HomeMy WebLinkAboutAgenda Packet 2006/05/02
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OlY OF
CHUlA VISTA
May 2, 2006
4:00 P.M.
Stephen C. Padilla, Mayor
.' Patricia E. Chavez, Councilmembcr J David D. Rowlands, Jr., City Manager
John McCann, Council'member Ann Moore, City Attorney
I decla~grun8'efp'e'h'W/y bfP'&~UpYlru~er a Susan Bigelow, City Clerk
emPlo=P1'iH~~'OI<eMlal..iW\he
Untce 0 e Ity l;lerk and that I posted this .
document on the bulletin boa~d according to Counctl Chambers
Brown Act requirementa.. CIty Hall
if/. ~ ~FourthAvenue
'Dated :n, 00 Sign .' -- .
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
, , II
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY MARIA KACHADOORIAN, FINANCE DIRECTOR, OF THE
EMPLOYEE OF THE MONTH, MONICA MORALES, ACCOUNTING
TECHNICIAN .
.,
. PRESENTATION BY STUDENTS FROM CREATIVE ARTS ACADEMY OF
CHULA VISTA OF THE UNIVERSAL DECLARATION OF HUMA~ RIGHTS,
ADOPTED BY THE UNITED NATIONS IN 1948'
,.
. PRESENT A TION BY MAYOR PADILLA OF A PROCLAMATION TO GiRL SCOUT
TROOP 5016 FOR COMMUNITY SERVICE FOR COMPLETING TWO ROOMS,
"KITTY PARK" AND ':KITTYWOOD" FOR CATTERY ROW AT THE ANIMAL
CARE FACILITY
. DID YOU KNOW...THAT THE FISCAL YEAR 2006 AND 2007 ADOPTED BUDGET
RECEIVED EXCELLENCE IN BUDGETING AW'ARDS? Presented by Ed Van Eenoo,
Director of Budget and Analysis and Angelica Aguilar, Assistant Director of Budget arid
Analysis.
CONSENT CALENDAR
(Items 1 through 7)
The Council will enact" the. Consent Calendar staff recommendations by one
mqtion, 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 jJrior to the meeting. Items pulled from the
Consent Calendar will be discussed immediately following the Consent Calendar.
] . APPROVAL OF MINUTES of Apri] 6 and April] ],2006.
Staffrecommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Penny Rossi, member of the Town Centre Project Area
Committee.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with the Maddy Act.
3. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING A SUMMARY VACATION OF A PORTION OF A PUBLIC SEWER
EASEMENT WITHIN ASSESSOR'S PARCEL NO. 57]-250-2]-00 AT 707 "L"
STREET
3. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A HOLD HARMLESS/INDEMNITY AGREEMENT BETWEEN "L"
STREET VENTURES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY
AND THE CITY OF CHULA VISTA
A request was received to vacate a portion of a public sewer easement within the property
located at 707 "L" Street, owned by "L" Street Ventures, LLC. In accordance with the
State Streets and Highways Code, this type of vacation may be performed summarily
through adoption of a resolution. Vacation of the sewer easement would allow
improvements to be made in closer proximity to an existing sewer line. The City is
requiring a Hold Harmless/Indemnity Agreement with "L" Street Ventures, LLC,
indemnifying the City of Chula Vista from damages related to maintenance activities on
the sewer line. (Acting Engineering Director)
Staff recommendation: Council adopt the resolutions.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE TEMPORARY CLOSURE OF EASTLAKE PARKWAY FROM
MAY ]5,2006 TO JUNE ]4,2006 BETWEEN MILLER DRIVE AND RIDGEWATER
DRIVE
San Diego Expressway Limited Partnership, L.P., by California Transportation Ventures,
Inc., its general partner has requested temporary closure of Eastlake Parkway between
Miller Drive and Ridgewater Drive. The temporary.road closure is needed in order to
complete the roadway improvements and associated appurtenances necessary for
construction of a new bridge over the SR-] 25 toll road. (Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda
http://www.chulavistaca.gov
May 2, 2006
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $196,100, FOR
TWO STENCIL'TRUCKS, TO ROAD LINE PRODUCTS, INC., IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF COUNTY OF SAN BERNARDINO
REQUEST FOR PROPOSAL F-73 AND PURCHASE ORDER FI827C
The Fiscal Year 2005/2006 Central Garage Budget provides for the replacement of two .
stencil trucks. Chula Vista Municipal Code Section 22.56.140 and Council Resolution
No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other
government agencies for the purchase of materials of common usage. The City has an
opportunity to participate in a current County of San Bernardino Request for Proposal
(RFP) for favorable terms and pricing. (Public Works Operations Director)
Staff recommendation: Council adopt theresolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL
YEAR 2006/2007, THE ISSUANCE AND SALE OF A 2006/2007 TAX AND
REVENUE ANTICIPATION NOTE THEREFOR, AND PARTICIPATION IN THE
CALIFORNIA STATEWIDE COMMUNITIES CASH FLOW FINANCING
PROGRAM
In order to address cash shortfalls projected in the General Fund during Fiscal Year
2006/2007 due to the cyclical nature of some major revenue sources, it is recommended
that the City again take advantage of the opportunity to borrow money on a short-term
basis at the lowest costs by issuing a Tax and Revenue Anticipation Note through the
pooled financing program sponsored by California Statewide Communities Development
Authority. (Finance Director)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIFTH AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL
CONSULTING SERVICES RELATED TO MITIGATION MONITORING AND
REPORTING, PREPARATION OF ENVIRONMENTAL DOCUMENTS AND
COORDINATION AND OVERSIGHT OF THE. PREPARATION OF
ENVIRONMENTAL DOCUMENTS, AND WAIVING THE FORMAL
CONSULTANT SELECTION PROCESS
The continuing services of Marion B. Borg Environmental Consulting are needed for the
environmental processing and mitigation monitoring oversight of projects such as the
Eastlake Seniors Project, Otay Ranch Village 2, Championship Off-Road Racing event
series, Eastlake Land Swap project, Otay Ranch Village 7, and San Miguel Ranch.
(Planning and Building Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Page 3 - Council Agenda
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May 2, 2006
PUBLIC COMMENTS
Persons speaking 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.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item. please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
8. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF FISCAL YEAR
2005/2006 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES
FUND
The Police Department was awarded $313,889 through the Supplemental Law
Enforcement Services Fund (SLESF). These State funds were allocated to the Police
Department for purposes stipulated by the Citizens' Option for Public Safety (COPS)
Program. Acceptance and appropriation of these funds requires a public hearing per
stipulations of the State COPS Program. (Police Chief)
Staff recommendation: Council continue the public hearing to May 9, 2006.
9. CONSIDERATION OF A CONDITIONAL USE PERMIT (PCC-06-054) FOR FOUR
CHAMPIONSHIP OFF-ROAD RACING EVENT WEEKENDS IN 2006, TO BE HELD
ON A PORTION OF OTAY RANCH VILLAGE TWO (APPLICANT JAMES
BALDWIN; PCC-06-054)
James Baldwin, owner of Championship Off-Road Racing (CORR), has applied for a
Conditional Use Permit for four temporary off-road racing events weekends in 2006. The
race weekends are proposed for May 20-2], July 22-23, September 23-24, and October
2]-22,2006. (Planning and Building Director)
Staff recommendation: Council conduct the public hearing and' adopt the following
resolution: .
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE MITIGATED NEGATIVE DECLARAT]ON AND
MITIGATION AND MONITORING PROGRAM, ]S-06-017, AND GRANTING
A CONDITIONAL USE PERMIT, PCC-06-054, TO ALLOW OFF-ROAD
RACING EVENTS ON A PORTION OF OT A Y RANCH VILLAGE TWO,
LOCATED SOUTH OF OLYMPIC PARKWAY, EAST OF THE OTAY
LANDFILL, AND WEST OF LA MEDIA ROAD - JAMES BALDWIN,
OWNER OF CHAMPIONSHIP OFF-ROAD RACING
Page 4 - Council Agenda
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May 2, 2006
ACTION ITEM
The item listed in this section of the agenda is expected to elicit discussion and
deliberation. If you wish to speak on the item, please fill' out a "Request to
Speak" form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
10. PRESENTATION OF A DRAFT ORDINANCE REGULATING MUNICIPAL
LOBBYISTS
At the January 17,2006 City Council meeting, it was suggested that the City consider an
ordinance requiring registration of municipal lobbyists. Staff has prepared a draft
ordinance for review by the Council. (City Attorney)
Staff recommendation: Council provide staff with direction as to the preparation and
processing of the proposed ordinance.
OTHER BUSINESS
II. ClTY MANAGER'S REPORTS
12. MA YOR'S REPORTS
Request for Council support for City participation in the California Ballet Company's
production of California Heritage in Dance.
13. COUNCIL COMMENTS
CLOSED SESSION
Announcements (if actions taken in Closed Session shall be made available by
noon on Wednesdayfollowing the Council Meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957.7).
14. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957
Ratification of appointment of Deputy City Attorney]]
ADJOURNMENT to the Regular Meeting on May 9, 2006 at 6:00 p.m. III the Council
Chambers.
In compliance with the.
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
at/end, and/or participate in a City meeting, activity, or service request such accommodation at
least .forty-eight hours in advance for meetings and .five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf{TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 5 - Council Agenda
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May 2, 2006
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
April 6, 2006
6:00 P.M.
An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to
order at 6:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda (arrived at 6:08 p.m.), Chavez,
McCann, Rindone, and Mayor Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Deputy City
Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
WORKSHOP
At 6:10 p.m., Councilmember McCann left the dais and did not return due to a conflict of interest
with property in which he has an interest that is within 500 feet of the Montgomery Area.
1. THE MONTGOMERY ANNEXATION: AN OVERVIEW OF MUNICIPAL
SERVICES, INFRASTRUCTURE AND GOVERNANCE (1986-PRESENT)
In response to a Council referral, the purpose of the workshop was to address past,
present, and future changes in municipal service levels, infrastructure improvements, and
governance structures within the Montgomery area since its annexation to the City in
1985.
City Manager Rowlands introduced Principal Community Development Specialist Lee and
Associate Planner Lopez, who presented an overview of historical issues and challenges in the
Montomery area; what was proposed to change as a result of annexation; initiatives and activities
the City has been actively engaged in within the area since annexation, including an account of
municipal services, infrastructure, and governance from 1986 to present; and existing efforts and
future opportunities within the Montgomery area.
Councilmember Rindone expressed the need to remain vigilant in ensuring that capital dollars
and grant funding are allocated in to the area to ensure that the quality of infrastructure matches
that of the balance of the City.
Mayor Padilla stated that ongoing infrastructure improvements and increased investment in the
Montgomery area would continue to be a priority of the Council.
At 6:57 p.m., Mayor Padilla handed the gavel to Councilmember Rindone, stating that he needed
to leave the meeting due to a prior engagement. He then left the Chambers.
/
WORKSHOP (continued)
Councilmember Chavez suggested forming a Montgomery committee consisting of community
members who would like to come together to assess what is going on and create a venue by
which community residents could come to ask questions. She also announced that the report was
accessible on the City's website and suggested that staff take copies when presenting the "safe
streets" program to the community. Councilmember Rindone concurred with the suggestion to
form a committee.
The following members of the public spoke to the item:
Steve Palma stated that Montgomery residents should have everything they were promised 20
years ago, particularly sidewalks, street lights, sewers, and drainage. He asked how much money
was generated for the City by the Otay area in 1986. Assistant Director of Finance Davis
responded that the report indicated that the Montgomery area generated $4.1 million in 1988 and
$8.7 million in 2005, compared to total City revenues of$73.8 million.
Bill Tripp commented that the southwestern and western portions of the City are increasingly
among topics discussed at Growth Management Oversight Commission meetings; and he
anticipated that they would be more frequent topics of the Planning Commission, as well, with
the redevelopment of the bayftont and westside.
Teresa Thomas, board member of the Palomar Palace Estates Homeowners Association, spoke
about the need to recognize the southwestern portion of the City as an economic generator that
goes beyond the residents who live there. She suggested that the Council consider 1) placing
sidewalks, gutters, lights, and safe walkways on Second A venue, between Oxford Street and
Palomar Street, between Broadway and Fourth Avenue, and in certain other parts of the west
side; 2) restoring service to the former 702 transit route, citing also the need for service and
changes to the 701 and old 703 routes; 3) reassessing the timing of traffic lights in the
Montgomery area and on Palomar Street and Orange Avenue; 4) repaving streets and repairing
potholes, particularly from Second Avenue south of Naples to Palomar; 5) preserving and
protecting historical buildings and monuments and certain trees on Palomar; and 6) placing an
Air Resource Board monitor in the southwest region of the City.
Rudy Ramirez spoke about the City's physical inftastructure and was hopeful that the City would
utilize the assessment formula and criteria that was established with Quintard Street
improvements for future sidewalk and street improvements. Mr. Ramirez stated that the single
largest problem in the southwest area is homeless people, which he believed affected the quality
of life in the community and was an issue that would require a comprehensive, regional
approach. He asked that as the City looks at redevelopment of the southwest area, consideration
be given to long-established businesses that are vested in the community and have been serving
the community for many years.
Marco Polo Cortes spoke of the need to create an atmosphere to attract investors to the City and
create an identity for the region. He also stated that there is a great need for housing in the
southwest area.
Frank McPhillips, a resident on Queen Anne Drive between Naples and Palomar, talked about
the poor condition of the street, which is full of put holes and culverts and has no sidewalks. He
questioned why the street has been neglected for so many years and placed on the bottom of the
priority list for street improvements. Mr. McPhillips stated that the residents are only asking for
the street to be re-paved and a berm installed to avoid flooding at the east end of the street.
Councilmember Rindone asked staff to contact Mr. McPhillips and bring back a report on street
repairs on Queen Anne Drive.
Page 2 - Council Workshop Minutes
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April 6, 2006
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Council Workshop (Continued I
Taide Pereyra asked why the golf course was granted exceptions and not required to install
sidewalks. She requested that the CIty Attorney investigate possible conflicts of interest of
former and present Councilmembers, Mayors and engineers with regard to the golf course. She
also asked where the tax money collected from residents over the years for street improvements
has gone and why the community meeting regarding Alpine Avenue was held outside the
neighborhood. She said she believed that the voting process to form assessment districts was
flawed. She requested information, including land trades and deals, regarding the portion of land
between Moss and Naples, and any future plans to split the area by closing part of Moss Street
and making Alpine Avenue a main thoroughfare. Ms. Pereya also talked about the poor
condition of her street. She believed that the City did not do a thorough job in using the
Caltrans' Safe Streets grant.
Russ Hall urged the Council to institute a report on infrastructure needs in order to meet
benchmarks for improvements for all infrastructure repairs in the Montgomery area.
General Services Director Griffin addressed some of the questions raised by the speakers.
Councilmember Castaneda stated that some streets in the southwest portion of the City are not
being given the same attention as others, and he suggested applying the analysis of "Would I
want my street to look like this?" when examining these areas and consider interim relief of
asphalt erosion. He stated that street sweeping and maintenance service routes should offer more
attention to those neighborhoods that are without gutters or sidewalks, and the City needs to look
at whether or not there exists the need for increased street sweeping services.
Councilmember Rindone stated that the development of an inventory list would provide residents
the opportunity to see a plan to meet infrastructure needs. He requested that staff look at the
most seriously flawed and dilapidated streets and take interim steps to alleviate the problems.
General Services Director Griffin responded that staff would work to develop an interim
improvement list.
PUBLIC COMMENTS
There were none.
ADJOURNMENT
At 8:11 p.m., Councilmember Rindone adjourned the meeting to the Regular Meeting of April
11, 2006 at 6:00 p.m. in the Council Chambers.
~
Lorraine Bennett
Deputy City Clerk
Page 3 - Council Workshop Minutes
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April 6, 2006
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
April 11,2006
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, Chavez, McCann, Rindone
(arrived at 6:06 p.m.), and Mayor Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
Boy Scout Troop 804 led the Pledge of Allegiance, followed by a moment of silence.
SPECIAL ORDERS OF THE DAY
. PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO DEBBIE
NASTA, FIRE COMMUNICATIONS MANAGER, PROCLAIMING THE WEEK OF
APRIL 10 THROUGH APRIL 16 AS NATIONAL PUBLIC SAFETY
TELECOMMUNICATIONS APPRECIATION WEEK
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Debbie Nasta,
Fire Communications Manager.
. PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO DAVID FOX
AND TINA JONES, POLICE DISPATCH SUPERVISORS, PROCLAIMING THE
WEEK OF APRIL 10 THROUGH APRIL 16 AS NATIONAL PUBLIC SAFETY
TELECOMMUNICATIONS APPRECIATION WEEK
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to David Fox and
Tina Jones, Police Dispatch Supervisors.
. DID YOU KNOW...ABOUT THE NATURE CENTER'S COMPO STING PROGRAM?
Presented by David DiDonato, Nature Center Maintenance Specialist
Nature Center Director Dan Beintema introduced David DiDonato, Nature Center Maintenance
Specialist, who spoke about the Nature Center's Composting Program.
/
.
CONSENT CALENDAR
(Items I through 5.1)
The March 30, 2006 minutes were removed from the agenda at the request of the City Attorney.
I. APPROVAL OF MINUTES of March 21 and March 30, 2006.
Staff recommendation: Council approve the minutes.
2 A. RESOLUTION NO. 2006-108, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA
TRACT NO. 03-03, BELLA LAGO, ACCEPTING THE VARIOUS STREETS AND
EASEMENTS GRANTED ON SAID MAP, AND APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE PROJECT
B. RESOLUTION NO. 2006-109, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 03-03, BELLA
LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO,
LLC, AND THE CITY REGARDING MAINTENANCE OF PRIVATE FACILITIES
WITHIN THE PUBLIC RIGHT OF WAY
On April 8, 2003, the Council approved a tentative map for Bella Lago. Adoption of the
resolutions approves Chula Vista Tract No. 03-03, Bella Lago. (Acting Engineering
Director)
Staffrecommendation: Council adopt the resolutions.
3. RESOLUTION NO. 2006-110, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING THE "STREET LIGHT INSTALLATION
AT THE SOUTHWEST CORNER OF BRANDYWINE AVENUE AND INGRAM
STREET (TF-343)" CAPITAL IMPROVEMENT PROJECT AND APPROVING A
BUDGET TRANSFER OF $13,260 FROM THE EXISTING "NOISE STUDY FOR
PROPERTIES IN THE VICINITY OF THE I-80S CORRIDOR PROJECT (STM-353)"
TO TF-343 TO COMPLETE THE PROJECT
At its March 7, 2006 meeting, the Council received a petition from residents of Sunbow
II requesting that a streetlight be installed at the southwest comer of the intersection of
Ingram Street and Brandywine Avenue. Adoption of the resolution approves establishing
a new capital improvement project and a budget transfer in the amount of $13,260 to
complete the street light installation. (City Engineer/General Services Director)
Staffrecommendation: Council adopt the resolution.
Page 2 - Council Minutes
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April 11, 2006
CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2006-111, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $29,000
AND APPROPRIATING SAID DONATED FUNDS
The Fire Department received donations in the amount of $29,000 trom community
donors. These donations were made to the Fire Department to support the department's
fire suppression and fire prevention functions. The donations will be used to purchase
equipment and supplies for these functions. (Fire Chief)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2006-112, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A CONTRACT THROUGH THE FORMAL
BIDDING PROCESS TO INFOSEND, INC., TO PROVIDE PRINTING AND
MAILING SERVICES FOR SEWER BILLS
The City has contracted for printing and mailing services for sewer bills since 2002 and,
through the formal bidding process, received three responses to the City's request for
bids. InfoSend, Inc. was chosen primarily due to its competitive pricing and quality of
service. (Finance Director)
Staff recommendation: Council adopt the resolution.
5.1. RESOLUTION NO. 2006-113, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A l20-DAY EXTENSION TO THE
DEFERRAL OF THE PORTION OF THE COMPREHENSIVE GENERAL PLAN
UPDATE, COMPRISED OF FUTURE VILLAGES 8,9, 10lUNIVERSITY AREA OF
OTAYRANCH
On December 13, 2005, the Council approved, with one exception, the City's
comprehensive General Plan Update. The exception was for the area comprised of
Villages 8, 9, 10lUniversity Area within Otay Ranch, which was deferred for 120 days.
Adoption of the resolution approves an additional l20-day extension to allow time to
explore the feasibility of the potential land use changes. (Planning and Building
Director)
Staffrecommendation: Council adopt the resolution.
ACTION:
Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, text waived. The motion carried 5-0 on all
items except for the March 30, 2006 minutes, which were removed trom the
agenda at the request of the City Attorney.
Page 3 - Council Minutes
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April I! , 2006
PUBLIC COMMENTS
Boy Scout Troop 804 recited the Boy Scout Law. Councilmember Castaneda recognized the
troop and, on behalf of the City Council, extended good thoughts to Scout Master Bob Link, who
was unable to be present due to his father-law suffering a heart attack.
Robin Leon, a local resident and teacher, spoke about the recent article regarding 70,000 books
donated to the City that are currently being warehoused. She spoke of the poverty of some west-
side residents and the desperate need for books at west-side schools. She asked that teachers
from west-side schools be given the opportunity to look at and select books for their students.
Mayor Padilla responded that he would make an announcement about the disbursement of the
remaining books later in the meeting.
Steven Pavka reported that an elderly neighbor's car was recently towed from in front of his
home. No ticket was placed on the vehicle; no notice was given to the owners, who were both ill
at home; and the owners had to pay $270 for their car to be towed four miles and stored for an
hour. Mr. Pavka stated that the owners did not wish to be identified for fear of reprisal. Mayor
Padilla asked staff to discuss the matter with Mr. Pavka.
Taide Pereyra stated that the recent report on the Montgomery annexation was filled with flaws.
She stated that no money had been spent on basic street repairs and maintenance, the paving of
existing dirt streets, the installation of drains, sidewalks, aprons, and street lights, and that any
improvements had been made by the County over 20 years ago. She stated that the report also
failed to include the numerous exemptions given by the City to the golf course. Ms. Pereyra
requested that former residents ofthe Montgomery area be notified ofthe next Council workshop
on the matter.
