencies countywide, this program raises money throughout the year so that underprivileged children can go shopping with police officers for gifts during the December holiday season. Juvenile Offender Diversion Program Co-sponsored by South Bay Community Services and the Chula Vista Police Department, this program offers counseling services for first-time offenders and their families to prevent them from having further negative contact with the juvenile justice system. Bullying Prevention Program A collaborative effort between the Chula Vista Police Department, Chula Vista Elementary School District, and the Chula Vista Coordinating Council, this initiative seeks to reduce bullying at three pilot schools - Vista Square, Harborside, and Otay - by implementing a research-based program that has reduced bullying significantly in other communities. COMMUNITY PROGRAMS Neighborhood Watch Under this program, Chula Vista police officers provide training and guidance to assist neighborhoods in establishing watch groups to be alert to public safety problems. Police department representatives educate community members on what should be reported to the police and how best to report suspicious and criminal activity. 51 . Senior Volunteer Patrol The Chula Vista Senior Volunteer Patrol is comprised of formally trained, uniformed volunteers, 50 years of age and older, who perform such services as comme,rcial district foot patrols, vacation house checks, and assist with crime prevention programs and spedal events. Reserve Officers The Chula Vista Police Reserve is a volunteer organization comprised of academy trained Police Reserve Officers that augments the department by assisting with routine patrol functions, special events, traffic, and the bicycle team. Graffiti Abatement Program This program, which is comprised of city staff from Public Works Operations, Code Enforcement, the Police Department, and South Bay Community Services, consists of three parts: graffiti eradication, enforcement, and education. Family Violence Response Team Co-sponsored by South Bay Community Services and the Chllla Vista Police Department, this program provides for immediate follow-up, risk assessment, a nd safety planning for domestic violence incidents that occurred when children were present. Citizens' Adversity Response Team The Chula Vista Citizens' Adversity Support Team (CAST) has provided 24-hour trauma coverage for the community. Trained volunteers provide emotional support, arrange for follow-up services, serve as advocates for rape victims, and generally assist families with their unique needs in times of trauma. Citizens' Police Academy The Citizens' Police Academy is an 11-week program structured after the regular Police Academy that all sworn officers attend, which provides Chula Vista residents with first-hand information and experience about how their Police Department works. Crime Free Multi-Housing This program is designed to meet the crime prevention needs of apartment communities through management training, environmental design, resident participation, and partnerships with the Chula Vista Police Department. Police English as a Second Language Class In 1992, the Chula Vista Police Department Community Relations Unit developed a special 90-minute module for immigrant students of ESL classes. The session introduces new arrivals to the United States to the role of local police and to basic concepts in U.S. justice. 52 Psychiatric Emergency Response Team The Psychiatric Emergency Response Team (PERD combines the resources of a uniformed police officer with a licensed clinician in responding to persons with mental illness and advises patrol officers on psychiatric issues while assisting in the transportation and processing of individuals in need of psychiatric treatment. School Resource Officers School Resource Officers (SROs) work closely with students, their families, and faculty throughout the school year to resolve identifiable problems through community involvement and law enforcement. SROs make in-class presentations, mentor youth, provide a positive presence on school campuses and at school-related events, and intervene in and investigate criminal activity in and around school property. 53 APPENDIX E REFERENCES REFERENCES Bureau of Justice Statistics (2004). National Crime Victimization Survey - Criminal Victimization 2003. [On-line]. Available at www.oip.usdoi.qov/bi~. U.S. Census Bureau (2005). Cumulative Estimates of population Change for Incorporated Places over 100,000, Ranked by Percent Change: April 1, 2000 to July 1, 2004. [On- line]. Available at http://www.census.qov/popest/citieslSUB.EST2004.html. 57