Jesus Rubio stated that he recently participated in the immigration march. He also requested that
the Council give the people of the former Montgomery area what was promised to them and
what they paid for.
PUBLIC HEARINGS
6. CONSIDERATION OF AN AMENDMENT TO SECTION 8.24.070 OF THE CHULA
VISTA MUNICIPAL CODE TO ALLOW FOR IMPOUNDING OF NON-FRANCHISE
WASTE HAULERS' NUISANCE ROLL-OFF BOXES AND CONTAINERS PLACED
WITHIN THE CITY BOUNDARIES (Continued from March 14, 2006)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla announced that staff recommended that the hearing be continued to a future date.
Jack Stanley requested to be notified of the future hearing date. Mr. Stanley then read into the
record a letter from an attorney representing Mr. Tom Stenval, owner of Amswede Recycling
Incorporated, stating that Mr. Stenval (1) rejects the proposed modification of the Chula Vista
Municipal Code that would allow a private party to enter onto the private land of another and
seize private property, and (2) requests that the proposed Municipal Code amendment not be
adopted. General Services Director Griffin indicated he would take contact information from
Mr. Stanley in order to notify him of the future hearing date. He also stated that the public
hearing would be re-noticed.
ACTION:
Mayor Padilla moved to continue the hearing to a future date. Councilmember
Castaneda seconded the motion, and it carried 5-0.
Page 4 - Council Minutes
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April II, 2006
PUBLIC HEARINGS (Continued)
7. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR
COLLECTION
Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Finance Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Director of Finance Kachadoorian announced that Item 7C would be pulled from the agenda,
since the accounts have been paid. She then recommended adoption of the resolutions in Items
7A and 7B, assessing the remaining 328 accounts, valued at $41,000, as recorded liens and
placing them on the next property tax bill for collection.
Deputy Mayor McCann stated that he would abstain from voting on Items 7 A and 7B due to
property that he owns that is located near some of the affected properties.
There being no members of the public who wished to speak, Mayor Padilla closed the public
hearing.
ACTION:
Councilmember Rindone offered Resolution Nos. 2006-114 and 2006-115,
headings read, texts, waived:
A. RESOLUTION NO. 2006-114, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS
UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND
(GROUP "A") AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
B. RESOLUTION NO. 2006-115, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS
UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND
(GROUP "B") AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
The motion carried 4-0-1, with Deputy Mayor McCann abstaining.
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED
PARCELS OF LAND (GROUP "C") AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
Item 7C was removed from the agenda. It was not discussed, and no action was taken.
Page 5 - Council Minutes
http://www.chulavistaca.gov
April 11,2006
PUBLIC HEARINGS (Continued)
8. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Finance Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
.
Mayor Padilla opened the public hearing.
Director of Finance Kachadoorian requested that Items 8B, 8C and 8D be pulled trom the
agenda, since the accounts have been paid.
City Attorney Moore stated that Deputy Mayor McCann would be abstaining trom voting, since
he owns property that is within 500 feet of some of the affected property owners.
There being no members of the public wishing to speak, Mayor Padilla closed the public hearing.
Councilmember Rindone noted references made to Pacific Waste, rather than Allied Waste, on
the staff report and asked that the report be duly updated.
ACTION:
Councilmember Rindone offered Resolution No. 2006-116, heading read, text
waived:
A. RESOLUTION NO. 2006-116, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ASSESSING
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED
LIENS UPON THE RESPECTIVE PARCELS OF LAND (GROUP "A")
AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON
THE NEXT REGULAR TAX BILL
The motion carried 4-0-1, with Deputy Mayor McCann abstaining, since he owns
property that is within 500 feet of some of the affected property owners.
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND
(GROUP "B") AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
Page 6 - Council Minutes
http://www.chulavistaca.gov
April!l, 2006
PUBLIC HEARINGS (Continued)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND
(GROUP "C") AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND
(GROUP "D") AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
Items 8B, 8C and 8D were removed from the agenda. They were not discussed, and no action
was taken.
ACTION ITEMS
9. REPORT ON THE STATUS OF THE PEDESTRIAN SAFETY ACTION PLAN FOR
EAST H STREET AND OT A Y LAKES ROAD
The report presented the status of a proposed achievement plan to enhance the safety at
the intersection of Otay Lakes Road and East H Street. Adoption of the resolutions
would authorize the transfer of $50,000 from CIP project STM-353 for funding the
construction ofthe recommended median fencing along the frontage of Bonita Vista High
School, accept the bids, and award the contract for constructing the fence. (City
Engineer, Police Chief)
Acting Director of Engineering Browder presented the action plan. Police Captain Hunter
provided an update on increased enforcement activities in the area; and Principal Civil Engineer
Rivera explained the proposed median fencing project.
Mayor Padilla asked if pedestrian bridges would be a viable option as the City looks toward
long-term solutions, and whether or not this would create negative impacts to traffic flow. Mr.
Rivera responded that all options were being explored, and all recommendations by the
consultants would be required to include traffic impacts.
Deputy Mayor McCann asked whether or not the proposed median fencing would create
decreased visibility for motorists. Mr. Rivera explained that the median fencing would be at its
full height through the portion of the raised median that is wide, and reduced in height on
approach to the intersection. Deputy Mayor McCann asked about lighting at the intersection.
Mr. Rivera responded that street lighting currently exists at all four corners of the intersection,
but staff would review it to make sure it is adequate.
Councilmember Castaneda asked that the fencing be installed as soon as possible and suggested
a design that would not ensnare trash and debris.
Councilmember Chavez indicated a need for safety education at middle schools. Captain Hunter
responded that a video was prepared targeting high school students, but he would look into
something for the lower levels.
Page 7 - Council Minutes
http://www.chulavistaca. gOY
Aprilll, 2006
ACTION ITEMS (Continued)
Councilmember Rindone expressed concern about red light cameras and requested a thorough
investigation into the legal implications of their use, as well as an accounting of their actual
impacts on speeding and traffic violations in other cities. He also requested that staff proceed
administratively with the installation of no-turn-on-red signs at the Otay Lakes/East H
intersection, which be believed would enhance pedestrian safety, particularly since the
intersection is one of the widest in the City.
Cathy Anzuoni spoke in support of the proposed median fencing and about the continued need to
address speeding and other traffic violations in the City. She was hopeful that the City would
seek ways to fund the installation of red light cameras.
ACTION:
Deputy Mayor McCann offered Resolution Nos. 2006-117 and 2006-118,
headings read, texts waived:
A. RESOLUTION NO. 2006-117, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE
"MEDIAN FENCE INSTALLATION ALONG OTAY LAKES ROAD
AND EAST H STREET (TF-342)" CAPITAL IMPROVEMENT
PROJECT AND APPROVING A BUDGET TRANSFER FROM THE
EXISTING "NOISE STUDY FOR PROPERTIES IN THE VICINITY OF
THE 1-805 CORRIDOR (STM-353)" PROJECT NECESSARY TO
COMPLETE THE PROJECT
B. RESOLUTION NO. 2006-118, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS,
A WARDING A CONTRACT, AND APPROVING THE FORM OF THE
CONTRACT FOR THE "MEDIAN FENCE INSTALLATION ALONG
OTAY LAKES ROAD AND EAST H STREET (TF-342)" TO SAN
DIEGO FENCE COMPANY
The motion carried 5-0.
10. REPORT REGARDING THE CITY'S GRAFFITI ABATEMENT PROGRAM AND
CONSIDERATION OF ADOPTION OF A RESOLUTION ALLOCATING FUNDS
FOR SOFTWARE AND EQUIPMENT
On March 1, 2005, the Council approved modifications to the graffiti ordinance that
created a year-round graffiti abatement program to address the growing problem of
graffiti on public and private property by reducing the amount of time within which
graffiti must be removed. The status report on the new graffiti program identifies any
issues and/or successes the program has experienced since implementation. (Public
Works Operations Director)
Mayor Padilla recognized CounciImember Emeritus Leonard Moore, who was present in the
audience and who has played a leadership role in addressing graffiti issues.
Page 8 - Council Minutes
http://www .chula vistaca. gOY
April II, 2006
ACTION ITEMS (Continued)
Director of Public Works Byers presented the staff report.
Deputy Mayor McCann mentioned the need to look for proactive ways to prevent graffiti, as well
as make concerted efforts to catch perpetrators and clean up after the fact. He asked staff to
report on what the City is doing to prevent graffiti, such as educational outreach and working
with the schools.
Councilmember Castaneda suggested that a "buzz phrase" or something similar be developed to
make the graffiti hotline number more memorable.
Councilmember Chavez mentioned the need to analyze potential cost savings for the City by
working on graffiti eradication in conjunction with the San Diego Urban Corps. Mayor Padilla
suggested that the Public Safety Committee review the matter and bring recommendations back
to the Council. Councilmember Chavez, stating that she was unaware that the City was facing a
deadline for NPDES compliance, requested that Councilmembers be informed in advance of
items brought forward that have time constraints.
City Clerk Bigelow announced that a revised resolution was placed on the dais to replace the
following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2006 BUDGET BY APPROPRIATING
$10,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO
PURCHASE ROUTING AND SCHEDULING SOFTWARE; ALLOCATING
$63,000 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES
FOR EQUIPMENT; AND AMENDING THE PROPOSED SPENDING PLAN
FOR FISCAL YEAR 2007 BY APPROPRIATING $9,500 FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND
ACTION:
Deputy Mayor McCann offered revised Resolution No. 2006-I19, heading read,
text waived:
RESOLUTION NO. 2006-119, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
FISCAL YEAR 2006 BUDGET BY APPROPRIATING $63,000 FROM
THE AVAILABLE BALANCE OF THE FLEET MANAGEMENT
FUND TO PURCHASE EQUIPMENT
The motion carried 5-0.
OTHER BUSINESS
II. CITY MANAGER'S REPORTS
City Manager Rowlands announced that the SR-I25 team has invited the Council to tour the
partially completed route this month, preferably on a Saturday morning. He asked
Councilmembers to respond as to their availability no later than April 18, 2006.
Page 9 - Council Minutes
http://www.chulavistaca.gov
Aprilll, 2006
OTHER BUSINESS (Continued)
12. MA YOR'S REPORTS
· Ratification of appointment of William E. Hieronimus to Board of
Appeals and Advisors.
ACTION:
Mayor Padilla moved to ratify the appointment of William Hiernonimus to the
Board of Appeals and Advisors. Deputy Mayor McCann seconded the motion,
and it carried 5-0.
Mayor Padilla spoke regarding the success of the Give-A-Book Program conducted last year. He
stated that since receiving the recent press coverage, the City has received numerous calls and e-
mails on the status of the remaining 70,000 books. To that end, Mayor Padilla announced that he
would host a book benefit to facilitate the transfer of the books to groups or individuals in need.
The event will be held on Tuesday, April 18, 2006, at the old Public Works Yard, 707 F Street,
from I :00 p.m. to 6:00 p.m. He invited interested parties to attend.
.
13. COUNCIL COMMENTS
Councilmember Rindone stated that the Council used to participate in tours of projects on a
regular basis and asked staff to look at scheduling Saturday tours of major projects on a quarterly
basis. He added that the tours would also be open to the public.
Deputy Mayor McCann wished everyone a happy Easter.
Councilmember Chavez recognized her mother, who was present in the audience. She also
suggested that books remaining after the book benefit next week be donated to the Day of the
Child program. She then wished everyone a happy Easter.
Councilmember Castaneda spoke about concerns of local mobilehome park residents regarding
construction violations, lot line changes, and placement of new units in their parks. He said there
was conflicting information provided to him and to park residents regarding how the City
enforces regulations, and he asked that staff schedule a workshop as soon as possible to address
those concerns. He suggested that the City's Mobilehome Rent Review Commission be invited
to participate.
Councilmember Castaneda reported that residents living near the old Fire Station 3 are upset that
the former station property is being used as a storage yard. He asked staff to review and resolve
the issue as quickly as possible.
CLOSED SESSION
Closed Session was cancelled and the following items were not discussed:
14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
· One Case
15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
· One Case
Page ! 0 - Council Minutes
http://www.chulavistaca.gov
April!!,2006
ADJOURNMENT
Councilmember Rindone requested that the meeting be adjourned in memory of Gerald Larussa,
a lifetime educator and leader in the arts for the community, who passed away. At 8:08 p.m.,
Mayor Padilla adjourned the meeting in memory of Mr. Gerald Larussa to the Regular Meeting
on April 25, 2006 at 6:00 p.m. in the Council Chambers.
Page II - Council Minutes
hrtp://www.chulavistaca.gov
Lorraine Bennett
Deputy City Clerk
:.----------
April II , 2006
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COUNCIL AGENDA STATEMENT
Item 3
--
Meeting Date 05/02/06
ITEM TITLE:
Resolution Ordering a Summary Vacation of a portion of a public
sewer easement within Assessors Parcel No. 571-250-21-00 at 707 'L' Street.
SUBMITTED BY:
Resolution Approving a Hold Harmless/Indemnity Agreement
between 'L' Street Ventures, LLC, a California Limited Liability Company,
and tbe City of Chu1a Vista.
Acting Director of Engineering ~
City Manager -;: in ]7 f
(4/5ths Vote: Yes_NolO
REVIEWED BY:
A request has been received to vacate a portion of a public sewer easement within tbe property
located at 707 'L' Street, owned by 'L' Street Venture, LLC. In accordance witb Chapter 4, Section
8330 of tbe State Streets and Highways Code, tbis type of vacation may be performed summarily
through adoption of a resolution ordering said summary vacation.
As a result oftbe sewer easement vacation, improvements to tbe site at 707 'L' Street could be made
in closer proximity to an existing sewer line. As a result, tbe City is requiring a Hold Harmless /
Indemnity Agreement be entered into with' L' Street Venture, LLC, indemnifYing the City of Chula
Vista from potential damages related to maintenance activities on the sewer line. None of the
Council members owns a property witbin 500' oftbe subject project.
RECOMMENDATION: That Council adopts the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
On February 20, 2005, 'L' Street Venture, LLC, ("Owner") owner ofa self-storage property at 707
'L' Street, submitted an application to tbe City to vacate the westerly four feet of an existing ten-
foot-wide sewer easement within tbeir property (see Exhibit "A").
The ten-foot-wide sewer easement was granted to tbe City of Chula Vista per Document No. 82-
281120 on September 10, 1982. A IS-inch vitrified clay sewer pipe is located witbin the existing
sewer easement. The Owne'rs application requests tbe westerly four feet of tbe sewer easement be
vacated to accommodate tbe Phase III development oftbeir self-storage facility. To compensate for
the proposed sewer easement vacation, the Owner will dedicate an additional four feet on tbe easterly
side of the existing easement to maintain the minimum ten-foot sewer easement required for
maintenance purposes. While tbe existing IS-inch pipe was not centered witbin the easement, tbis
3-1
Page 2, Item 3
Meeting Date 05/02/06
four-foot shift would leave the existing pipe a minimum ofthree feet from the westerly edge of the
easement.
Chapter 4, Section 8333( c) of the California Streets and Highways Code states that an easement may
be summarily vacated if the easement has been superseded by relocation and there are no other
public facilities located within that easement. In this case, the existing 15-inch pipe will not need to
be relocated, and no other public facilities are within the easement.
Because the proposed vacation would leave the existing 15-inch pipe in close proximity to the edge
of the easement and proposed development of the site, the City has required the Owner to enter into a
Hold Harmless / Indemnity Agreement (see "Agreement" - Exhibit "B") holding the City harmless
for any potential damages to the developing self-storage site (including any building that may be
constructed) resulting from City maintenance of the 15-inch vitrified clay sewer pipe.
.
The Public Works Operation Division has been notified of this vacation proposal and the associated
Agreement and has no objection.
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"
as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
Upon vacation of the public sewer easement, and because the easement was for sewer purposes only,
the full use of the land will revert back to the current owner. The associated Agreement between the
City and Owner shall be recorded prior to any release of building permits.
FISCAL IMPACT: The costs related to the processing of this request for vacation are being paid
for by a deposit of monies by the applicant under the City's Full Cost Recovery System.
Attachments:
Exhibit "A" - Plat showing vacation
Exhibit "B" - Hold HarmlesslIndemnity Agreement
1 :\Engineer\AGENDA\CAS2006\05-02-06\PV090.agendastatement.doc
3-2
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3-3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING A SUMMARY VACATION OF A
PORTION OF A PUBLIC SEWER EASEMENT WITHIN
ASSESSORS PARCEL NO. 571-250-21-00 AT 707 'L' STREET.
WHEREAS, the proposed summary vacation would vacate a 4-foot portion of a
10- foot wide sewer easement within the property; and
WHEREAS, the westerly 4-foot portion of the existing 10-foot wide sewer
easement originally granted to the City of Chula Vista per Document No. 82-281120,
recorded on September 10, 1982, is no longer required because the owner will grant an
additional 4-foot sewer easement on the easterly side of the existing sewer easement to
the City; and
WHEREAS, in accordance with Chapter 4, Section 8335 of the California Street
and Highways Code, this type of vacation may be performed summarily through adoption
of a resolution ordering said summary vacation;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby order the summary vacation of a 4-foot portion of a 10-foot
sewer easement as shown in Exhibit "A", attached hereto and incorporated herein by
reference as if set forth and full.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record
this resolution of vacation in the Office of the San Diego County Recorder and from and
after the date this resolution is recorded the public sewer easement is vacated.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
~ a&e:/W
Ann Moore. j/
City Attorney
H:\ENGrNEER\RESOS\Resos2006\05-02-06\Reso_PV090 707 L St Vacation. doc
3-4
RESOLUTION NO. 2006-
RESOLUTION APPROVING A HOLD
HARMLESS/INDEMNITY AGREEMENT BETWEEN 'L' STREET
VENTURES LLC., A CALIFORNIA LIMITED LIABILITY
COMPANY, AND THE CITY OF CHULA VISTA.
WHEREAS, the a portion of a ten-foot wide sewer easement over an existing 15-
inch vitrified clay sewer pipe within the property located at 707 'L' Street has been
vacated; and
WHEREAS, development of the property located at 707 'L' Street can now be
constructed within three feet of the resultil1g sewer easement and existing pipe; and
WHEREAS, the City of Chula Vista has required 'L' Street Ventures LLC., the
owner of the property located at 707 'L' Street, enter into a Hold Harmless / Indemnity
Agreement and 'L' Street Ventures has executed said agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Hold Harmless/Indemnity Agreement between the
City ofChula Vista and 'L' Street Ventures, LLC.
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 of Chula
Vista.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
H:\ENGINEER\RESOS\Resos2006\05~02.06\Reso2_PV090 707 L 5t Vacation.doc
3-5
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: jlfblob
!
HOLD HARMLESS/INDEMNITY AGREEJ\1ENT
WITH L STREET VENTURES, LLC
3-6
RECORDING OF THIS DOCU!vfENT
REQUESTED BY THE CITY OF CHULA VISTA
When Recorded, Please Mail To:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA. 91912
Assessor's Parcel No.: 517-250-21-00
Project Name: L Street Self Storage
C.V. File No. PV-090
(Exempt from Recording Fees pursuant to
Government Code Sections 6103 and 27383)
(SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY)
HOLD HARMLESSIINDEMNITY AGREEMENT
This HOLD HARMLESS/INDEMNITY (Agreement) is made as of the Sf "- day of
Arl'". I ,2006 by and between L Street Ventures, LLC, a California Limited Liability
Company ("Owner"), and the City of Chula Vista, a Charter City, located in the County
of San Diego ("City").
RECITALS
A. City is or will be the owner and operator of the sewer system, which includes
a ten (10) foot easement (the "Easement") for a 15" inch sewer main, created
by separate recorded instruments, over certain real property described on
Exhibits A & B attached hereto and made a part hereof (the "Sewer Line").
3-7
B. The development work by Owner includes the installation of asphalt paving
within the area subject to the Easement and construction of a storage building
adjacent to the Easement (the "Improvements").
C. City has asked Owner to indemnify City against damage to the Improvements
(Including its Foundation) resulting from repair and/or maintenance of the Sewer
Line, and Owner has agreed, on the terms and conditions set forth herein.
AGREEMENT
Now Therefore, City and Owner in consideration of the mutual covenants and conditions
set forth in this Agreement, hereby agree as follows:
I. The above recitals are true and correct and incorporated herein by this reference.
2. The Owner; its heirs, assigns and successors-in-interest, hereby agree to
indemnify and hold harmless City, its officers, agents, employees, contractors, and
representatives, from any liability, claims, demands, or costs for damage to the
Improvements suffered or incurred by Owner resulting from the repair and maintenance
of the Sewer Line within the Easement by the City, its officers, agents, employees,
contractors or representatives. The foregoing sentence shall not relieve the City from any
liability for any other damage to Owner's property within the project caused by
maintenance and/or repair of the Sewer Line.
3. The Owner hereby agrees to waive any rights or claim it may possess to a
property right permitting it to maintain the Improvements or other physical object or
obstruction in the aforesaid Easement, which contravenes the right and obligations of the
City.
3-8
4. This Agreement shall remain in full force and effect and inure to the benefit of the
City and its successors-in-interest so long as the Easement continues in existence.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first above written.
OWNER: L Street Ventures, Lf-C,
By: Berkso(l1~j~ 1~;}~/~anaging Member
By: I nl -// 'f-j-()fo
HOWARD BERKS . , MANAGER DATE
CITY OF CHULA VISTA
By:
STEPHEN C. PADILLA, MAYOR
Attest:
SUSAN BIGELOW, CITY CLERK
DATE
APPROVED as to Form:
ANN MOORE, CITY ATTORNEY
3-9
.
LEGAL DESCRIPTION
GRANT OF SEWER EASEMENT
EXHIBIT "P;'
AN EASEMENT AND RIGHT-OF-WAY FOR, AND THE RIGHT TO CONSTRUCT,
MAINTAIN, OPERATE, REPLACE, REMOVE OR ENLARGE A SANITARY
SEWER AND APPURTENANT STRUCTURES IN, UPON, OVER AND ACROSS
TIIAT PORTION OF PARCEL 1 ACCORDING TO PARCEL MAP TIIEREOF NO.
18901, RECORDED FEBRUARY 1, 2002 AS FILE NO. 2002-0089521 IN THE
OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY MOST CORNER OR SAID PARCEL
1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, NORm
17048'51" WEST, 281.74 FEET; THENCE SOum72021'09"WEST, 40.00 FEET TO
POINT "P;' AS DESCRIBED IN DOCUMENT NO. 82-281120, RECORDED
SEPTEMBER 10, 1982; THENCE NORm 72"21'09" EAST (NORm 72012'34" EAST
PER SAID DOCUMENT), 17.50 FEET TO THE EDGE OF SEWER EASEMENT
DESCRIBED IN SAID DOCUMENT; THENCE ALONG THE EASTERLY LINE OF
SAID SEWER EASEMENT, NORm 17048'51" WEST, 377.32 FEET TO THE TRUE
POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE, NORm
17048'51" WEST, 441.59 FEET; THENCE soum 26054'16" EAST, 25.32 FEET;
THENCE PARALLEL WITH SAID EASTERLY LINE, soum 17048'51" EAST,
391.59 FEET; THENCE soum 08043'26" EAST, 25.32 FEET TO THE TRUE
POINT OF BEGINNING.
3-10
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PARCEL 2
ALL-PURPOSE ACKNOWLEDGEMENT
.
State of California }ss.
County of 5&w1 b-, 'lr'
,
On~l S- 2-1'0(, before me, [,0111 ~ A. R., dlGva( ,
I (DATF.) (NOTARY)
personally appeared -.1:1 OWPvr-rJ. t.l rk5rn
SIGNER(S)
lM' personally known to me - OR .. 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
!@ mII\.~~ 1 person(s) acted, executed the instrument.
~.." "NOTARY PUBlIC,CAlIFORNIA ~
U S~EGO COUNTY ..
, My million Expires J
_ *r 24. 2009 WITNESS my hand and official seal.
~ A.~~
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl,
edgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER .JndfWlI'tI~ ~(tfMltt-vtt-
TITLE OR YPE DOCUMENT
TITLEiS)
0 PARTNER(S) -4-
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S) A-rn" ~ "2--q"D"
0 GUARDIAN/CONSERVATOR ~
DATE'OF DOCUMENT
5d OTHER: MtI '11& )''''
OTHER
;
SIGNER IS REPRESENTING: RIGHT THUMBPRINT ~
1!
NAME OF PERSONCS) OR ENTITY(IESj ":i
OF ~
L Sf"NO" Vwtl-vre... E
I L-/.. t. ,
SIGNER :;
"5
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.
APA 5/99
VALLEY-SIE~, ~-362-3369
-,
CERTIFICATION
THE UNDERSIGNED, being all of the Members ofL Street Venture, LLC, a California
limited liability company, hereby evidence their adoption and ratification of the foregoing
Operating Agreement of the Company.
IN WITNESS WHEREOF, the parties hereto have caused their signatures or those of
their duly authorized representatives, to be set forth below, on the date first above written.
"Investor Member"
By:
ger
"Mana!!ino Members"
" "
Greenwald Investment Company,
,Coliforni, '''1''',",00 i:.
By:
I' Bennet ~ reenwald, President /
By:
"KC Member"
z:-
'Karan Cooper
~~~
31
3-13
COUNCIL AGENDA STATEMENT
Item
Meeting Date
4
05/02/06
Item Title: Resolution Approving the temporary closure of Eastlake Parkway from
May 15, 2006 to June 14, 2006 between Miller Drive and Ridgewater Drive to
remove the existing temporary detour and complete roadway improvements and
appurtenances.
Acting Director ofE!lgineering~
/' . r;7
City Manager II 0 7V\
Submitted By:
(4/5ths Vote:_ No-.XJ
Reviewed By:
San Diego Expressway Limited Partnership, L.P. by California Transportation Ventures, lnc., its
General Partner ("CTV") has requested the temporary closure of Eastlake Parkway between
Miller Drive and Ridgewater Drive. The temporary road closure is needed in order to complete
the roadway improvements and associated appurtenances necessary for construction of a new
bridge overcrossing at the SR-125 Toll Road.
RECOMMENDATION: That Council adopt the resolution authorizing the temporary closure
of Eastlake Parkway from May 15, 2006 to June 14,2006 between Miller Drive and Ridgewater
Drive to remove the existing temporary detour and complete the roadway improvements and
associated appurtenances.
BOARD/COMISSION RECOMMENDATION: Not applicable
DISCUSSION:
The closure is necessary because SR-125 will be constructed at what is now the existing street
level of Eastlake Parkway. However, the roadway grade of Eastlake Parkway will be elevated so
that it crosses over SR-125 via a new bridge structure (see Exhibit "A").
CTV is requesting City Council approval to temporarily close Eastlake Parkway between Miller
Drive and Ridgewater Drive in order to remove the existing detour and complete the tie-ins for
Eastlake Parkway in the permanent aligrunent. This work includes grading, drainage, utility tie-
ins, miscellaneous concrete, lighting, signing, aggregate base, paving and delineation. This
closure is anticipated to not exceed five (5) weeks.
On April 26, 2005, the City Council approved the initial roadway closure via Resolution # 2005-
138 (see Exhibit "C"). A t=porary detour just north of the existing roadway was constructed in
order to maintain public access during bridge construction.
4-1
Page 2, Item ~
Meeting Date 05/02/06
City staff concurs with CTV's assertions that in order to finish the bridge construction a
complete closure of Eastlake Parkway for no more than five weeks (5) is required. It is
expected that this temporary closure will occur during the May 15, 2006 to June 14, 2006 period.
The roadway will be opened as soon as possible to the public and pedestrians.
PUBLIC OUTREACH
Otay River Constructors "aRC", general contractors for the SR-125 Project, held a public
meeting on Thursday July 29,2004 at 6:00 p.m. at the Eastlake Elementary School located in the
community at 1955 Hillside Drive. The purpose of the meeting was to inform the Eastlake I
community about the construction of the State Route 125 Project and the need for the two
temporary road closures at Eastlake Parkway.
If Council approves this action tonight, aRC will notify the affected residences and business
utilizing door hangers commencing Wednesday, May 3, 2006.
EFFECT ON CITY STREETS
Eastlake Parkway has an Average Daily Traffic (ADT) count of 6,539 for the section between
Miller Drive and Ridgewater Drive. Closure of this segment of Eastlake Parkway will result in
the need to detour those trips. aRC's traffic engineer has prepared a detour plan in order to
direct eastbound-to-southbound traffic on Eastlake Parkway to eastbound East H Street, then
southerly on Lane Avenue to Otay Lakes Road. Northbound-to-westbound traffic on Eastlake
Parkway from south ofOtay Lakes Road will be directed on Miller Drive to Lane Avenue, then
westerly Proctor Valley Road (see Exhibit "D"). No segment level of service will be adversely
impacted by any diversion of traffic as a result of detouring traffic for these closures.
With the temporary closure of Eastlake Parkway, there will be only two out of three access
points available through the Lakeshore Drive area and the Telegraph Canyon Estates area. There
is a secondary access point to Lakeshore Drive via public streets located within the Telegraph
Canyon Estates subdivision that will remain open to the public. Within the Telegraph Canyon
Estates subdivision, the contractor is required to install three temporary all-way stops on the
collector streets. The secondary access is needed to maintain emergency access into the area.
The annual "Cycle Eastlake" event is scheduled for Sunday, May 7, 2006 and this proposed
closure will not impact this event.
EFFECT ON EMERGENCYIPUBLIC SERVICES
Chula Vista Transit Bus Route 709 is affected by said request. On Spri118, 2005, CTV provided
the City with a cash deposit in the amount of $30,000 to cover the cost required to operate a
shuttle bus service to bypass the roadway closure area. For purposes of liquidated damages, the
daily rate will be doubled if the shuttle service is required beyond the number of days approved
by the City Council.
4-2
Page 3, Item ~
Meeting Date 05/02/06
Chula Vista Police Department and Chula Vista Fire Department have been consulted about this
closure and asked that they be notified in writing with the exact temporary road closure period.
Both Departments will notify main dispatch and coordinate accordingly.
The Permittee is required to notify all affected parties, including the motoring public, in the form
of advance warning signs placed the week prior to the closure implementation day from all
directions leading to that segment of Eastlake Parkway affected by the proposed closure, subject
to approval by the Traffic Engineering Section. The Permittee has notified all the utilities, waste
services, Chula Vista Elementary School District and Sweetwater High School District of the
tentative closure date.
In conclusion, staff recommends the approval of the closure.
Environmental Determination:
The Environmental Review Coordinator has received the initial closure letter dated October I,
2004 from Caltrans District 11 Office stating that these request closures have been contemplated
and analyzed in the SR-I25 ElRIEIS document (January 2000) and this detour and closure are
needed to implement the mitigation measures of the EIR.
FISCAL IMPACT:
This request results in no impact to the City's General Fund. CTV has already deposited with
the City $30,000 for the Transit shuttle bus cost. There will be no other affiliated costs as CTV
is fully responsible for restoring the street to its original condition.
Attachments: Exhibit "A": Vicinity Map indicating Road Closure Limits
Exhibit "B": Preliminary Project Schedule
Exhibit "C": Resolution 2005-138
Exhibit "D": Proposed Route Detour
J:IEngineerlAGENDA ICAS2006\05-02-061A-J 13 for Eastlake Pkwy closure. doc
4-3
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I3XHIBIT C. _
RESOLUTION NO. 2005-138
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TEMPORARY CLOSURE OF
EASTLAKE PARKWAY FROM JUNE 06, 2005 TO JUNE 20,
2005 BETWEEN MILLER DRIVE AND RIDGEWATER
DRIVE, AND AUTHORIZING THE CITY ENGINEER TO
ISSUE A TEMPORARY ENCROACHMENT PERMIT TO SAN
DIEGO EXPRESSWAY LIMITED PARTNERSHIP, L.P. BY
CALIFORNIA TRANSPORTATION VENTURES, INC., ITS
GENERAL PARTNER FOR THE- CONSTRUCTION OF THE
TEMPORARY ON-SITE DETOUR
WHEREAS, San Diego Expressway Limited Partnership, L.P. by California
Transportation Ventures, Inc., its General Partner ("CTV") has requested temporary closure of
Eastlake Parkway between Miller Drive and Ridgewater Drive in order to build a temporary
on-site detour; and
WHEREAS, the closure and the temporary on-site detour are necessary because SR-125
will be constructed at what is now the existing street level of Eastlake Parkway. However, the
roadway grade of Eastlake Parkway will be elevated so that it crosses over SR-125 via a new
bridgesuucture; and
WHEREAS, the duration ofthe temporary closure is estimated to be seven calendar days
with a maximum of fourteen days to account for unforeseen issues and account for the various
utilities to be relocated/inspected by their respective owners.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the temporary closure of Eastlake Parkway from June 06, 2005 to
June 20, 2005 between Miller Drive and Ridgewater Drive.
BE IT FURTHER RESOLVED that the City Engineer is hereby authorized to issue the
temporary encroachment Permit No. PE-632 for the construction of the temporary on-site detour
subject to the conditions of said encroachment penni!.
Presented by
Approved as to fonn by
~./
Sobaib Al-Agha
City Engineer
C\ tV~
Ann Moore
City Attorney
4-6
.
Resolution 2005-138
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 26th day of April, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
McCann
ATTEST:
&ic!Ie.
-~IIA,~I ~ J
Susan Bigelow, MMC, City erk
.
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. 2005-138 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 26th day of April, 2005.
Executed this 26th day of April, 2005.
.
::: ~~ '~.Lo~
Susan Bigelow, MMC, City Cler
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RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE TEMPORARY CLOSURE OF EASTLAKE
PARKWAY FROM MAY 15, 2006 TO JUNE 14, 2006 BETWEEN
MILLER DRIVE AND RIDGEW A TER DRIVE
WHEREAS, San Diego Expressway Limited Partnership, L.P. by California
Transportation Ventures, Inc., its' General Partner ("CTV") has requested temporary
closure of Eastlake Parkway between Miller Drive and Ridgewater Drive to remove the
existing detour and complete the tie-ins for Eastlake Parkway in the permanent
alignment; and
WHEREAS, the closure is necessary because SR-125 will be constructed at what
is now the existing street level of Eastlake Parkway. However, the roadway grade of
Eastlake Parkway will be elevated so that it crosses over SR -125 via a new bridge
structure; and
WHEREAS, the duration of the temporary closure is estimated to not exceed five
weeks. This work includes grading, drainage, utility tie-ins, miscellaneous concrete,
lighting, signing, aggregate base, paving and delineation maximum.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the temporary closure of Eastlake Parkway from May
15,2006 to June 14,2006 between Miller Drive and Ridgewater Drive.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
H:\ENGINEER\RESOS\Resos2006\05-02-06\Reso for 2nd Eastlak.e Pl..-wy closure. doc
4-9
COUNCIL AGENDA STATEMENT
Item S
Meeting Date 05/02/2006
SUBMITTED BY:
Resolution Awarding a Purchase Agreement in the amount of
$196,1 00 for two stencil trucks to Roadline Products, Inc., in accordance
with the tenns and conditions of County of San Bernardino Request for
Proposal F-73 and Purchase Order F1827C
Director of Public Works Operations A /
DirectorofFinanZe'\~ ~ ~ y~
David D. Rowlands, Jr., City Manager 11 (4/5ths Vote: Yes No X)
ITEM TITLE:
REVIEWED BY:
The FY 2005-06 Central Garage Budget provides for the replacement of two stencil trucks. The
Chula Vista Municipal Code Section 22.56.140 and Council Resolution No. 6132 authorize the
Purchasing Agent to participate in cooperative bids with other government agencies for the
purchase of materials of common usage. The City has an opportunity to participate in a current
County of San Bernardino's Request for Proposal (RFP) for favorable tenns and pricing.
RECOMMENDATION: That the City Council approve the Resolution awarding the Purchase
Agreement in the amount of $196, I 00 to Roadline Products, Inc. for two sign stencil trucks.
DISCUSSION:
In the past, the City of Chula Vista has entered into purchasing agreements with agencies for
miscellaneous pieces of equipment. The County of San Bernardino issued a RFP, and as a result
of the size of their organization, received favorable tenns and pricing based on potential volume
discounts. The City of Chula Vista has an opportunity to participate in the County of San
Bernardino's RFP and realize these cost benefits. The two stencil trucks, assigned to Public
Works Operations, are being replaced in their nonnal retirement cycle.
FISCAL IMPACT:
Sufficient funds are available in the Equipment Replacement Budget for the replacement of two
stencil trucks. A total of $1,262,563 was approved during the budget process for FY05-06 to
purchase vehicles and equipment being replaced in their nonnal replacement cycle. Of this
amount, $196, I 00 is available for the replacement of two stencil trucks.
File Nu: 1320-50-DG
C:\Documents and Settings\robetib\My Documents\Bob1equipment\A 113 Stencil Trucks FY06doc
5-1
RESOLUTION NO. 2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A PURCHASE AGREEMENT IN
THE AMOUNT OF $196,100 FOR TWO STENCIL TRUCKS TO
ROADLINE PRODUCTS, INC., IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF COUNTY OF SAN
BERNARDINO REQUEST FOR PROPOSAL F-73 AND
PURCHASE ORDER F1827C
WHEREAS, the FY 2005-06 Central Garage Budget provides for the replacement of
two stencil trucks; and
WHEREAS, the Chula Vista Municipal Code Section 22.56.140 and Council
Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other
government agencies for the purchase of materials of common usage; and
WHEREAS, the County of San Bernardino issued a Request for Proposal (RFP), and
as a result of the size of their organization, received favorable te=s and pricing based on potential
volume discounts; and
WHEREAS, staff recommends that the City ofChu1a Vista participate in the County
of San Bernardino's RFP in order to realize the cost benefits associated with this government
proposal; and
WHEREAS, a total of $1 ,262,563 .00 was approved during the budget process for
FY05-06 to purchase vehicles and equipment being replaced in their no=a1 replacement cycle; and
WHEREAS, $196,100 is available in the Equipment Replacement Budget for the
replacement of two stencil trucks.
NOW, THEREFORE, BE IT RESOLVED the City Council of the CityofChula Vista
does hereby award a purchase agreement in the amount of $196,000 for two stencil trucks to
Road1ine Products, Inc. in accordance with the te=s and conditions of County of San Bernardiino
Request for Proposal F-73 and Purchase Order F1827C.
Presented by
Approved as to fo= by
~~
/~
Ann Moore
City Attorney
Dave Byers
Director of Public Works Operations
J :\attomey\reso\finance\PWOPS agreement - Roadline Products
5-2
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date Mav 2. 2006
ITEM TITLE:
RESOLUTION AUTHORIZING AND APPROVING THE
BORROWING OF FUNDS FOR FISCAL YEAR 2006-07, THE
ISSUANCE AND SALE OF A 2006-07 TAX AND REVENUE
ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE
CALIFORNIA COMMUNITIES CASH FLOW FINANCING
PROGRAM
REVIEWED BY:
Director of FinancefTreasure~
City Manager f( ~ VI!
(4/5ths Vote: Yes _No.-L)
SUBMITTED BY:
SUMMARY:
In order to address cash shortfalls that are projected to occur in the General Fund during
Fiscal Year 2006-07 due to the cyclical nature of some of our major revenue sources, it is
recommended that the City take advantage of the opportunity to borrow money on a
short-term basis at the lowest cost by issuing a Tax and Revenue Anticipation Note
(TRANs) through the pooled financing program sponsored by California Statewide
Communities Development Authority (CSCDA). A TRANs is recommended as an
alternative to borrowing from other City Funds.
CSCDA is a Joint Powers Authority formed by the League of California Cities and the
California State Association of Counties and has issued nearly $6 billion in TRANs
serving nearly 150 California local governments since the inception of the TRANs
Program in 1993. TRANs amounts have ranged from $235 million to as little as $100,000.
The TRANs Program saves both time and money when compared to stand-alone
borrowings. The TRANs borrowing is funded on or about July 1 of each year and is
offered at tax exempt and taxable interest rates, with 12 and 13 month maturity modes.
RECOMMENDATION:
Adopt the resolutions which:
1. Authorize the borrowing of a maximum of $11 million for fiscal year 2006-07
by issuance of TRANs through the CSCDA TRANs Program dated July 5,
2006 and with a maturity not to exceed 13 months;
6-1
Page 2, Item 4:>
Meeting Date 5/2106
2. Authorize execution of various financing documentation, including a
purchase agreement (attached) and an Indenture which is on file in the
Finance Department.
3. Authorize the Director of Finance and the Assistant Director of Finance to
sign the financing documentation in connection with the issuance.
4. Approve the team of financing experts selected by CSCDA.
DISCUSSION:
Many public agencies rely on property tax, sales tax and vehicle license fee revenue cash
flows to fund their day-to-day obligations. Prior to the State implementing the "Triple Flip"
and the "VLF Swap", these revenues were received on a fairly consistent basis
throughout the year. However since the implementation, the State has radically altered
the timing of the cash flow of these revenues to the City. Below is a table to illustrate the
"before and after" effects to the City's cash flow
Fiscal Revenue Total Cash Flow to the City
Year Type Received Monthly January May
2004 Sales Tax 21,421,090 1,785,091 0 0
2005 Sales Tax 23,600,000 1,538,895 2,566,633 2,566,633
2004 VLF 9,137,716 761,476 0 0
2005 VLF 14,031,204 234,599 5,563,006 5,563,006
Note: Monthly amounts are approximated for Illustrative purposes.
This table demonstrates the effect of the new revenue distribution formula to the City.
Approximately 22% of Sales Tax and nearly 80% of VLF cash is received in two
installment payments paid in January and May of each year. Additionally, the City does
not receive its first large property tax apportionment until mid-December. This is not a
fiscal crisis concerning the amount of revenue the city receives. The issue is the timing of
the distribution of these revenues or the cash flow to the General Fund.
TRANs are the most common vehicle used by local government entities to obtain large
amounts of cash on a short-term basis, and are typically less expensive than internal
borrowing from other restricted Funds. The City of Chula Vista has issued TRANs in
previous fiscal years, the most recent being fiscal year 2000-01 in the amount of $2.5
million.
Basically, money is borrowed through the municipal market by issuing a one year note at
short-term tax exempt rates and the proceeds are invested until needed to cover
6-2
Page 3, ItemCt
Meeting Date 5/2/06
shortfalls. All money borrowed, plus interest is repaid near the end of the fiscal year from
any unrestricted revenues of the City. With the difference in the interest rate earned vs.
paid, there is often the opportunity to actually earn a small amount of arbitrage (net
earnings based on the difference in the interest rate paid vs. earned) on this type of
borrowing. Arbitrage is legal when issued in accordance with Federal tax regulations
related to the sizing and issuance of tax-exempt short-term notes.
The California Statewide Communities Development Authority (CSCDA), sponsored by
the League of California Cities and the California State Association of Counties, has
operated a pooled TRANs program for member agencies for several years. Since 1993,
CSCDA has issued nearly $6 billion in TRANs serving nearly 150 agencies. The pooled
concept offers significant savings through sharing the costs of issuance, a streamlined
process, and greater market access.
The experienced group of financial experts working on the program for fiscal year 2006-
07 include RBC Dain Rauscher as financial advisor, Orrick, Herrington & Sutcliffe as bond
counsel, and Lehman Brothers, Citigroup Global Markets, Banc of America Securities,
and E.J. De La Rosa & Co. as the underwriting team.
For additional information, we have included as Attachment A, TRANs Frequently Asked
Questions from the CSCDA website.
FISCAL IMPACT:
Our cash flow projections show that the General Fund could reach a negative cash
balance of ($4.3) million in November 2006. Under current Federal tax laws, the City may
borrow on a tax-exempt basis an amount not to exceed the projected maximum deficit
plus a reasonable working capital reserve, which conservatively results in a maximum
legal borrowing amount of $11 million.
The estimated interest cost of the TRANs is $402,000 assuming a rate of 3.65% and
$40,000 in issuance costs. Estimated revenue from investing the proceeds of the
borrowing until needed is conservatively projected to be at least equal to the cost of the
borrowing. Therefore, the net cost of the TRANs issue is estimated to be zero.
6-3
Page 4, Item&
Meeting Date 5/2/06
ATTACHMENT A
Tax and Revenue Anticipation Notes (TRANS)
Frequently Asked Questions
What are TRANs?
TRANs are Tax and Revenue Anticipation Notes, also known as TANs (Tax Anticipation
Notes) and RANs (Revenue Anticipation Notes.)
Why are TRANs issued?
TRANs are issued by local governments to finance short term cash flow deficits which
occur due to the irregular receipt of certain taxes and/or revenues, and the ongoing
requirement for regular disbursements of operating expenses.
What are the benefits if issuing TRANs?
There are two primary benefits of issuing TRANs. First, TRANs are an inexpensive
method of financing short-term cash shortfalls. Second, TRANs usually produce
additional income through arbitrage earnings.
What is arbitrage?
Arbitrage is a gain which occurs when the cost of borrowing funds is lower than
reinvestment earnings.
How do TRANs produce arbitrage earnings?
TRANs are issued at tax-exempt borrowing rates which are typically one to two
percentage points lower than available reinvestment rates.
Is it legal to earn arbitrage on TRANs?
Yes - provided the TRANs are issued in accordance with federal tax regulations relating
to the sizing and issuance of tax-exempt short-term notes.
How are TRANs issued?
TRANs are permitted under Government Code ~53850 and are authorized when the
governing body adopts a resolution. Most local governments engage a bond attorney to
prepare documentation, and use the services of an investment professional for the
placement or underwriting of the notes.
6-4
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Page 5, Item ~
Meeting Date 5/2/06
What are the advantages of issuing TRANs through the California Statewide
Communities Development Authority (CSCDA) Program?
The CSCDA program provides competitive costs of issuance, greater access to the
financial markets through a larger combined issuance, and a streamlined process for
issuing TRANs which saves California local governments' staff time. The CSCDA
Program also offers two maturity options; 12 and 13 month maturities.
SOURCE: California Communities Website
6-5
PURCHASE AGREEMENT
TillS PURCHASE AGREEMENT (the "Purchase Agreement"), dated as of the
purchase date (the "Purchase Date") specified in Exhibit A attached hereto and made a part hereof,
entered into by and between the signatory local agency designated in Exhibit A (the "Local
Agency") and the California Statewide Communities Development Authority (the "Authority"), for
the sale and delivery of the principal amount specified in Exhibit A of the Local Agency's 2006
Tax and Revenue Anticipation Note (the "Note") to be issued in conjunction with the notes of other
Issuers (as hereinafter defined) participating in the Program (as hereinafter defined), as determined
in the Pricing Confirmation (as hereinafter defined), pooled with notes of other Issuers and
assigned to secure a series (the "Series") of bonds (the "Bonds") designated in Exhibit A;
WITNESSETH:
WHEREAS, local agencies are authorized by Sections 53850 to 53858, both
inclusive, of the Government Code of the State of California (the "Act") (being Article 7.6, Chapter
4, Part I, Division 2, Title 5 of the Government Code) to borrow money by the issuance of
temporary notes;
WHEREAS, the legislative body of the Local Agency (the "Legislative Body") has
heretofore adopted its resolution finding that the Local Agency needs to borrow funds in its fiscal
year ending June 30, 2007 ("Fiscal Year 2006-2007") in the principal amount set forth in Exhibit A
and that it is necessary that said sum be borrowed at this time by the issuance of a note therefor in
anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys to be received
by the Local Agency during or attributable to Fiscal Year 2006-2007;
WHEREAS, the Local Agency has adopted a resolution or resolutions (collectively
or singularly, as applicable, the "Resolution") authorizing the issuance and sale of the Note in the
name and on behalf of the Local Agency;
WHEREAS, the Local Agency has determined that it is in the best interests of the
Local Agency to participate in the California Communities Cash Flow Financing Program (the
"Program"), whereby participating local agencies (the "Issuers") will simultaneously. issue tax and
revenue anticipation promissory notes for purchase by the Authority;
WHEREAS, under the Program, the Authority will form one or more pools of
notes (the "Pooled Notes") and assign each note to a particular pool (the "Pool") and sell a Series
of Bonds secured by each Pool pursuant to an indenture, dated as of July I, 2006 (the "Indenture"),
by and between the Authority and Wells Fargo Bank, National Association (the "Trustee"), and sell
each such Series to Lehman Brothers, Inc., as representative of the underwriters of the Program
(collectively, the "Underwriter");
WHEREAS, if so indicated in Exhibit A, the payment by the Local Agency of its
Note will be secured in whole or in part Gointly, but not severally, with notes of the other
participating Issuers assigned to the same Series of Bonds) by a letter of credit, policy of insurance,
proceeds received ITom a separate bond issue issued by the Authority for such purpose (the
DOCSLAl:517857 I
6-6
"Reserve Fund") or other credit instrument (collectively, the "Credit Instrument") to be issued by
the entity or entities designated in Exhibit A as the credit provider (the "Credit Provider");
WHEREAS, such Credit Instrument may be issued pursuant to a reimbursement
agreement, commitment letter, indenture or other agreement (the "Credit Agreement") as identified
in Exhibit A;
WHEREAS, in order to participate in the Program, the Local Agency has agreed to
be responsible for its share of the fees and expenses of the Trustee, and, if applicable, the Credit
Provider, and the costs of issuing the Bonds, and the costs, if applicable, of issuing the Credit
Instrument, which anticipated fees, expenses and costs of issuance will be deducted trom the
purchase price set forth in Exhibit A and which unanticipated fees, expenses and costs of issuance
will be billed to the Local Agency as the same may arise;
WHEREAS, the costs of issuance which will be deducted trom the purchase price
set forth in Exhibit A for the Local Agency shall not exceed one percent (I %) of the principal
amount of each Note; and
WHEREAS, pursuant to the Program, the Authority is submitting this offer to
purchase the Note pursuant to this Purchase Agreement;
NOW, THEREFORE, for good and valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Oblieation to Purchase. Upon the terms and conditions and in
reliance upon the representations, warranties and agreements set forth herein, the Authority shall
purchase from the Local Agency, and the Local Agency shall sell to the Authority, the Note, as
described herein and in the Resolution.
Section 2. Purchase Price. The purchase price of the Note shall be the
purchase price set forth in the pricing confirmation attached hereto as Exhibit A (the "Pricing
Confirmation"). The Note shall bear interest at an interest rate per annum set forth in the Pricing
Confirmation, which is hereby agreed to by and between the Authority and the Local Agency by
its duly authorized representative executing this Purchase Agreement on behalf of the Local
Agency.
Section 3. Adiustments to Principal Amount or Note and Purchase Price.
The Authority and the Local Agency hereby agree that the principal amount of the Note
purchased by the Authority and sold to the Authority by the Local Agency pursuant to this
Purchase Agreement may be reduced, as determined by the Authority and each Local Agency,
based upon the advice of Orrick, Herrington & Sutcliffe LLP ("Bond Counsel"), in order that the
proceeds produced from such sale of such Note will be an amount which will not be subject to
either (i) yield restriction (in order for interest to be excluded from gross income under Section
103 of the Internal Revenue Code of 1986, as amended (the "Code")) or (ii) a rebate requirement
(under Section 148 of the Code). The Authority and the Local Agency hereby further agree that
the purchase price of the Note shall be reduced as a result of any reduction of the principal
amount of the Note required by this section.
DOCSLA!:5!7857.!
2
6-7
Section 4. Delivery of and Pavment for the Note. The delivery of the Note
(the "Closing") shall take place at 8:00 a.m., California time, on the closing date set forth in the
Pricing ConfirmatioI) or at such other time or date as may be mutually agreeable to the Local
Agency, the Authority and the Underwriter, at the Los Angeles office of Orrick, Herrington &
Sutcliffe LLP or such other place as the Local Agency, the Authority and the Underwriter shall
mutually agree. At the Closing, the Local Agency shall cause the Note to be delivered to the
Authority, duly executed and authenticated, together with the other documents hereinafter
mentioned, and the proceeds of the purchase price of the Note set forth in the Pricing
Confirmation shall be deposited in an amount indicated in the Pricing Confirmation as the
Deposit to Proceeds Fund which shall be held by the Trustee for the Local Agency and the
remainder in the Costs of Issuance Fund held thereunder.
If at any time prior to 90 days after the Closing Date, any event occurs as a result of
which information relating to the Local Agency included in the official statement of the Authority
relating to the Series of Bonds to which the Note is assigned (the "Official Statement") contains an
untrue statement of a material fact or omits to state any material fact necessary to make the
statements therein in light of the circumstances under which they were made, not misleading, the
Local Agency shall promptly notify the Authority and the Underwriter thereof, and if, in the
opinion of the Authority or the Underwriter, such event requires the preparation and publication of
a supplement or amendment to the Official Statement, the Local Agency shall cooperate with the
Authority and the Underwriter in the preparation of an amendment or supplement to the Official
Statement in a form and in a manner approved by the Authority and the Underwriter, and all
reasonable expenses incurred thereby shall be paid by the Local Agency.
Section 5. The Note. The Note shall be issued in substantially the form set
forth in the Resolution, without coupons in the full principal amount set forth in Exhibit A.
Section 6. Representations and Warranties of the Local Al!encv. The
Local Agency represents and warrants to the Authority and the Underwriter that:
(a) All representations and warranties set forth in the Resolution are true and
correct on the date hereof and are made for the benefit of the Authority and the Underwriter as if
set forth herein.
(b) The information relating to the Local Agency included in the Official
Statement does not contain any untrue statement of a material fact or omit to state any material
fact necessary to make the statements therein in light of the circumstance under which they were
made not misleading.
(c) A copy of the Resolution has been delivered to the Authority and the
Underwriter, and the Resolution will not be amended or repealed without the consent of the
Authority and the Underwriter, which consent will not be unreasonably withheld.
(d) The Local Agency acknowledges that the Authority is authorized to
execute the Indenture, to assign the Note to the Trustee under the Indenture and to issue the
Series of Bonds pursuant to the Indenture.
DOCSLA1.517857.1
3
6-8
(e) The Local Agency shall provide the required Payment Account Deposit
Certification (upon a request therefor) in accordance with Section 5.06 of the Indenture.
.
(f) The Local Agency has not issued and will not issue any obligation or
obligations, other than the Note, to finance the working capital deficit for which the Note is
being issued.
Section 7.
Closing are as follows:
Conditions Precedent to the Closine:. Conditions precedent to the
(a) The execution and delivery of the Note consistent with the Resolution.
(b) Delivery of a legal opinion addressed to the Local Agency (with a reliance
letter addressed to the Authority and the Underwriter), dated the date of closing of Bond Counsel
with respect to the validity of the Bonds in form and substance acceptable to the Authority and
the Underwriter.
( c) Delivery of a legal opinion, dated the date of Closing, of counsel to the
Local Agency, with respect to the due authorization, execution and delivery of the Note, in form
and substance acceptable to Bond Counsel.
(d) Approval by the Credit Provider of the credit of the Local Agency and
inclusion of the Local Agency's Note in the assignment, together with notes of other Issuers, to a
Series of Bonds, to secure the Series of Bonds, which approval in the event the Credit Instrument
is the Reserve Fund shall be evidenced by the issuance of an "SP-l +" rating with respect to the
applicable Series of Bonds by Standard & Poor's Ratings Services.
( e) Delivery of each certificate, document, instrument and opinion required by
the agreement between the Authority and the Underwriter for the sale by the Authority and
purchase by the Underwriter of the Series of Bonds to which the Pooled Note is assigned.
(f) Delivery of such other certificates, instruments or opinions as Bond
Counsel may deem necessary or desirable to evidence the due authorization, execution and
delivery of documents pertaining to this transaction and the legal, valid and binding nature
thereof or as may be required by the Credit Agreement, as well as compliance of all parties with
the terms and conditions thereof.
Section 8. Events Permittine: the Authority to Terminate. The Authority
may terminate its obligation to purchase the Note at any time before the Closing if any of the
following occurs:
(a) Any legislative, executive or regulatory action (including the introduction
of legislation) or any court decision which, in the judgment of the Authority, casts sufficient
doubt on the legality of obligations such as the Note, and the tax-exempt status of interest on
obligations such as the Bonds, so as to impair materially the marketability or to reduce materially
the market price of such obligations;
DOCSLAl:517857.1
4
6-9
(b) Any action by the Securities and Exchange Commission or a court which
would require registration of the Note, the Bonds or any instrument securing the Note or Bonds
under the Securities Act of 1933, as amended, in connection with the public offering thereof, or
qualification of the Resolution or the Indenture under the Trust Indenture Act of 1939, as
amended;
(c) Any restriction on trading in securities, or any banking moratorium, or the
inception or escalation of any war or major military hostilities which, in the judgment of the
Authority, substantially impairs the ability of the Underwriter to market the Bonds; or
(d) The Underwriter terminates its obligation to purchase the Series of Bonds
to which the Note is assigned pursuant to its agreement with the Authority for the purchase of
such Series of Bonds.
Neither the Underwriter nor the Authority shall be responsible for the payment of
any fees, costs or expenses of the issuance, offering and sale of the Local Agency's Note except the
Underwriter shall be responsible for California Debt and Investment Advisory Commission fees
and for its own internal costs. The fees, costs and expenses that are categorized in the "Costs of
Issuance" definition in the Indenture shall be paid from the Costs of Issuance Fund. The Local
Agency shall pay any additional costs attributable to it as set forth in the Resolution other than the
fees, costs and expenses so payable from the applicable Costs ofIssuance Fund.
Section 9. Indemnification. To the extent permitted by law, the Local
Agency agrees to indemnify and hold harmless the Authority and the Underwriter and each
person, if any, who controls (within the meaning of Section 15 of the Securities Act of 1933, as
amended, or of Section 20 of the Securities Act of 1934, as amended) the Authority or the
Underwriter, and the officers, directors, agents and employees of the Authority and the
Underwriter against any and all losses, claims, damages, liabilities and expenses arising out of
any statement or information in the Preliminary Official Statement or in the Official Statement
(other than statements or information regarding an Issuer other than the Local Agency) that is
untrue or incorrect in any material respect or the omission or alleged omission therefrom of any
statement or information (other than statements or information regarding an Issuer other than the
Local Agency) that should be stated therein or that is necessary to make the statements and
information therein not misleading in any material respect.
Section 10. Credit Aereement. The Local Agency shall comply with all
lawful and proper requests of the Authority in order to enable the Authority to comply with all of
the terms, conditions and covenants binding upon it under the Credit Agreement.
Section 11. Notices. Any notices to be given to the Underwriter under the
Purchase Agreement shall be given in writing to Lehman Brothers, Inc., 1100 Glendon Avenue,
Suite 11 01, Los Angeles, CA 90024, Attention: Lori Koh. Any notices to be given to the
Authority under the Purchase Agreement shall be given in writing to the Authority, 11 00 "K"
Street, Suite 101, Sacramento, CA 95814, Attention: Secretary.
Section 12. No Assienment. The Purchase Agreement has been made by the
Local Agency and the Authority, and no person other than the Local Agency and the Authority
DOCSLA1:517857.1
5
6-10
or their successors or assigns and the Underwriter shall acquire or have any right under or by
virtue of the Purchase Agreement. All of the representations, warranties and agreements
contained in the Purchase Agreement shall survive the delivery of and payment by the Authority
for the Note and any termination of the Purchase Agreement.
Section 13. Applicable Law. The Purchase Agreement shall be interpreted,
governed and enforced in accordance with the laws of the State of California.
Section 14. Effectiveness. The Purchase Agreement shall become effective
upon the execution hereof by the Authority and execution of the Pricing ConfIrmation by the
Local Agency, and the Purchase Agreement, including the Pricing ConfIrmation, shall be valid,
binding and enforceable from and after the time of such effectiveness.
Section 15. Severabilitv. In the event any provision of the Purchase
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision hereof.
Section 16. Headinl!s. Any headings preceding the text of several sections
hereof shall be solely for convenience of reference and shall not constitute a part of this
Agreement, nor shall they affect its meaning, construction or effect.
DOCSLA1:517857.1
6
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Section 17. Execution in Counteruarts. This Purchase Agreement may be
executed and entered into in several counterparts, each of which shall be deemed an original, and
all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Purchase Agreement
to be executed by their duly authorized representatives as of the Purchase Date set forth in Exhibit
A attached hereto and incorporated herein.
CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORlTY
By:
Member of the Commission
of the Authority
6-12
EXHIBIT A
Pricing Confirmation Supplement
City of Chula Vista
Pricing Information
Principal Amount of Note:
Interest Rate on Note:
Re-Offering Yield:
Purchase Price
Default Rate:
Purchase Price:
Less: Cost of Issuance: _%
Credit Enhancement: _%
Deposit to Note Proceeds Account:
Important Dates
Resolution Date of Local Agency:
Purchase Date:
Closing Date:
Maturity Date:
Interest Payment Date(s):
Note Payment Deposit Date:
First Pledge Month Ending:
Pledge'Amount:
Pledge Percentage:
Second Pledge Month Ending:
Pledge Amount:
Pledge Percentage:
Investment Agreement Information
GIC Provider
Long Term Ratings (S&P/Moody's)
Short Term Credit Ratings (S&P/Moody's)
Interest Rate on GIC
$
- %
_%
_0/0
- %
$-
( )
( )
$
$-
_%
$-
_%
_%
DOCSLAl:5178571
A-I
6-13
* By initialing the box at the end of this paragraph, the undersigned Local Agency
certifies that, in connection with the issuance of the Note under the Resolution and after reasonable
inquiry, it is the reasonable expectation of the Local Agency that the aggregate amount of all
tax-exempt obligations (excluding private activity bonds) issued or to be issued by the Local
Agency during the 2006 calendar year, including the Note, all other notes and bonds, and all
tax-exempt leases, executed or delivered during the 2006 calendar year will not exceed $5,000,000
(See Section 3.8 of the Certificate of the Local Agency if the Local Agency is unable to make this
certification).
IN WITNESS WHEREOF, the Purchase Agreement, including this Pricing
Confirmation, is agreed and accepted to on the Purchase Date set forth above. D
CITY OF CHULA VISTA
.
By:
Authorized Representative
Print Name of Person Signing
* Please initial the box onlv if applicable to the Local Agency
A-2
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RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VI~TA AUTHORIZING AND APPROVING THE
BORROWING OF FUNDS FOR FISCAL YEAR 2006-07, THE
ISSUANCE AND SALE OF A 2006-07 TAX AND REVENUE
ANTICIPATION NOTE AND PARTICIPATION IN THE
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHO~TYTRANSPROGRAM
WHEREAS, local agencies are authorized by Section 53850 to 53858, both
inclusive, of the Government Code of the State of California (the "Act") (being Article 7.6,
Chapter 4, Part I, Division 2, Title 5 of the Government Code) to borrow money by the issuance
of temporary notes;
WHEREAS, the legislative body (the "Legislative Body") of the local agency
,
specified in Section 25 hereof (the "Local Agency") has determined that a sum (the "Principal
Amount"), not to exceed the Maximum Amount of Borrowing specified in Section 25 hereof,
which Principal Amount is to be confrrmed and set in the Pricing Confirmation (as defmed in
Section 4 hereof), is needed for the requirements of the Local Agency, to satisfy obligations of
. the Local Agency, and that it is necessary that said Principal Amount be borrowed for such
purpose at this time by the issuance of a note or notes therefore in anticipation of the receipt of
taxes, income, revenue, cash receipts and other moneys to be received by the Local Agency for
the general fund of the Local Agency attributable to its fiscal year ending June 30, 2007 ("Fiscal
Year 2006-2007");
WHEREAS, .the Local Agency hereby determines to borrow, for the purposes set
forth above, the Principal Amount by the issuance of the Note (as hereinafter defined);
WHEREAS, it appears, and this Legislative Body hereby fmds and determines,
that the Principal Amount, when added to the interest payable thereon, does not exceed eighty-
five percent (85%) of the estimated amount of the uncollected taxes, income, revenue (including,
but not limited to, revenue ITom the state and federal governments), cash receipts and other
moneys of the Local Agency attributable to Fiscal Year 2006-2007 and available for the payment
of the principal of the Note and the interest thereon;
WHEREAS, no money has heretofore been borrowed by or on behalf of the
Local Agency through the issuance of tax anticipation notes or temporary notes in anticipation of
the receipt of, or payable ITom or secured by, taxes, income, revenue, cash receipts or other
moneys for Fiscal Year 2006-2007;
WHEREAS, pursuant to Section 53856 of the Act, certain moneys which will be
received by the Local Agency during and attributable to Fiscal Year 2006-2007 can be pledged
for the payment of the principal of the Note and the interest thereon (as hereinafter provided);
WHEREAS, the Local Agency has determined that it is in the best interests of
the Local Agency to participate in the California Communities Cash Flow Financing Program
DOCSLA 1 :517863.1
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(the "Program"), whereby partlCIpating local agencies (collectively, the "Issuers") will
simultaneously issue tax and revenue anticipation notes;
WHEREAS, the Program requires the participating Issuers to sell their tax and
revenue anticipation notes to the California Statewide Communities Development Authority (the
"Authority") pursuant to note purchase agreements (collectively, "Purchase Agreements"), each
between such individual Issuer and the Authority, and dated as of the date of the Pricing
Confirmation, a form of which has been submitted to the Legislative Body;
WHEREAS, the Authority, in consultation with RBC Capital Markets, as
financial advisor for the Program (the "Financial Advisor"), will form one or more pools of notes
(the "Pooled Notes") and assign each note to a particular pool (the "Pool") and sell a series (the
"Series") of bonds (the "Bonds") secured by each Pool pursuant to an indenture (the "Indenture")
between the Authority and Wells Fargo Bank, National Association, as trustee (the "Trustee"),
each Series distinguished by whether or what type(s) of Credit Instrument(s) (as hereinafter
defined) secure( s) such Series, by the principal amounts of the notes assigned to the Pool, by
whether interest on the Series of Bonds is a fixed rate of interest or a variable rate of interest
swapped to a fixed rate by the Authority, by whether interest on the Series of Bonds is includable
in gross income for federal income tax purposes, or by other factors, and the Local Agency
hereby acknowledges and approves the discretion of the Authority to assign the Note to such
Pool and such Indenture as the Authority may determine;
WHEREAS, as additional security for the owners of each Series of Bonds, all or
a portion of the payments by all of the Issuers of the notes assigned to such Series mayor may
not be secured (by virtue or in form of the Bonds, as indicated in the Pricing Confirmation, being
secured in whole or in part) by an irrevocable letter (or letters) of credit or policy (or policies) of
insurance or other credit instrument (or instruments) (collectively, the "Credit Instrument")
issued by the credit provider or credit providers designated in the Indenture, as finally executed
(collectively, the "Credit Provider"), pursuant to a credit agreement or agreements or
commitment letter or letters (collectively, the "Credit Agreement") between the Authority and
the respective Credit Provider;
WHEREAS, the net proceeds of the Note may be invested by the Local Agency
in Permitted Investments (as defined in the Indenture) or in any other investment permitted by
the laws of the State of California, as now in effect and as hereafter amended, modified or
supplemented ITom time to time;
WHEREAS, as part of the Program each partIcIpating Issuer approves the
Indenture, the alternative forms of Credit Agreements, if any, in substantially the forms
presented to the Legislative Body, with the fmal form of Indenture, type of Credit Instrument and
corresponding Credit Agreement to be determined and approved by delivery of the Pricing
Confirmation;
WHEREAS, pursuant to the Program each partlcIpating Issuer will be
responsible for its share of (a) the fees of the Trustee and the costs of issuing the applicable
Series of Bonds, and (b), if applicable, the fees of the Credit Provider (which shall be payable
ITom, among other sources, moneys in the Costs ofIssuance Fund established and held under the
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Indenture), the Issuer's allocable share of all Predefault Obligations and the Issuer's
Reimbursement Obligations, if any (each as defined in the Indenture);
WHEREAS, pursuant to the Program, the underwriter will submit an offer to the
Authority to purchase, in the case of each Pool of Notes, the Series of Bonds which will be
secured by the Indenture to which such Pool will be assigned;
WHEREAS, it is necessary to engage the services of certain professionals to
assist the Local Agency in its participation in the Program;
NOW, THEREFORE, the Legislative Body hereby finds, determines, declares
and resolves as follows:
Section 1. Recitals. This Legislative Body hereby finds and determines that
all the above recitals are true and correct.
Section 2. (A) Authorization of Issuance. This Legislative Body hereby
determines to borrow solely for the purpose of anticipating taxes, income, revenue, cash receipts
and other moneys to be received by the Local Agency for the general fund of the Local Agency
attributable to Fiscal Year 2006-2007, by the issuance of a note or notes in the aggregate
Principal Amount under Sections 53850 et seq. of the Act, designated the Local Agency's "2006
Tax and Revenue Anticipation Note," with an appropriate series designation if more than one
note is issued (collectively, the "Note"), to be issued in the form of a fully registered note or
notes at the Principal Amount thereof, to be dated the date of its delivery to the initial purchaser
thereof, to mature (without option of prior redemption) not more than fifteen months thereafter
on a date indicated on the face thereof and determined in the Pricing Confirmation (the "Maturity
Date"), and to bear interest, payable at maturity (and if the maturity is more than twelve months
from the date of issuance, payable on the interim payment date set forth in the Pricing
Confirmation) and computed upon the basis of a 360-day year consisting of twelve 30-day
months, or a 365 or 366-day year, as the case may be, and actual days elapsed, at a rate or rates,
if more than one Note is issued, not to exceed twelve percent (12%) per annum as determined in
the Pricing Confmnation and indicated on the face of the Note (the "Note Rate"). If the Series of
Bonds issued in connection with the Note is secured in whole or in part by a Credit Instrument or
such Credit Instrument secures the Note in whole or in part and all principal of and interest on
the Note is not paid in full at maturity or if payment of principal of and/or interest on the Note is
paid (in whole or in part) by a draw under, payment by or claim upon a Credit Instrument which
draw, payment or claim is not fully reimbursed on such date, such Note shall become a Defaulted
Note (as defined in the Indenture), and the unpaid portion (including the interest component, if
applicable) thereof (or the portion (including the interest component, if applicable) thereof with
respect to which a Credit Instrument applies for which reimbursement on a draw, payment or
claim has not been fully made) shall be deemed outstanding and shall continue to bear interest
thereafter until paid at the Default Rate (as defined in the Indenture). If the Note or the Series of
Bonds issued in connection with the Note is unsecured in whole or in part and the Note is not
fully paid at maturity, the unpaid portion thereof (or the portion thereof to which no Credit
Instrument applies which is unpaid) shall be deemed outstanding and shall continue to bear
interest thereafter until paid at the Default Rate. In each case, however, the obligation of the
Local Agency with respect to such Defaulted Note or unpaid Note shall not be a debt or liability
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of the Local Agency prohibited by Article XVI, Section 18 of the California Constitution and the
Local Agency shall not be liable thereon except to the extent of any available revenues
attributable to Fiscal Year 2006-2007, as provided in Section 8 hereof. The percentage of the
Note to which a Credit Instrument, if any, applies (the "Secured Percentage") shall be equal to
the amount of the Credit Instrument divided by the aggregate amount of unpaid principal of and
interest on the unpaid notes (or portions thereof) of all Issuers, expressed as a percentage (but not
greater than 100%) as of the maturity date.
Both the principal of and interest on the Note shall be payable in lawful money of
the United States of America. The principal of and interest on the Note at maturity shall be paid
upon surrender of the Note at the corporate trust office of Wells Fargo Bank, National
Association in Los Angeles, California.
The Note shall be issued in conjunction with the note or notes of one or more
other Issuers as part of the Program and within the meaning of Section 53853 of the Act.
(B) Anything in this Resolution to the contrary notwithstanding, the Pricing
Confirmation may specify that a portion of the authorized Principal Amount of the Note shall be
issued as a taxable Note the interest on which is includable in the gross income of the holder
thereof for federal income tax purposes (a "Taxable Note"). In such event, the Taxable Note
shall be issued with an appropriate series designation and other terms reflecting such taxability of
interest income, including without limitation, a taxable Note Rate and a taxable Default Rate; the
term Note, and other terms as appropriate, shall be deemed to include or refer to such Taxable
Note; and the agreements, covenants and provisions set forth in this Resolution to be performed
by or on behalf of the Local Agency shall be for the equal and proportionate benefit, security and
protection of the holder of any Note without preference, priority or distinction as to security or
otherwise of any Note over and other Note.
Section 3. Form of Note. The Note shall be issued in fully registered form
without coupons and shall be substantially in the form and substance set forth in Exhibit A as
attached hereto and by reference incorporated herein, the blanks in said forms to be filled in with
appropriate words and figures.
Section 4. Sale of Note; Delegation. The Note shall be sold to the Authority
pursuant to the Purchase Agreement. The form of the Purchase Agreement, including the form
of the pricing confirmation supplement (the "Pricing Confirmation") set forth as Exhibit A
thereto, presented to this meeting are hereby approved. The authorized representatives set forth
in Section 25 hereof (the "Authorized Representatives") are each hereby authorized and directed
to execute and deliver the Purchase Agreement in substantially said form, with such changes
thereto as such Authorized Representative shall approve, such approval to be conclusively
evidenced by his or her execution and delivery thereof; provided, however, that the Purchase
Agreement shall not be effective and binding on the Local Agency until the execution and
delivery of the Pricing Confirmation. The Authorized Representatives are each hereby further
authorized and directed to execute and deliver the Pricing Confirmation in substantially said
form, with such changes thereto as such Authorized Representative shall approve, such approval
to be conclusively evidenced by his or her execution and delivery thereof; provided, however,
that the interest rate on the Note shall not exceed twelve percent (12%) per annum, the discount
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on the Note, when added to the Local Agency's share of the costs of issuance of the Bonds, shall
not exceed one percent (1.0%), and the Principal Amount shall not exceed the Maximum
Amount of Borrowing. Delivery of an executed copy of the Pricing Confirmation by fax or
telecopy shall be deemed effective execution and delivery for all purposes.
Section 5. Program Approval. The Pricing Confirmation shall indicate
whether and what type of Credit Instrument will apply.
The forms of Indenture, alternative general types and forms of Credit
Agreements, if any, presented to this meeting are hereby acknowledged, and it is acknowledged
that the Authority will execute and deliver the Indenture, one or more Credit Agreements, if
applicable, which shall be identified in the Pricing Confirmation, in substantially one or more of
said forms with such changes therein as the Authorized Representative who executes the Pricing
Confirmation shall require or approve (substantially fmal forms of the Indenture and the Credit
Agreement are to be delivered to the Authorized Representative concurrent with the Pricing
Confirmation), such approval of the Authorized Representative and this Legislative Body to be
conclusively evidenced by the execution of the Pricing Confirmation.
Anyone of the Authorized Representatives of the Local Agency is hereby
authorized and directed to provide the Financial Advisor or the underwriter with such
information relating to the Local Agency as the Financial Advisor or the underwriter shall
reasonably request for inclusion in the Preliminary Official Statement and Official Statement of
the Authority. Upon inclusion of the information relating to the Local Agency therein, the
Preliminary Official Statement and Official Statement or such other offering document is, except
for certain omissions permitted by Rule l5c2-l2 of the Securities Exchange Act of 1934, as
amended (the "Rule"), hereby deemed final within the meaning of the Rule with respect to the
Local Agency and any Authorized Representative of the Local Agency is authorized to execute a
certificate to such effect. If, at any time prior to the end of the underwriting period, as defmed in
the Rule, any event occurs as a result of which the information contained in the Preliminary
Official Statement or other offering document relating to the Local Agency might include an
untrue statement of a material fact or omit to state any material fact necessary to make the
statements therein, in light of the circumstances under which they were made, not misleading,
the Local Agency shall promptly notify the Financial Advisor and the underwriter.
Subject to Section 8 hereof, the Local Agency hereby agrees that if the Note shall
become a Defaulted Note, the unpaid portion (including the interest component, if applicable)
thereof or the portion (including the interest component, if applicable) to which a Credit
Instrument applies for which full reimbursement on a draw, payment or claim has not been made
by the Maturity Date shall be deemed outstanding and shall not be deemed to be paid until (i)
any Credit Provider providing a Credit Instrument with respect to the Note or the Series of Bonds
issued in connection with the Note, has been reimbursed for any drawings, payments or claims
made under or from the Credit Instrument with respect to the Note, including interest accrued
thereon, as provided therein and in the applicable Credit Agreement, and, (ii) the holders of the
Note, or Series of the Bonds issued in connection with the Note, are paid the full principal
amount represented by the unsecured portion of the Note plus interest accrued thereon
(calculated at the Default Rate) to the date of deposit of such aggregate required amount with the
Trustee. For purposes of clause (ii) of the preceding sentence, holders of the Series of Bonds
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will be deemed to have received such principal amount upon deposit of such moneys with the
Trustee.
The Local Agency agrees to payor cause to be paid, in addition to the amounts
payable under the Note, any fees or expenses of the Trustee and, to the extent permitted by law,
if the Local Agency's Note is secured in whole or in part by a Credit Instrument (by virtue of the
fact that the Series of Bonds is secured by a Credit Instrument), any Predefault Obligations and
Reimbursement Obligations (to the extent not payable under the Note), (i) arising out of an
"Event of Default" hereunder (or pursuant to Section 7 hereof) or (ii) arising out of any other
event (other than an event arising solely as a result of or otherwise attributable to a default by
any other Issuer). In the case described in (ii) above with respect to Predefault Obligations, the
Local Agency shall owe only the percentage of such fees, expenses and Predefault Obligations
equal to the ratio of the principal amount of its Note over the aggregate principal amounts of all
notes, including the Note, of the Series of which the Note is a part, at the time of original
issuance of such Series. Such additional amounts will be paid by the Local Agency within
twenty-five (25) days of receipt by the Local Agency of a bill therefor from the Trustee.
Section 6. No Joint Obligation. The Note will be issued in conjunction with
a note or notes of one or more other Issuers, assigned to secure a Series of Bonds. In all cases,
the obligation of the Local Agency to make payments on or in respect to its Note is a several and
not a joint obligation and is strictly limited to the Local Agency's repayment obligation under
this Resolution and the Note.
Section 7. Disposition of Proceeds of Note. A portion of the moneys
received from the sale of the Note in an amount equal to the Local Agency's share of the costs of
issuance (which shall include any fees and expenses in connection with any Credit Instrument
applicable to the Note or Series of Bonds) shall be deposited in the Costs of Issuance Fund held
and invested by the Trustee under the Indenture and expended as directed by the Authority on
costs of issuance as provided in the Indenture. The balance of the moneys received from the sale
of the Note to the Authority shall be deposited in the Local Agency's Proceeds Subaccount
hereby authorized to be created pursuant to, and held and invested by the Trustee under, the
Indenture for the Local Agency and said moneys may be used and expended by the Local
Agency for any purpose for which it is authorized to use and expend moneys, upon requisition
from the Proceeds Subaccount as specified in the Indenture. Amounts in the Proceeds
Subaccount are hereby pledged to the payment of the Note. The Trustee will not create
subaccounts within the Proceeds Fund, but will keep records to account separately for proceeds
of the Bonds allocable to the Local Agency's Note on deposit in the Proceeds Fund which shall
constitute the Local Agency's Proceeds Subaccount.
Section 8.
Source of Payment.
(A) The principal amount of the Note, together with the interest thereon, shall
be payable from taxes, income, revenue (including, but not limited to, revenue from the state and
federal governments), cash receipts and other moneys which are received by the Local Agency
for the general fund of the Local Agency and are attributable to Fiscal Year 2006-2007 and
which are available for payment thereof. As security for the payment of the principal of and
interest on the Note, the Local Agency hereby pledges certain unrestricted revenues (as
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hereinafter provided, the "Pledged Revenues") which are received by the Local Agency for the
general fund of the Local Agency and are attributable to Fiscal Year 2006-2007, and the
principal of the Note and the interest thereon shall constitute a first lien and charge thereon and
shall be payable from the first moneys received by the Local Agency from such Pledged
Revenues, and, to the extent not so paid, shall be paid from any other taxes, income, revenue,
cash receipts and other moneys of the Local Agency lawfully available therefor (all as provided
for in Sections 53856 and 53857 of the Act). The term "unrestricted revenues" shall mean all
taxes, income, revenue (including, but not limited to, revenue from the state and federal
governments), cash receipts, and other moneys, intended as receipts for the general fund of the
Local Agency attributable to Fiscal Year 2006-2007 and which are generally available for the
payment of current expenses and other obligations of the Local Agency. The Noteholders,
Bondholders and Credit Provider shall have a first lien and charge on such certain unrestricted
revenues as hereinafter provided which are received by the Local Agency and are attributable to
Fiscal Year 2006-2007.
In order to effect the pledge referenced in the preceding paragraph, the Local
Agency hereby agrees and covenants to establish and maintain a special account within the Local
Agency's general fund to be designated the "2006 Tax and Revenue Anticipation Note Payment
Account" (the "Payment Account") and further agrees and covenants to maintain the Payment
Account until the payment of the principal of the Note and the interest thereon. Notwithstanding
the foregoing, if the Local Agency elects to have Note proceeds invested in Permitted
Investments to be held by the Trustee pursuant to the Pricing Confirmation, a subaccount of the
Payment Account (the "Payment Subaccount") shall be established for the Local Agency under
the Indenture and proceeds credited to such account shall be pledged to the payment of the Note.
The' Trustee need not create a subaccount, but may keep a record to account separately for
proceeds of the Note so held and invested by the Trustee which record shall constitute the Local
Agency's Proceeds Subaccount. Transfers from the Payment Subaccount shall be made in
accordance with the Indenture. The Local Agency agrees to transfer to and deposit in the
Payment Account the first amounts received in the months specified in the Pricing Confirmation
as Repayment Months (each individual month a "Repayment Month" and collectively
"Repayment Months") (and any amounts received thereafter attributable to Fiscal Year 2006-
2007) until the amount on deposit in the Payment Account, together with the amount, if any, on
deposit in the Payment Subaccount, and taking into consideration anticipated investment
earnings thereon to be received by the Maturity Date, is equal in the respective Repayment
Months identified in the Pricing Confirmation to the percentage of the principal and interest due
on the Note specified in the Pricing Confirmation. In making such transfer and deposit, the
Local Agency shall not be required to physically segregate the amounts to be transferred to and
deposited in the Payment Account from the Local Agency's other general fund moneys, but,
notwithstanding any commingling of funds for investment or other purposes, the amounts
required to be transferred to and deposited in the Payment Account shall nevertheless be subject
to the lien and charge created herein.
Anyone of the Authorized Representatives of the Local Agency is hereby
authorized to approve the determination of the Repayment Months and percentages of the
principal and interest due on the Note required to be on deposit in the Payment Account and/or
the Payment Subaccount in each Repayment Month, all as specified in the Pricing Confirmation,
by executing and delivering the Pricing Confirmation, such execution and delivery to be
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conclusive evidence of approval by this Legislative Body and such Authorized Representative;
provided, however, that the maximum number of Repayment Months shall be six and the
maximum amount of Pledged Revenues required to be deposited in each Repayment Month shall
not exceed fifty percent (50%) of the aggregate principal and interest due on the Note. In the
event on the day in each such Repayment Month that a deposit to the Payment Account is
required to be made, the Local Agency has not received sufficient unrestricted revenues to
permit the deposit into the Payment Account of the full amount of Pledged Revenues to be
deposited in the Payment Account from said unrestricted revenues in said month, then the
amount of any deficiency shall be satisfied and made up from any other moneys of the Local
Agency lawfully available for the payment of the principal of the Note and the interest thereon,
as and when such other moneys are received or are otherwise legally available.
(B) Any moneys placed in the Payment Account or the Payment Subaccount
shall be for the benefit of (i) the holder of the Note and the holders of Bonds issued in connection
with the Notes and (ii) (to the extent provided in the Indenture) the Credit Provider, if any. The
moneys in the Payment Account and the Payment Subaccount shall be applied only for the
purposes for which such Accounts are created until the principal of the Note and all interest
thereon are paid or until provision has been made for the payment of the principal of the Note at
maturity with interest to maturity (in accordance with the requirements for defeasance of the
Bonds as set forth in the Indenture) and, if applicable, (to the extent provided in the Indenture
and, if applicable, the Credit Agreement) the payment of all Predefault Obligations and
Reimbursement Obligations owing to the Credit Provider.
(C) The Local Agency hereby directs the Trustee to transfer on the Note
Payment Deposit Date (as defined in the Indenture), any moneys in the Payment Subaccount to
the Bond Payment Fund (as defined in the Indenture). In addition, on the Note Payment Deposit
Date, the moneys in the Payment Account shall be transferred by the Local Agency to the
Trustee, to the extent necessary (after crediting any transfer pursuant to the preceding sentence),
to pay the principal of and/or interest on the Note, to make payments to a Swap Provider, if any,
as defined in the Indenture, pursuant to a Swap Agreement, if any, as defined in the Indenture, or
to reimburse the Credit Provider for payments made under or pursuant to the Credit Instrument.
In the event that moneys in the Payment Account and/or the Payment Subaccount are insufficient
to pay the principal of and interest on the Note in full when due, such moneys shall be applied in
the following priority: first to pay interest on the Note; second to pay principal of the Note; third
to reimburse the Credit Provider for payment, if any, of interest with respect to the Note; fourth
to reimburse the Credit Provider for payment, if any, of principal with respect to the Note; and
fifth to pay any Reimbursement Obligations of the Local Agency and any of the Local Agency's
pro rata share of Predefault Obligations owing to the Credit Provider. Any moneys remaining in
or accruing to the Payment Account and/or the Payment Subaccount after the principal of the
Note and the interest thereon and any Predefault Obligations and Reimbursement Obligations, if
applicable, have been paid, or provision for such payment has been made, shall be transferred to
the general fund of the Local Agency, subject to any other disposition required by the Indenture,
or, if applicable, the Credit Agreement. Nothing herein shall be deemed to relieve the Local
Agency from its obligation to pay its Note in full on the Maturity Date.
(D)
be invested by the
Moneys in the Proceeds Subaccount and in the Payment Subaccount shall
Trustee pursuant to the Indenture as directed by the Local Agency in
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'.
Permitted Investments as described in and under the terms of the Indenture. Any such
investment by the Trustee shall be for the account and risk of the Local Agency, and the Local
Agency shall not be deemed to be relieved of any of its obligations with respect to the Note, the
Predefault Obligations or Reimbursement Obligations, if any, by reason of such investment of
the moneys in its Proceeds Subaccount or the Payment Subaccount.
(E) At the written request of the Credit Provider, if any, the Local Agency
shall, within ten (10) Business Days following the receipt of such written request, file such report
or reports to evidence the transfer to and deposit in the Payment Account required by this Section
8 and provide such additional financial information as may be required by the Credit Provider, if
any.
Section 9. Execution of Note. Anyone of the Authorized Representatives of
the Local Agency or any other officer designated by the Legislative Body shall be authorized to
execute the Note by manual or facsimile signature and the Secretary or Clerk of the Legislative
Body of the Local Agency, or any duly appointed assistant thereto, shall be authorized to
countersign the Note by manual or facsimile signature. Said Authorized Representative of the
Local Agency, is hereby authorized to cause the blank spaces of the Note to be filled in as may
be appropriate pursuant to the Pricing Confirmation. The Authorized Representative is hereby
authorized and directed to cause the Authority to assign the Note to the Trustee, pursuant to the
terms and conditions of the Purchase Agreement, this Resolution and the Indenture. In case any
Authorized Representative whose signature shall appear on any Note shall cease to be an
Authorized Representative before the delivery of such Note, such signature shall nevertheless be
valid and sufficient for all purposes, the same as if such officer had remained in office until
delivery. The Note need not bear the seal of the Local Agency, if any.
Section 10. Intentionally Left Blank. This section has been included to
preserve the sequence of section numbers for cross-referencing purposes.
Section 11. Representations and Covenants of the Local Agency.
The Local Agency makes the following representations for the benefit of the
holder of the Note, the owners of the Bonds and the Credit Provider, if any:
(A) The Local Agency is duly organized and existing under and by virtue of
the laws of the State of California and has all necessary power and authority to (i) adopt this
Resolution and perform its obligations thereunder, (ii) enter into and perform its obligations
under the Purchase Agreement, and (iii) issue the Note and perform its obligations thereunder.
(B) (i) Upon the issuance of the Note, the Local Agency shall have taken all
action required to be taken by it to authorize the issuance and delivery of the Note and the
performance of its obligations thereunder, and (ii) the Local Agency has full legal right, power
and authority to issue and deliver the Note.
(C) The issuance of the Note, the adoption of the Resolution and the execution
and delivery of the Purchase Agreement, and compliance with the provisions hereof and thereof
do not conflict with, breach or violate any law, administrative regulation, court decree,
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resolution, charter, by-laws or other agreement to which the Local Agency is subject or by which
it is bound.
(D) Except as may be required under blue sky or other securities laws of any
state or Section 3(a)(2) of the Securities Act of 1933, there is no consent, approval, authorization
or other order of, or filing with, or certification by, any regulatory authority having jurisdiction
over the Local Agency required for the issuance and sale of the Note or the consummation by the
Local Agency of the other transactions contemplated by this Resolution, except those the Local
Agency shall obtain or perform prior to or upon the issuance of the Note.
.
(E) The Local Agency has (or will have prior to the issuance of the Note)
duly, regularly and properly adopted a preliminary budget for Fiscal Year 2006-2007 setting
forth expected revenues and expenditures and has complied with all statutory and regulatory
requirements with respect to the adoption of such budget. The Local Agency hereby covenants
that it shall (i) duly, regularly and properly prepare and adopt its fmal budget for Fiscal Year
2006-2007, (ii) provide to the Trustee, the Credit Provider, if any, the Financial Advisor and the
underwriter, promptly upon adoption, copies of such final budget and of any subsequent
revisions, modifications or amendments thereto and (iii) comply with all applicable laws
pertaining to its budget.
(F) The sum of the principal amount of the Local Agency's Note plus the
interest payable thereon, on the date of its issuance, shall not exceed fifty percent (50%) of the
estimated amounts of the Local Agency's uncollected taxes, income, revenue (including, but not
limited to, revenue from the state and federal governments), cash receipts, and other moneys to
be received by the Local Agency for the general fund of the Local Agency attributable to Fiscal
Year 2006-2007, all of which will be legally available to pay principal of and interest on the
Note.
(G) The Local Agency (i) has not defaulted within the past twenty (20) years,
and is not currently in default, on any debt obligation and (ii), to the best knowledge of the Local
Agency, has never defaulted on any debt obligation.
(H) The Local Agency's most recent audited fmancial statements present
fairly the financial condition of the Local Agency as of the date thereof and the results of
operation for the period covered thereby. Except as has been disclosed to the Financial Advisor
and the underwriter and the Credit Provider, if any, there has been no change in the fmancial
condition of the Local Agency since the date of such audited financial statements that will in the
reasonable opinion of the Local Agency materially impair its ability to perform its obligations
under this Resolution and the Note. The Local Agency agrees to furnish to the Authority, the
Financial Advisor, the underwriter, the Trustee and the Credit Provider, if any, promptly, from
time to time, such information regarding the operations, financial condition and property of the
Local Agency as such party may reasonably request.
(I) There is no action, suit, proceeding, inquiry or investigation, at law or in
equity, before or by any court, arbitrator, governmental or other board, body or official, pending
or, to the best knowledge of the Local Agency, threatened against or affecting the Local Agency
questioning the validity of any proceeding taken or to be taken by the Local Agency in
DOCSLAl :517863.1
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connection with the Note, the Purchase Agreement, the Indenture, the Credit Agreement, if any,
or this Resolution, or seeking to prohibit, restrain or enjoin the execution, delivery or
performance by the Local Agency of any of the foregoing, or wherein an unfavorable decision,
ruling or fmding would have a materially adverse effect on the Local Agency's fmancial
condition or results of operations or on the ability of the Local Agency to conduct its activities as
presently conducted or as proposed or contemplated to be conducted, or would materially
adversely affect the validity or enforceability of, or the authority or ability of the Local Agency
to perform its obligations under, the Note, the Purchase Agreement, the Indenture, the Credit
Agreement, if any, or this Resolution.
(J) Upon issuance of the Note and execution of the Purchase Contract, this
Resolution, the Purchase Contract and the Note will constitute legal, valid and binding
agreements of the Local Agency, enforceable in accordance with their respective terms, except
as such enforceability may be limited by bankruptcy or other laws affecting creditors' rights
generally, the application of equitable principles if equitable remedies are sought, the exercise of
judicial discretion in appropriate cases and the limitations on legal remedies against local
agencies, as applicable, in the State of Califomia.
(K) The Local Agency and its appropriate officials have duly taken, or will
take, all proceedings necessary to be taken by them, if any, for the levy, receipt, collection and
enforcement of the Pledged Revenues in accordance with law for carrying out the provisions of
this Resolution and the Note.
(L) The Local Agency shall not incur any indebtedness secured by a pledge of
its Pledged Revenues unless such pledge is subordinate in all respects to the pledge of Pledged
Revenues hereunder.
(M) So long as the Credit Provider, if any, is not in payment default under the
Credit Instrument, the Local Agency hereby agrees to pay its pro rata share of all Predefault
Obligations and all Reimbursement Obligations attributable to the Local Agency in accordance
with provisions of the Credit Agreement, if any, and/or the Indenture, as applicable. Prior to the
Maturity Date, moneys in the Local Agency's Payment Account and/or Payment Subaccount
shall not be used to make such payments. The Local Agency shall pay such amounts promptly
upon receipt of notice from the Credit Provider that such amounts are due to it.
(N) So long as any Bonds issued in connection with the Notes are
Outstanding, or any Predefault Obligation or Reimbursement Obligation is outstanding, the
Local Agency will not create or suffer to be created any pledge of or lien on the Note other than
the pledge and lien of the Indenture.
Section 12. Tax Covenants. (A) The Local Agency shall not take any action
or fail to take any action if such action or failure to take such action would adversely affect the
exclusion from gross income of the interest payable on the Note or Bonds under Section 103 of
the Internal Revenue Code of 1986 (the "Code"). Without limiting the generality of the
foregoing, the Local Agency shall not make any use of the proceeds of the Note or Bonds or any
other funds of the Local Agency which would cause the Note or Bonds to be an "arbitrage bond"
within the meaning of Section 148 of the Code, a "private activity bond" within the meaning of
DOCSLAl:517863.1
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.
Section 141(a) of the Code, or an obligation the interest on which is subject to federal income
taxation because it is "federally guaranteed" as provided in Section 149(b) of the Code. The
Local Agency, with respect to the proceeds of the Note, will comply with all requirements of
such sections of the Code and all regulations of the United States Department of the Treasury
issued or applicable thereunder to the extent that such requirements are, at the time, applicable
and in effect.
(B) The Local Agency hereby (i) represents that the aggregate face amount of
all tax-exempt obligations (including any tax-exempt leases, but excluding private activity
bonds), issued and to be issued by the Local Agency during calendar year 2006, including the
Note, is not reasonably expected to exceed $5,000,000; or. in the alternative. (ii) covenants that
the Local Agency will take all legally pennissible steps necessary to ensure that all of the gross
proceeds of the Note will be expended no later than the day that is six months after the date of
issuance of the Note so as to satisfY the requirements of Section 148(f)(4)(B) of the Code.
(C) Notwithstanding any other provision of this Resolution to the contrary,
upon the Local Agency's failure to observe, or refusal to comply with, the covenants contained
in this Section 12, no one other than the holders or former holders of the Note, the owners of the
Bond, the Credit Provider, if any, or the Trustee on their behalf shall be entitled to exercise any
right or remedy under this Resolution on the basis of the Local Agency's failure to observe, or
refusal to comply with, such covenants.
the Note.
(D) The covenants contained in this Section 12 shall survive the payment of
(E) The provisions of this Section 12 shall not apply to a Taxable Note.
Section 13. Events of Default and Remedies.
If any of the following events occurs, it is hereby defmed as and declared to be
and to constitute an "Event of Default":
(A) Failure by the Local Agency to make or cause to be made the transfers and
deposits to the Payment Account, or any other payment required to be paid hereunder, including
payment of principal and interest on the Note, on or before the date on which such transfer,
deposit or other payment is due and payable;
(B) Failure by the Local Agency to observe and perform any covenant,
condition or agreement on its part to be observed or performed under this Resolution, for a
period of fifteen (15) days after written notice, specifYing such failure and requesting that it be
remedied, is given to the Local Agency by the Trustee or the Credit Provider, if applicable,
unless the Trustee and the Credit Provider shall all agree in writing to an extension of such time
prior to its expiration;
(C) Any warranty, representation or other statement by or on behalf of the
Local Agency contained in this Resolution or the Purchase Agreement (including the Pricing
Confirmation) or in any requisition or any financial report delivered by the Local Agency or in
DOCSLAl,S17863.1
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any instrument furnished in compliance with or in reference to this Resolution or the Purchase
Agreement or in connection with the Note, is false or misleading in any material respect;
(D) A petition is filed against the Local Agency under any bankruptcy,
reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of
any jurisdiction, whether now or hereafter in effect and is not dismissed within 30 days after
such filing, but the Trustee shall have the right to intervene in the proceedings prior to the
expiration of such thirty (30) days to protect its and the Bond Owners' (or Noteholders')
interests;
(E) The Local Agency files a petition in voluntary bankruptcy or seeking
relief under any provision of any bankruptcy, reorganization, arrangement, insolvency,
readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter
in effect, or consents to the filing of any petition against it under such law; or
(F) The Local Agency admits insolvency or bankruptcy or is generally not
paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an
assignment for the benefit of creditors, or a custodian (including without limitation a receiver,
liquidator or trustee) of the Local Agency or any of its property is appointed by court order or
takes possession thereof and such order remains in effect or such possession continues for more
than 30 days, but the Trustee shall have the right to intervene in the proceedings prior to the
expiration of such thirty (30) days to protect its and the Bond Owners' or Noteholders' interests.
Whenever any Event of Default referred to in this Section 13 shall have happened
and be continuing, the Trustee, as holder of the Note, shall, in addition to any other remedies
provided herein or by law or under the Indenture, if applicable, have the right, at its option
without any further demand or notice, to take one or any combination of the following remedial
steps:
(1) Without declaring the Note to be inunediately due and payable, require the
Local Agency to pay to the Trustee, as holder of the Note, an amount equal to the principal of the
Note and interest thereon to maturity, plus all other amounts due hereunder, and upon notice to
the Local Agency the same shall become immediately due and payable by the Local Agency
without further notice or demand; and
(2) Take whatever other action at law or in equity (except for acceleration of
payment on the Note) which may appear necessary or desirable to collect the amounts then due
and thereafter to become due hereunder and under the Note or to enforce any other of its rights
hereunder.
Notwithstanding the foregoing, if the Local Agency's Note is secured in whole or
in part by a Credit Instrument or if the Credit Provider is subrogated to rights under the Local
Agency's Note, as long as the Credit Provider has not failed to comply with its payment
obligations under the Credit Instrument, the Credit Provider shall have the right to direct the
remedies upon any Event of Default hereunder, and the Credit Provider's prior consent shall be
required to any remedial action proposed to be taken by the Trustee hereunder.
DOCSLA U 17863.1
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If the Credit Provider is not reimbursed for any drawing, payment or claim, as
applicable, used to pay principal of and interest on the Note due to a default in payment on the
Note by the Local Agency, or if any principal of or interest on the Note remains unpaid after the
Maturity Date, the Note shall be a Defaulted Note, the unpaid portion (including the interest
component, if applicable) thereof or the portion (including the interest component, if applicable)
to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has
not been made shall be deemed outstanding and shall bear interest at the Default Rate until the
Local Agency's obligation on the Defaulted Note is paid in full or payment is duly provided for,
all subject to Section 8 hereof.
Section 14. Trustee. The Local Agency hereby directs and authorizes the
payment by the Trustee of the interest on and principal of the Note when such become due and
payable, from amounts received by the Trustee from the Local Agency in the manner set forth
herein. The Local Agency hereby covenants to deposit funds in such account or fund, as
applicable, at the time and in the amount specified herein to provide sufficient moneys to pay the
principal of and interest on the Note on the Note Payment Deposit Date. Payment of the Note
shall be in accordance with the terms of the Note and this Resolution.
Section 15. Sale of Note. The Note shall be sold to the Authority, in
accordance with the terms of the Purchase Agreement, hereinbefore approved, and issued
payable to the Trustee, as assignee of the Authority.
Section 16. Intentionally Left Blank. This section has been included to
preserve the sequence of section numbers for cross-referencing purposes.
Section 17. Approval of Actions. The aforementioned Authorized
Representatives of the Local Agency are hereby authorized and directed to execute the Note and
cause the Trustee to accept delivery of the Note, pursuant to the terms and conditions of the
Purchase Agreement and the Indenture. All actions heretofore taken by the officers and agents
of the Local Agency or this Legislative Body with respect to the sale and issuance of the Note
and participation in the Program are hereby approved, confirmed and ratified and the Authorized
Representatives and agents of the Local Agency are hereby authorized and directed, for and in
the name and on behalf of the Local Agency, to do any and all things and take any and all actions
and execute any and all certificates, agreements and other documents which they, or any of them,
may deem necessary or advisable in order to consummate the lawful issuance and delivery of the
Note in accordance with, and related transactions contemplated by, this Resolution. The
Authorized Representatives of the Local Agency referred to above in Section 4 hereof are hereby
designated as "Authorized Local Agency Representatives" under the Indenture.
In the event that the Note or a portion thereof is secured by a Credit Instrument,
anyone of the Authorized Representatives of the Local Agency is hereby authorized and directed
to provide the Credit Provider, with any and all information relating to the Local Agency as such
Credit Provider may reasonably request.
Section 18. Proceedings Constitute Contract. The provisions of the Note
and of this Resolution shall constitute a contract between the Local Agency and the registered
owner of the Note, and such provisions shall be enforceable by mandamus or any other
DOCSLAL517863.1
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appropriate suit, action or proceeding at law or in equity in any court of competent jurisdiction,
and shall be irrepealable. The Credit Provider, if any, is a third party beneficiary of the
provisions of this Resolution and the Note.
Section 19. Limited Liability. Notwithstanding anything to the contrary
contained herein or in the Note or in any other document mentioned herein or related to the Note
or to any Series of Bonds to which the Note may be assigned, the Local Agency shall not have
any liability hereunder or by reason hereof or in connection with the transactions contemplated
hereby except to the extent payable from moneys available therefor as set forth in Section 8
hereof.
Section 20. Amendments. At any time or from time to time, the Local
Agency may adopt one or more Supplemental Resolutions with the written consents of the
Authority and the Credit Provider, if any, but without the necessity for consent of the owner of
the Note or of the Bonds issued in connection with the Note for anyone or more of the following
purposes:
(A) to add to the covenants and agreements of the Local Agency in this
Resolution, other covenants and agreements to be observed by the Local Agency which are not
contrary to or inconsistent with this Resolution as theretofore in effect;
(B) to add to the limitations and restrictions in this Resolution, other
limitations and restrictions to be observed by the Local Agency which are not contrary to or
inconsistent with this Resolution as theretofore in effect;
(C) to confirm, as further assurance, any pledge under, and the subjection to
any lien or pledge created or to be created by, this Resolution, of any monies, securities or funds,
or to establish any additional funds or accounts to be held under this Resolution;
(D) to cure any ambiguity, supply any omission, or cure or correct any defect
or inconsistent provision in this Resolution; or
(E) to amend or supplement this Resolution in any other respect;
provided, however, that any such Supplemental Resolution does not adversely affect the interests
of the owners ofthe Note or of the Bonds issued in connection with the Notes.
Any modifications or amendment of this Resolution and of the rights and
obligations of the Local Agency and of the owner of the Note or of the Bonds issued in
connection with the Note may be made by a Supplemental Resolution, with the written consents
of the Authority and the Credit Provider, if any, and with the written consent of the owners of at
least a majority in principal amount of the Note and of the Bonds issued in connection with the
Note outstanding at the time such consent is given; provided, however, that if such modification
or amendment will, by its terms, not take effect so long as the Note or any Bonds issued in
connection with the Note remain outstanding, the consent of the owners of such Note or of such
Bonds shall not be required. No such modification or amendment shall permit a change in the
maturity of the Note or a reduction of the principal amount thereof or an extension of the time of
any payment thereon or a reduction of the rate of interest thereon, or a change in the date or
DOCSLAl:517863.1
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amounts of the pledge set forth in this Resolution, without the consent of the owners of such
Note or the owners of all the Bonds issued in connection with the Note, or shall reduce the
percentage of the Note or Bonds the consent of the owners of which is required to effect any
such modification or amendment, or shall change or modify any of the rights or obligations of
the Trustee without its written assent thereto.
Section 21. Severability. In the event any provision of this Resolution shall be
held invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
.
Section 22. Appointment of Bond Counsel. The law firm of Orrick,
Herrington & Sutcliffe LLP, Los Angeles, California is hereby appointed as Bond Counsel for
the Program. The Local Agency acknowledges that Bond Counsel regularly performs legal
services for many private and public entities in connection with a wide variety of matters, and
that Bond Counsel has represented, is representing or may in the future represent other public
entities, underwriters, trustees, rating agencies, insurers, credit enhancement providers, lenders,
financial and other consultants who may have a role or interest in the proposed fmancing or that
may be involved with or adverse to Local Agency in this or some other matter. Given the
special, limited role of Bond Counsel described above the Local Agency acknowledges that no
conflict of interest exists or would exist, waives any conflict of interest that might appear to
exist, and consents to any and all such relationships.
Section 23. Appointment of Financial Advisor and Underwriter. RBC
Dain Rauscher, Inc., Los Angeles, California is hereby appointed as financial advisor for the
Program. Lehman Brothers, Inc., together with such co-underwriters, if any, identified in the
Purchase Contract, is hereby appointed as underwriter for the Program.
Section 24. Effective Date. This Resolution shall take effect from and after its
date of adoption.
DOCSLA1:517863.1 16
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Section 25. Resolntion Parameters.
(A) Name of Local Agency: City of Chula Vista
(B) Maximum Amount of Borrowing: $11,000,000
(C) Authorized Representatives:
TITLE
1.
Director of Finance & Treasurer
2.
Assistant Director of Finance & Treasurer
3.
City Manager
Presented by
Maria Kachadorian
Director of Finance
J:\attorneylreso\finance\borrowing funds CSCDA
TRANs Program
DOCSLA1517863.1
Approved as to form by
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t/uP
EXHIBIT A
CITY OF CHULA VISTA
2006 TAX AND REVENUE ANTICIPATION NOTE, [SERIES_f
Interest Rate
Maturity Date
Date of
Original Issue
REGISTERED OWNER:
PRINCIPAL AMOUNT: $11,000,000
FOR VALUE RECEIVED, the Local Agency designated above (the "Local
Agency"), acknowledges itself indebted to and promises to pay to the registered owner identified
above, or registered assigns, on the maturity date set forth above, the principal sum specified
above in lawful money of the United States of America, and to pay interest thereon [on
, 2006 and] at maturity at the rate of interest specified above (the "Note Rate").
Principal of and interest on this Note are payable in such coin or currency of the United States as
at the time of payment is legal tender for payment of private and public debts. Principal and
interest at maturity shall be paid upon surrender hereof at the principal corporate trust office of
Wells Fargo Bank, National Association in Los Angeles, California, or its successor in trust (the
"Trustee"). Interest shall be calculated on the basis of a 360-day year, consisting of twelve 30-
day months. Both the principal of and interest on this Note shall be payable only to the
registered owner hereof as the same shall fall due; provided, however, no interest shall be
payable for any period after maturity during which the holder hereof fails to properly present this
Note for payment. If the Local Agency fails to pay this Note when due or the Credit Provider (as
defmed in the Resolution hereinafter described and in that certain Indenture of Trust, dated as of
July I, 2006 (the "Indenture"), by and between the California Statewide Communities
Development Authority and Wells Fargo Bank National Association, as trustee), if any, is not
reimbursed in full for the amount drawn on or paid pursuant to the Credit Instrument (as defmed
in the Resolution and the Indenture) to pay all or a portion (including the interest component, if
applicable) of this Note on the date of such payment, this Note shall become a Defaulted Note
(as defmed in the Resolution and the Indenture and with the consequences set forth in the
Resolution and the Indenture, including, without limitation, that this Note as a Defaulted Note
(and any related reimbursement obligation with respect to a credit instrument) shall bear interest
at the Default Rate, as defmed in the Indenture).
It is hereby certified, recited and declared that this Note represents the authorized
issue of the Note in the aggregate principal amount authorized, executed and delivered pursuant
VIfmore than one Series of Bonds is issued under the Program in Fiscal Year 2006-2007 and if the Note
is pooled with notes issued by other Issuers (as defined in the Resolution).
DOCSLAU!7863.!
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to and by authority of certain resolutions of the Local Agency duly passed and adopted
heretofore, under and by authority of Article 7.6 (commencing with Section 53850) of Chapter 4,
Part I, Division 2, Title 5 of the California Government Code (collectively, the "Resolution"), to
all of the provisions and limitations of which the owner of this Note, by acceptance hereof,
assents and agrees.
.
The principal of the Note, together with the interest thereon, shall be payable from
taxes, income, revenue, cash receipts and other moneys which are received by the Local Agency
for the general fund of the Local Agency and are attributable to Fiscal Year 2006-2007 and
which are available for payment thereof. As security for the payment of the principal of and
interest on the Note, the Local Agency has pledged the first amounts of unrestricted revenues of
the Local Agency received on the last day of the Repayment Months (as defined in the
Resolution) identified in the Pricing Confirmation (as defmed in the Resolution) (and any
amounts received thereafter attributable to Fiscal Year 2006-2007) until the amount on deposit in
the Payment Account (as defined in the Resolution) in each such month, is equal to the
corresponding percentages of principal of and interest due on the Note as set forth in the Pricing
Confirmation (such pledged amounts being hereinafter called the "Pledged Revenues"), and the
principal of the Note and the interest thereon shall constitute a first lien and charge thereon and
shall be payable from the Pledged Revenues, and to the extent not so paid shall be paid from any
other moneys of the Local Agency lawfully available therefor as set forth in the Resolution. The
full faith and credit of the Local Agency is not pledged to the payment of the principal of or
interest on this Note.
The Local Agency and the Trustee may deem and treat the registered owner
hereof as the absolute owner hereof for the purpose of receiving payment of or on account of
principal hereof and interest due hereon and for all other purposes, and the Local Agency and the
Trustee shall not be affected by any notice to the contrary.
DOCSLAl:517863.1
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It is hereby certified that all of the conditions, things and acts required to exist, to
have happened and to have been perfonned precedent to and in the issuance of this Note do exist,
have happened and have been perfonned in due time, fonn and manner as required by the
Constitution and statutes of the State of California and that the amount of this Note, together
with all other indebtedness of the Local Agency, does not exceed any limit prescribed by the
Constitution or statutes of the State of California.
IN WITNESS WHEREOF, the Legislative Body of the Local Agency has caused
this Note to be executed by the manual or facsimile signature of a duly Authorized
Representative of the Local Agency and countersigned by the manual or facsimile signature of
the Secretary or Clerk of the Legislative Body as of the date of authentication set forth below.
CITY OF CHULA VISTA
By:
Title:
Countersigned
By:
Title:
DOCSLAl:517863.1
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COUNCIL AGENDA STATEMENT
Item No.:
Meeting Date:
1
05/02/06
ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving
the Fifth Amendment to an agreement between the City of Chula Vista
and Marion B. Borg Environmental Consulting services related to
mitigation monitoring and reporting, preparation of environmental
documents and the coordination and oversight of the preparation of
environmental documents, and waiving the fo=al consultant selection
process.
SUBMITTED BY: Director of Planning and BUildin~
REVIEWED BY: City Manager ';I;/~ 1llf (4/5thsVote: Y~ No~
The item before the City Council is a request to approve the Fifth Amendment to an existing
contract with Marion B. Borg Environmental Consulting for environmental consulting
services for a fifteen month period. The Fifth Amendment is for an amount not to exceed
$146,000.
RECOMMENDATION:
That the City Council adopt the Resolution of the City Council of the City of Chula Vista
approving the Fifth Amendment to the agreement between the City of Chula Vista and
Marion B. Borg Environmental Consulting, and waive the fo=al consultant selection
process.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The continuing services of Marion B. Borg Environmental Consulting are needed for the
environmental processing and mitigation monitoring oversight of projects such as the
Eastlake Seniors Project, Otay Ranch Village 2, Championship Off Road Racing (CORR)
event series, Eastlake Land Swap Project, Otay Ranch Village 7, and San Miguel Ranch.
7-1
Page 2, Item No.:
Meeting Date: 05/02/06
1
Consultant Services
Marion B. Borg, Environmental Consulting
In October 2001, the City entered into a contract (Original Agreement) with Marion B. Borg
Environmental Consulting for the purpose of: a) mitigation monitoring to ensure applicant's
compliance with the California Environmental Quality Act for master planned community
projects, such as the San Miguel Ranch and EastLake; b) preparing environmental documents
such as initial studies, negative declarations and mitigated negative declarations for projects
in eastern Chula Vista; and c) providing oversight and coordination of environmental
documents such as Environmental Impact Reports for eastern Chula Vista master planned
community proj ects.
Since the original agreement, there have been four contract amendments corresponding to
each fiscal year. The work has varied, but all assignments have been associated with a
developer deposit account so the City has received full reimbursement for all the consultant's
activities.
Ms. Borg worked as an hourly City employee from May, 2000 until October 2001,
whereupon the City contracted for her services in an effort to accommodate her personal
needs. During her brief period as an hourly employee, Ms. Borg proved herself to be a very
efficient and competent professional. In the following four years as a consultant for the City,
Ms. Borg has established herself as an integral part of the Environmental Planning section,
and the City wishes to maintain this working partnership into the future.
The consultant has only raised billing rates one time since the original agreement in October
2001. That increased occurred with the fourth amendment, but at that time staff did not
increase the total amount of the annual purchase order to match the billing increase. This
contract amendment is adding $30,000 to the consultant's FY 2006 purchase order, to bring
the total to $116,000, and will include the same total amount for the consultant's FY 2007
purchase order.
Waive the Formal Consultant Selection Process
Marion B. Borg Consulting is a sole proprietor, and Ms. Borg has worked exclusively on
City projects since the inception of the original contract with the City in 2001. Ms. Borg has
performed as an extension of staff and has performed her tasks in a professional and
satisfactory manner. Due to her familiarity with the City and City processes, and due to the
absence of the need to train Ms. Borg in these processes, the City would be materially better
served by waiving the formal consultant selection process.
FISCAL IMPACT:
No appropriation from the General Fund is requested. Funding for all services has been and
will continue to be completely covered by developer deposit reimbursements, and both
7-2
Page 3, Item No.: ~
Meeting Date: 0 /02/06
expenditures and revenues are included in the FY 2006 and 2007 Planning & Building
Department operating budget.
The proposed Fifth Amendment will add $146,000 to the total services provided to the City
by the Consultant and cover services to be provided through June 30, 2007. The original
contract and four subsequent amendments have totaled $381,700 over four and-a-half years.
If approved, this amendment would bring the total services to $527,700 over five and-a-half
years.
Attachments
1. Original Contract with Marion B. Borg Environmental Consulting dated October 2001 as
amended by the First Amendment, Second Amendment, Third Amendment, and Fourth
Amendment to the Agreement between the City of Chula Vista and Marion B. Borg
Environmental Consulting.
2. Fifth Amendment to Agreement between the City of Chula Vista and Marion B. Borg
Environmental Consulting.
J:\Planning\Marilyn\Cootracts\A113 Borg Fifth Amendment r2.doc
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;41/AC H-M EN I :t-
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Marion B. Borg Environmental Consulting
For Environmental Consulting Services
This agreement ("Agreement"), dated , for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business fo= is set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business fo= is set forth on Exhibit
A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the expertise of an Environmental Consultant is necessary and requires the
hiring of a Consultant; and
WHEREAS, the Consultant is currently on the City's list of certified environmental
consultants; and
WHEREAS, implementation of the Planning & Building Department's work plan
necessitates the expertise of an environmental consultant and requires the hiring of an
environmental consultant; and
WHEREAS, the Consultant has demonstrated the ability to perfo= mitigation
monitoring, and the preparation of environmental documents while working as a Temporary
Expert Professional for the City of Chula Vista; and
WHEREAS, the Consultant is uniquely familiar with the City's environmental process
and procedures; and
WHEREAS, it is in the City's best interest to waive the City's fo=al bidding process as
well as impractical, in that the City is in immediate need of an experienced environmental
consultant; and
WHEREAS, the Consultant, is uniquely qualified to serve as the Consultant for this
contract based on the fi='s experience and expertise with environmental impact assessment,
resource management and mitigation monitoring within this region.
9/26/01
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WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures; and
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time rrames herein provided all in accordance with the terms and conditions of this
Agreement.
NOW, TIffiREFORE, BE IT RESOLVED that the City and Consultant. do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the servIces described on the attached Exhibit A,
Paragraph 7, entitled "General Duties".
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perfonn all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time rrames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time rrames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to tenninate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request rrom Consultant, rrom time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perfonn additional consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perfonn same on a tim~ and materials basis at the rates set forth in
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the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise
agreed upon. All compensation for Additional Services shaH be paid monthly as billed.
E. Standard of Care
Consultant, in perforining any Services under this agreement, whether Defined Services
or Additional Services, shaH perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk ofIoss by the
foHowing insurance coverages, in the foHowing categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
as an Additional Insured, and which is primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage
(1) Certificates ofInsurance.
Consultant shaH demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
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Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager.
H. Security for Performance
(I) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the
City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager
or City Attorney which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City
an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to
the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms
of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph entitled "Other Security"),
then Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of
the Defined Services and Schedule therein contained, and to provide direction and guidance to
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".
achieve the objectives of this agreement. The City shal1 permit access to its office facilities, files
and records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and
with the further understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shal1 constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
B. Compensation
Upon receipt of a properly prepared bil1ing from Consultant submitted to the City
periodical1y as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shal1 compensate
Consultant for al1 services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
Al1 billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable thereunder
is proper, and shall specifically contain the City's account number indicated on Exhibit A,
Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term
This Agreement shal1 terminate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a reasonable amount to compensate
for delay.
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Fai]ure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
consultant shal] pay to the City, or have withheld :trom monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph ]4 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shal] be requested in writing to the City's Contract Administrator, or designee, prior to
the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the work.
6. Financia] Interests of Consultant
A. Consultant is Designated as an FPPC Fi]er
IfConsu]tant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consu]tant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph] 5 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate
Regard]ess of whether Consultant is designated as an FPPC Fi]er, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Fi]er, Consultant warrants
and represents that Consultant has di]igently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Po]itical
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests
Regard]ess of whether Consultant is designated as an FPPC Fi]er, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
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E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant leams of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles ITom the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term of
this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to
be the result of the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for
whom Consultant is legally responsible in connection with the execution of the work covered by
this Agreement, except only for (i) those claims, damages, liability, costs and expenses
(including without limitation, attorney fees) arising from the sole negligence or sole willful
misconduct of the City its officers, employees, or (ii) with respect to losses arising ITom
Consultant's professional errors or omissions, those claims arising from the negligence or willful
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misconduct of City its officers, employees. Consultant's indemnification shall include any and
all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or
employees in defending against such claims, whether the same proceed to judgment or not.
Consultant's obligations under this Section shall not be limited by any prior or subsequent
declaration by the Consultant. Consultant's obligations under this Section shall survive the
termination of this Agreement.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of the
City, and Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective date of Notice
of Termination, not to exceed the amounts payable hereunder, and less any damages caused City
by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions ofthis agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is terminated by City as provided in
this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
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11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment of
the portions of the Defmed Services identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the sole
and exclusive property of City. No such materials or properties produced in whole or in part
under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in
the United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of the
Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose ofresolving any dispute over the terms of this Agreement.
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15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shal1 be entitled to a judgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party" shaIl be deemed to be the party
who is awarded substantial1y the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or partlcIpates in the
preparation of a report or document in perfornIing the Defined Services, Consultant shaIl include,
or cause the inclusion of, in said report or document, a statement of the numbers and cost in
doIlar amounts of al1 contracts and subcontracts relating to the preparation of the report or
document.
17. MisceIlaneous
A. Consultant not authorized to Represent City
Unless specifical1y authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. Al1 notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personal1y served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody fue entire Agreement and understanding between the parties relating to fue
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
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modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City ofChula Vista.
[end of page. next page is signature page.]
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.
Signature Page
to
Agreement between City of Chula Vista and Marion B. Borg Environmental Consulting
for
environmental consulting services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
,2001
City of Chula Vista
,...
by:~4!f2. ~
David D. Rowlands, Jr.
City Manager
Attest:
- --? L.LJ.~'<g' .....tID-
-
Susan Bigelow, City Clerk
Approved as to form:
o:U'~ C-&U~
JoHfi. eny, City A mey
Dated: 7/02'1-/0/
I I
Marion B. Borg Enviornrnental Consulting
By~I3.~~
Marion B. Borg, Owner
Exhibit List to Agreement
(X) Exhibit A.
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Exhibit A
to
Agreement between
City of Chula Vista
and
Marion B. Borg Environmental Consulting
1. Effective Date of Agreement: October 5, 2001
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
form]
, a [insert business
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Marion B. Borg Environmental Consulting.
5. Business Form of Consultant:
(X) Sole Proprietorship
( ) Partnership
( ) Corporation
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6. Place of Business, Telephone and Fax Number of Consultant:
16 I 10 Country Day Road
Poway, CA 92064
Telephone (858) 676-7987; Fax Number (858) 676-0646
7. General Duties: Under the direction of the Environmental Review Coordinator Marion B.
Borg Environmental Consulting will function as an Environmental Consultant acting as an
extension of the Environmental Review Section staff on various projects.
8. Scope of Work and Schedule:
A. Detailed Scope of Work: The primary responsibility of the Environmental
Consultant will be to provide environmental review and assessment support to City staff
pertaining to environmental projects as identified and approved by the Environmental
Review Coordinator. At the direction of City staff, tasks will include but are not limited
to:
a. Mitigation Monitoring: Verification of Applicant's compliance with the San
Miguel Ranch Final EIR (EIR 97-02) Mitigation Monitoring and Reporting
Program (MMRP) and associated agreements as they relate to the MMRP
including but not limited to review of grading plans, improvement plans,
revegetationlhabitat enhancement plans and Final Maps; preparation of
environmental documents (i.e., Initial Studies, Negative Declarations/
Mitigated Negative Declarations and Addendums) necessary for the
implementation of the San Miguel Ranch Sectional Planning Area (SPA) plan,
site visits, meetings with the applicant, team meetings and any other activity
deemed necessary by the Environmental Review Coordinator to assure
Applicant's compliance with the FSEIR for San Miguel Ranch (EIR 97-02);
and
b. Preparation of Environmental Documents: As deemed necessary by the
Environmental Review Coordinator, preparation of environmental documents
including Initial Studies, Negative Declarations, Mitigated Negative
Declarations and Addendums to previously prepared documents for projects
within, but not limited to the Planned Communities located in Eastern Chula
Vista including the Otay Ranch and EastLake; and
c. Coordination and Oversight of the Preparation of Environmental Documents:
As directed by the Environmental Review Coordinator, coordinate the
preparation of City environmental documents such as Environmental Impact
Reports and Supplemental Environmental Impact Reports including
preparation of Notices of Preparation, review of screen check drafts,
coordination of public review of documents, preparation of staff reports to
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Planning Commission and City Council, review of draft Findings of Fact and
any necessary statements of overriding considerations and mitigation
monitoring reporting program related to the environmental document.
All tasks associated with this contract shall be coordinated with and have prior
authorization by the Environmental Review Coordinator who will be overseeing
administration of the contract. All work performed by the environmental Consultant shall
be performed to the satisfaction of the City's Environmental Review Coordinator.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver abies: N/A
Deliverable No. I:
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services: April I , 2002
9. Insurance Requirements:
() Statutory Worker's Compensation Insurance
() Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant: All applicable previous
environmental documentation the Environmental Review Coordinator deems relevant to each
assigned task for each proj ect.
II. Compensation:
A. () Single Fixed Fee Arrangement.
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For performance of all of the Defined Services by Consultant as herein required, City
shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables
set forth below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as
are separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall
not commence Services under any Phase, and shall not be entitled to the compensation for a
Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
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( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amoUht or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
F or performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
(1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of Consultant
for $49,500.00 including all Materials, and other "reimbursables" ("Maximum
Compensation").
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
$49,500 ("Authorization Limit"), Consultant shall not be entitled to any additional
compensation without further authorization issued in writing and approved by the
City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
9/26/01
J:\Planning\MARIL YN\MBBContractrevised.doc
Page 17
7-20
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Project Manager
Marion B. Borg
$90.00
(X) Hourly rates may increase annually by 3% for services rendered after January 2002.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Cost or Rate
(X) Reports, not to exceed $
(X) Copies, not to exceed $
(X) Travel, not to exceed $
(X) Printing, not to exceed $
(X) Postage, not to exceed $
(X) Delivery, not to exceed $
( ) Long Distance Telephone Charges,
not to exceed $
(X) Other Actual Identifiable Direct Costs:
not to exceed $
Cost + 15%
Cost + 15%
$0.32/mile
Cost + 15%
Cost + 15%
Cost + 15%
N/A
Cost +15%
13. Contract Administrators:
City: Marilyn R.F. Ponseggi, Environmental Review Coordinator
Consultant: Marion B. Borg, Marion B. Borg Environmental Consulting
14. Liquidated Damages Rate: N/A
( )$_perday.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
( X) Not Applicable. Not an FPPC Filer.
9/26/01
J:\Planning\MARJ L YN\MBBContractrevised.doc
Page 18
7-21
( ) FPPC Filer
( ) Category No. 1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
( ) Category NO.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
of real property.
( ) Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any: None
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants: None
18. BiI1 Processing:
A. Consultant's BilIing to be submitted for the folIowing period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's BilIing:
9/26/01
J :\Planning\MARI L YN\MBBContractrevised.doc
Page 19
7-22
(X) First of the Month
( ) 15th Day of each Month
( ) End ofthe Month
( ) Other:
C. City's Account Number: To be assigned after agreement is processed
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of Ail Consultant Services to the satisfaction of the
Environmental Review Coordinator.
( ) Other:
9/26/01
J:\P!anning\MARI L YN\MBBContractrevised.doc
Page 20
7-23
.
.\'. -;~.-
. .
SECOND AMENDMENT
To the Agreement between the City of ChuIa Vista and
Marion B. Borg Environmental Consulting
For Environmental Consulting Services
Recitals
This Second Amendment is effective as of~bY and between the City of ChuIa Vista
("City'') and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the
fonowing facts:
WHEREAS, City and Consultant previously entered into an agreement on October 5,
2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental
documents and coordinate and oversee the preparation of other environmental documents
("Original Agreement"); and
WHEREAS, City and Consultant previously entered into a First Amendment to the
Original Agreement on April 2, 2002 to continue environmental consulting services specified in
the Original Agreement; and
WHEREAS, the workload has continued and professional environmental consulting
services continue to be needed; and
WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula
Vista and experience acting as an extension of the Environmental Review Section staff on
various projects; and
WHEREAS, a11 work performed by Consultant has been performed to the satisfaction of
the City's Environmental Review Coordinator;
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as fonows:
1. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of a11
Consultant Services, is hereby amended to read as fo11ows:
June 30. 2004
2. Exhibit A, item llC (1) of the Original Agreement, entitled Compensation, IS hereby
amended to read as fo11ows:
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant win perform a11 of the
defined services herein required of Consultant rrom the date of this Second Amendment to
/2 1::H4
a-:'-y')'.;..,::)."il
June 30, 2004, for $86,000 including all Materials, and other "reimburseables" ("Maximum
Compensation").
3. All other terms and conditions of the Original Agreement and First Amendment not
specifically modified by tlris Second Amendment shall remain in full force and effect.
SIGNATURE PAGE
TO SECOND AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG
ENVIRONMENTAL CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES
IN WITNESS THEREOF, City and Consultant have executed tlris Second Amendment to
the Agreement thereby indicating that they have read and understood same, and indicate their
full and complete consent to its terms:
::y~~~
Stephen CIPadlla, Mayor
Marion B. Borg Environmental Consulting
By:7A~~h~
Marion B. Borg
D,w', ~cf1
Approved as to form:
~'?:
~
Dated: r ?I" .;J.<'JQ~
I
~MC~
Ann e, CIty Attorney
J:\Planning\MARNIB\templates\contractamdmtMBB.doc
J 1':"253:z...
FIRST AMENDMENT
to the Agreement between the City of Chula Vista and
Marion B. Borg Environmental Consulting
For Environmental Consulting Services
Recitals
This First Amendment is effective as of April 2, 2002 by and between the City of Chula Vista
("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the
following facts:
WHEREAS, City and Consultant previously entered into an agreement on October 5,
2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental
documents and coordination and oversee the preparation of other environmental documents
("Original Agreement"); and
WHEREAS, Exhibit A, item 3D required Consultant to complete all services by April 1,
2002; and
WHEREAS, Exhibit A, item llC required Consultant to complete all services for
$49,500 including all materials, and other "reimbursable" ("Maximum Compensation"); and
WHEREAS, the workload has continued and professional environmental consulting
services continue to be needed; and
WHEREAS, Consultant is uniquely qualified due to previous work in this project area
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all
Consultant Services, is hereby amended to read as follows:
June 30, 2003
2. Exhibit A, item llC (1) of the Original Agreement, entitled Compensation, IS hereby
amended to read as follows:
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
defined services herein required of Consultant for $74,260 including all Materials, and other
"reimbursables" ("Maximum Compensation").
7-26
1
-:J .~
'L,)aJd - di ~
3. All other tenns and conditions of the Original Agreement not specifically modified by this
First Amendment shall remain in full force and effect.
SIGNATURE PAGE
TO FIRST AN1ENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
MARlON B. BORG ENVIRONMENTAL CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES
IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to
the Agreement thereby indicating that they have read and understood same, and indicate their
full and complete consent to its tenns:
City of Chula Vista
Marion B. Borg Environmental Consulting
By:
Shirley Ho
v
B~x-d 4r
Marion B. Borg
Dated:
Dated:
r'}/Id;/Od--
Approved as to fonn:
cr::~(m( ~
John aheny,CliyAttorn
J:\Planning\Rosemarie\Jim\Mami Contract. doc
7-27
2
THIRD AMENDMENT
To the Agreement between the City of Chula Vista and
Marion B. Borg Environmental Consulting
For Environmental Consulting Services
Recitals
This Third Amendment is effective as of 7/1/2004 by and between the City of Chula Vista
("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the
following facts:
WHEREAS, City and Consultant previously entered into an agreement on October 5,
2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental
documents and coordinate and oversee the preparation of other environmental documents
("Original Agreement"); and
WHEREAS, City and Consultant previously entered into a First Amendment to the
Original Agreement on April 2, 2002 and a Second Amendment on July 8, 2003 to continue
environmental consulting services specified in the Original Agreement; and
WHEREAS, the workload has continued and professional environmental consulting
services continue to be needed; and
WHEREAS, Consultant is uniquely qualified due to work experience in the City ofChula
Vista and experience acting as an extension of the Environmental Review Section staff on
various projects; and
WHEREAS, all work performed by Consultant has been performed to the satisfaction of
the City's Environmental Review Coordinator;
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all
Consultant Services, is hereby amended to read as follows:
June 30. 2005
2. Exhibit A, item lIC (I) of the Original Agreement, entitled Compensation, IS hereby
amended to read as follows:
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
defmed services herein required of Consultant from the effective date of this Third
7-28
. .-;:;, )-00-/:719' ("'
Amendment to June 30, 2005, for $86,000 including all Materials, and other
"reimburseables" ("Maximwn Compensation").
3. All other tenns and conditions of the Original Agreement and First Amendment and Second
Amendment not specifically modified by this Third Amendment shall remain in full force
and effect.
C:\Word\Word\Contracts\2ptyBorg Amend 3.doc
7-29
SIGNATURE PAGE
TO THIRD AMENDMENT TO
TIm AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG
ENVIRONMENTAL CONSULTING
FOR ENVIRONMENT AL CONSULTING SERVICES
IN WITNESS THEREOF, City and Consultant have executed this Third Amendment to
the Agreement thereby indicating that they have read and understood same, and indicate their
full and complete consent to its terms:
By:
Vid~
Marion B. Borg Environmental Consulting
C. Padilla, Mayor
By: ~UALD~
Marion B. Borg
Dated:
~~/7/lft:eJi
Dated: UAL~ ~ c2tJlJ'1
I
I
Approved as to form:
f!
v "'-
Moore, City Attorney
C:\Word\Word\Contracts\2ptyBorgAmend 3.doc
7-30
FOURTH AMENDMENT
To the Agreement between the City of Chula Vista and
Marion B. Borg Environmental Consulting
For Environmental Consulting Services
Recitals
This Fourth Amendment is effective as of 7/1/2005 by, and between the City of Chula Vista
("City") and Marion B. Borg Environmental ConsultiJg ("Consultant"), with reference to the
following facts: ~.
WHEREAS, City and Consultant previously entered into an agreement on October 5,
2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental
documents and coordinate and oversee the preparation of other environmental documents
("Original Agreement"); and
WHEREAS, City and Consultant previously entered into a First Amendment to the
Original Agreement on April 2, 2002, a Second Amendment on July 8, 2003 and a Third
Amendment on September 14, 2004 to continue environmental consulting services specified in
the Original Agreement; and
WHEREAS, the workload has continued and professional environmental consulting
services continue to be needed; and
WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula
Vista and experience acting as an extension of the Environmental Review Section staff on
various projects; and
WHEREAS, all work performed by Consultant has been performed to the satisfaction of
the City's Environmental Review Coordinator;
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all
Consultant Services, is hereby amended to read as follows:
June 30. 2006
2. Exhibit A, item lIC (1) of the Original Agreement, entitled Compensation, IS hereby
amended to read as follows:
Notwithstanding fue expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
defined services herein required of Consultant from the effective date of this Fourth
7-31
/-"2 \ _./)('- """)J.. Y
Amendment to June 30, 2006, for $86,000 including all Materials, and other
"reimburseables" ("Maximum Compensation").
3. Exhibit A, item llC of the Original Agreement, entitled Compensation Rate Schedule is
hereby amended to read as follows:
Hourly Rate
$95.00
4. Exhibit A, item 12 of the Original Agreement, entitled Materials Reimbursement
Arrangement, is hereby amended to read as follows:
(X) Travel, not to exceed $0.40/mile
5. All other terms and conditions of the Original Agreement and First Amendment and Second
Amendment and Third Amendment not specifically modified by this Fourth Amendment
shall remain in full force and effect.
C:\Documents and Settings\MarniB\Local Settings\Temporary Internet ry.Q'S~14\2ptyBorg Amend 4.doc
SIGNATURE PAGE
TO FOURTH AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG
ENVIRONMENTAL CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES
IN WITNESS THEREOF, City and Consultant have executed this Fourth Amendment to
the Agreement thereby indicating that they have read and understood same, and indicate their
full and complete consent to its terms:
:~
Stephen C. Padilla, Mayor
D"'" ~r- .)u~
Marion B. Borg Environmental Consulting
By: --I'll it 'iA..A-1... ;3. If;~
Marion B. Borg
Dated:
':f /02 iJ /0 5"
~ "
Approved as to form:
Af~
C\Documents and Settings\MamiB\Local Settings\Temporary Internet FJ1~'9t3<.J4\2ptyBorg Amend 4.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIFTH AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
MARION B. BORG ENVIRONMENTAL CONSULTING
SERVICES RELATED TO MITIGATION MONITORING AND
REPORTING, PREPARATION OF ENVIRONMENTAL
DOCUMENTS AND THE COORDINATION AND OVERSIGHT
OF THE PREPARATION OF ENVIRONMENTAL
DOCUMENTS, AND WAIVING THE FORMAL CONSULTANT
SELECTION PROCESS
WHEREAS, in October 2001, the City entered into an agreement with Marion B.
Borg Environmental Consulting ("Consultant") for environmental consulting
services related to the California Environmental Quality Act; and
WHEREAS, this Council has approved and the City and Consultant have agreed
to four subsequent contract amendments; and
WHEREAS, the projects that Consultant would be assigned to are time-sensitive
and environmental processing delays would be detrimental to the City of Chula
Vista; and
WHEREAS, based upon Consultant's intimate knowledge of these projects, and
satisfactory performance on numerous complex and time-sensitive projects to
date, the City will receive continuity of environmental services which are in the
City's best interests; and
WHEREAS, approval of the Fifth Amendment would enable the City to meet the
environmental processing demands of important projects on schedule.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista approves the Fifth Amendment to the Agreement between the City of Chula
Vista and Marion B. Borg Environmental Consulting Services related to mitigation
monitoring and reporting, preparation of environmental documents and the
coordination and oversight of the preparation of environmental documents, a
copy of which shall be kept on file in the City Clerk's
office.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
waives the formal consultant selection process.
7-34
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
authorizes the Mayor of the City of Chula Vista to execute the Fifth Amendment
on behalf of the City of Chula Vista.
Presented by
Approved as to form by
~.~
J. D. Sandoval
Planning & Building Director
Ann Moore
City Attorney
J:\Planning\Marilyn\Contracts\Borg Fifth Reso.doc
7-35
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: ~. ~
FIFTH AJ\IIENDMENT TO THE AGREEMENT
WITH MARION B. BORG ENVIRONMENTAL CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES
7-36
FIFTH AMENDMENT
To the Agreement between the City of Chula Vista and
Marion B. Borg Environmental Consulting
For Environmental Consulting Services
Recitals
This Fifth Amendment is effective as of 4/1/2006 by and between the City of Chula Vista
("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the
following facts:
WHEREAS, City and Consultant previously entered into the original agreement on
October 5, 2001 whereby Consultant was to provide mitigation monitoring services, prepare
environmental documents and coordinate and oversee the preparation of other environmental
documents ("Original Agreement"); and
WHEREAS, City and Consultant previously entered into a First Amendment to the
Original Agreement on April 2, 2002, a Second Amendment on July 8, 2003, a Third
Amendment on September 14, 2004 and a Fourth Amendment on July 1, 2005 to continue
environmental consulting services specified in the Original Agreement; and
WHEREAS, the workload has continued and professional environmental consulting
services continue to be needed; and
WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula
Vista and experience acting as an extension of the Environmental Review Section staff on
various projects; and
WHEREAS, all work performed by Consultant has been performed to the satisfaction of
the City's Environmental Review Coordinator;
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all
Consultant Services, is hereby amended to read as follows:
June 30. 2007
2. Exhibit A, item lIC (1) of the Original Agreement, entitled Compensation, IS hereby
amended to read as follows:
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
defined services herein required of Consultant from the effective date of this Fifth
7-37
Amendment until June 30, 2007, for $146,000 including all Materials, and other
"reimburseables" ("Maximum Compensation").
3. All other terms and conditions of the Original Agreement as amended by the First
Amendment and Second Amendment and Third Amendment and Fourth Amendment not
specifically modified by this Fifth Amendment shall remain in full force and effect.
J :\Planning\MARIL YN\Contracts\2ptyBorg Fifth Amend.doc
SIGNATURE PAGE
TO FIFTH AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG
ENVIRONMENTAL CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES
IN WITNESS THEREOF, City and Consultant have executed this Fifth Amendment to
the Agreement thereby indicating that they have read and understood same, and indicate their
full and complete consent to its terms:
City of Chula Vista
Marion B. Borg Environmental Consulting
By:
Stephen C. Padilla, Mayor
,"
By:'-/K (U.A-,"[ f) f,J';j_
Marion B. Borg_
Dated:
Dated:
-yJy~!O (
I I
Approved as to form:
Ann Moore, City Attorney
J:\Planning\MariIyn\Contracts\2ptyBorg Fifth Amend.doc
J:\Planning\MARlL YN\Contracts\2ptyBorg Fifth Amend.doc
7-39
COUNCIL AGENDA STATEMENT
Item: 15
Meeting Date: 5/2/06
ITEM TITLE:
PUBLIC HEARING: TO NOTICE ACCEPTANCE AND
APPROPRIATION OF FY 2005/2006 STATE COPS
SUPPLEMENTAL LAW ENFORCEMENT SERVICES
FUND.
REVIEWED BY:
RESOLUTION ACCEPTING $313,889 FROM
THE STATE COPS SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUND AND
APPROPRIATING FUNDS THEREFORE.
Chief of POII'~
City ManagerjJ ~ (4/5ths Vote: Yes_No .LJ
SUBMITTED BY:
The Police Department has been awarded $313,889 through the Supplemental
Law Enforcement Services Fund (SLESF). These State funds were allocated to
the Police Department for purposes stipulated by the Citizens' Option for Public
Safety (COPS) Program. Acceptance and appropriation of these funds requires
a public hearing per stipulations of the State COPS Program.
RECOMMENDATION:
Staff recommends that the City Council continue this item to the May 9, 2006
Council meeting.
g
COUNCIL AGENDA STATEMENT
Item No.: ~
Meeting Date: O~/O?/01i
ITEM TITLE:
PUBLIC HEARING: Consideration of a Conditional Use Pennit (PCC-
06-054) for Four (4) Championship Off-Road Racing (CORR) event
weekends in 2006. The race weekends are proposed for May 20-21, July
22-23, September 23-24, and October 21-22, 2006. The proposed off-road
racing events will be located on a portion of Otay Ranch Village Two,
located south of Olympic Parkway, east of the Otay Landfill and west of
La Media Road - James Baldwin, owner of Championship Off-Road
Racing (CORR).
SUBMITTED BY:
RESOLUTION: Resolution of the City Council of the City of Chula
Vista adopting the Mitigated Negative Declaration and Mitigation and
Monitoring Program, IS-06-017, and granting a Conditional Use Pennit,
PCC-06-054, to allow off-road racing events on a portion of Otay Ranch
Village Two, located south of Olympic Parkway, east of the Otay landfill,
and west of La Media Road - James Baldwin, owner of Championship
Off-Road Racing (CORR)
Director ofPl~5and BUilding~
City Manager "'(1/.0 PK (4/Sths Vote: Yes _ No ---X...)
REVIEWED BY:
James Baldwin, owner of Championship Off-Road Racing (CORR), has applied for a
Conditional Use Permit for four (4) temporary off-road racing events. These events would be
similar to two (2) racing event weekends conducted in Fall 2005. Race days will be Saturdays
and Sundays with events scheduled from 7:00 a.m. - 7:00 p.m. Actual races will occur between
10:30 a. m. and over by 3 p.m. The sale of alcoholic beverages is requested during the races until
prior to the last race. On the Fridays before race day events, the racetrack will be open from 10
a.m. - 4:00 p.m. for practice and qualifying for races. The site plan proposes grandstands for
spectators with a seating capacity for 12,000 persons. The open field parking lot areas will
provide approximately 7,440 parking spaces. A fee will be required at the entrance for parking
separate from the admission ticket. A 14.3-acre camping area will provide up to 500 overnight
camping spots for spectators, in addition to the pit area campgrounds for racing teams.
RECOMMENDATION: Staff recommends that the City Council adopt a resolution approving
Conditional Use Pennit PCC-06-054 in accordance with the findings and subject to the
conditions contained therein.
BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission met on April
19,2006 and voted 3-1-1 to recommend approval of the Conditional Use Pennit. However, the
motion failed for the lack of a majority vote of the Commission and the applicant has requested
the project come forward for City Council consideration.
9-1
Page 2, Item: ~
Meeting Date: O~/O)/01i
The Resource Conservation Committee's (RCC) motion to recommend that the RCC find the
initial study adequate and recommend that the Mitigated Negative Declaration be adopted failed
by a vote of (1-4-0-1). Therefore, the RCC did not recommend adoption of the Mitigated
Negative Declaration at their March 27,2006 meeting.
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act and has
conducted an Initial Study, IS-06-017 in accordance with the California Environmental Quality
Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has
determined that the project could result in significant effects on the environment. However,
revisions to the project made by or agreed to by the applicant would avoid or mitigate the effects
to below significance; therefore, the Environmental Review Coordinator has prepared a
Mitigated Negative Declaration, IS-06-017.
DISCUSSION:
1. Project Background
A portion of the project site was previously graded as a soil borrow site for the construction of
Olympic Parkway. The south parking lot area designated for overflow parking is located within
a portion of Village Four, southeast of Wolf Canyon. This area was approved as a soil borrow
site as part of the Village Seven SPA and Tentative Maps on October 12, 2004 and has been
graded.
The project site is located within the planning area of the Village Two and Four (portion) SPA
Plan and Village Two Tentative Map currently in the review process with the City. Otay Ranch
Village Two will become the largest of the residential villages in Otay Ranch. It is anticipated
that the Otay Ranch Villages Two and Four (portion) Draft Subsequent Environmental Impact
Report (SEIR #02-02) and SPA Plan will be presented in public hearings scheduled for April and
May 2006.
The proposed project site was previously used for off-road racing activities in September and
October 2005 that were approved by the Planning Commission in July 2005 and the City Council
in August 2005. A Mitigated Negative Declaration (IS-04-023) was prepared for the Conditional
Use Permit (PCC-05-067) that was approved at that time.
Those documents discussed the potential environmental and land use impacts of the 2005 CORR
events, such as air and water quality, public services, transportation/traffic, hazards, and
hazardous materials. The previous MND (IS-04-023) addressed grading and use of the site for
the racetrack and the associated activities including on-site parking, spectator and food stands,
portable restrooms, pit areas, awards ceremony and live music.
9-2
Page 3, Item:
Meeting Date: O~/O?/On
q
2. Project Site Setting
The project site consists of harvested agricultural fields, a graded soil borrow site utilized by
previous developments in Otay Ranch, and previously graded areas associated with the approved
2005 CORR event. The project site is situated between two significant canyons: Poggi Canyon
located to the north, and Wolf Canyon, located to the south.
The race event area including the racetrack would be located on the site of the racing events that
were approved by the Planning Commission and City Council in July/August oflast year for the
two weekend events that occurred in September/October 2005 (Conditional Use Permit PCC-05-
067).
The 2005 racing events involved approximately 149 acres. A grading permit was issued in
August 2005 to prepare the track, the pit areas and the parking areas. This 2006 CORR proposal
would involve approximately 122 acres of the original I 49-acre site. The difference in acreage is
due to the fact that the "long track" has been eliminated from the event. Only the main "short"
racetrack will be utilized in the proposed race events. All other areas of the project site
previously utilized for the 2005 event will be part of the proposed 2006 event.
The nearest land uses include the Otay Ranch High School immediately north of the site;
developed residential uses in Village One located farther to the north (north of the existing
Olympic Parkway), existing residential uses in Village Six east of La Media Road, and
residential uses under construction in Village Seven south of Birch Road. The Otay Landfill is to
the south and to the west.
3. General Plan Land Use and Zoning
The site is located within the Otay Ranch General Development Plan (GDP). The proposed
project site is within a portion of Otay Ranch Villages Two and Four as shown on the General
Plan land use diagram and the Otay Ranch GDP land use map. The General Plan and Otay
Ranch GDP identifies conceptual development, circulation and open space as land use
components within each of the square mile land areas that are mapped and planned to incorporate
the village concept.
The General Plan and the Otay Ranch GDP documents state that each village in Otay Ranch will
be developed in accordance with a Sectional Planning Area (SPA) Plan, which will outline
specific development standards and regulations. However, specific Planned Community District
Regulations have not yet been adopted as part of the future SPA Plan for Villages Two and Four,
and the current zoning for the entire site is Planned Community (PC).
The proposed racing event activities can be conditionally permitted within the Planned
Community (PC) Zone, through Zoning Code (19.54.020J-7). The proposed activity requires
that a conditional use permit be considered by the Planning Commission and approved by the
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City Council. As a temporary use, the racetrack will not require any amendments to the Chula
Vista General Plan, or the Otay Ranch GDP.
4. Project Description
.
The proposed project is a temporary event involving off-road racing on a portion of Otay Ranch
Villages Two and Four located south of Olympic Parkway, east of the Otay Landfill and west of
La Media Road. The off-road race event would occur on four weekends, May 20-21, July 22-23,
September 23-24 and October 21-22,2006 with practices held on the Fridays before the weekend
events. Up to seven races are expected each day of the event with six classes of vehicles
competing during the CORR: ATV Exhibition, Pro 2 (two-wheel drive), Pro 4 (four-wheel
drive), Pro Light, Single Buggy, and Super Buggy. Each race will last approximately 15 minutes.
As shown in the site plan (attached), the proposed project consists of a temporary racetrack,
standslbleachers for spectators, food areas, pit areas for race participants, a camping area, and
five onsite parking lots. The racetrack is located central to the site and activities. Spectator areas
would be located on the east, north and west sides of the track. Two pit areas would be provided
for race participants. The pit areas are where race vehicles and associated maintenance trailers
would be located. Two areas for VIP and additional race participant parking will be provided. A
14.3-acre overnight camping area is proposed to be located west of the main activity area. The
camping area will be of sufficient size to accommodate up to 500 event attendees.
One helicopter will fly over the racetrack, and will provide a live video stream and record each
race for the Speed Channel. The helicopter will avoid flyovers to the north, northeast and
northwest, over residential areas. The helicopter shall not enter a mapped "no fly zone." The
helicopter taping will be limited to a total airtime of 3.5 hours within a 24-hour time frame.
The sale of alcoholic beverages is requested for approval as part of this Conditional Use Permit
in conjunction with the required Alcohol and Beverage Control (ABC) permits. This will require
a waiver of Zoning Code (19.58.040). The Amusement and Entertainment Facilities use
requirements referenced to racetracks uses, which prohibits alcoholic beverages being sold or
consumed on the premises except in conjunction with a restaurant. Through the subject
conditional use permit the applicant is requesting permission to sell alcohol by food vendors.
The primary differences between the proposed CORR race events and the 2005 CORR race
events are as follows:
. The proposed events would be on four weekends with practices on the prior Friday (May
20-21, July 22-23, September 23-24 and October 21-22,2006. The 2005 CORR event
occurred on two weekends with practices on the prior Friday.
· There would be a fee for parking, whereas parking was free for the 2005 CORR event.
. Ticket prices will be lower than the previous event.
· Overnight camping will be allowed for up to 500 vehicles, whereas camping was not
previously permitted.
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. The racetrack wiIl only be comprised of the "short" track. The "long" track has been
eliminated. Thus, 122 acres of the l49-acre site used for the 2005 race events would be
utilized.
5. Staff Analysis
SitRPl::m:
The proposed site plan racetrack map shows that the long track extension from last year's events
has been eliminated and the number of grandstands in front of the short track has been reduced to
three. The pit areas for the race team participants would be behind the stands and between two
spectator areas.
There would be a 14.3-acre camping area serving up to 500 campsites, divided between a 4.4-
acre ADNVIP parking lot near the main entrance on Olympic Parkway serving 506 vehicles, and
a 26.7-acre general parking area at the end of the west access road (from Olympic Parkway) for
3,070 vehicles. There would also be an 8.2-acre secondary parking area at the end of the east
access road (from La Media Road at Birch Road) for 943 vehicles.
A total of 7,440 parking spaces wiIl be provided on-site in five designated parking lots. Two of
the parking lots would be on agricultural fields that have been mowed. By maintaining the hay
field roots, dust wiIl be minimized in these designated parking areas; however, watering of the
access driveways without gravel treatment and other parking areas will be required as a condition
of approval to minimize dust created from spectator vehicles.
Tr"ffic ('ontm]:
It is anticipated that the CORR event wiIl draw approximately 12,000 spectators per day.
Freeway access to the CORR event will be primarily from Olympic Parkway interchanges at [-
805 approximately four miles to the west, although the Telegraph Canyon Road interchange
could be used with direct access to the event from Heritage Road or La Media Road via
Telegraph Canyon Road. Entrances into the race area will be provided primarily from Olympic
Parkway at Heritage Road. The La Media RoadlBirch Road secondary entrance will be restricted
for VIP participants and ADA spectators.
For the proposed 2006 racing events, the applicant proposes to charge for parking and camping in
addition to the reserved and general admission ticketing for the race events. Race-event staff
members will be positioned to collect parking fees nearest to the parking areas and farthest from
public streets and provide for a spectator roundabout or turnaround in order to allow spectators to
leave the site. This would allow for maximum queuing on the on-site access roads and minimize
any potential for stacking of vehicles on adjacent City streets such as Olympic Parkway, La
Media Road, and Birch Road.
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The MND for the proposed project addresses traffic circulation and parking. Temporary
increases in traffic volumes on main access routes are expected on the event weekends.
However, this impact would be mitigated to below significance with the preparation of a traffic
control plan that would include, but not be limited to, a description of the signage, striping,
detours, flagging operations and other devices which will be used during events to guide
motorists safely to ingress locations from public roadways. The traffic control plan would also
include provisions for coordinating with local emergency service providers regarding event times
and measures for bicycle lane safety. The Traffic Control Plan will ensure that access and traffic
flow will be maintained, and that emergency access will not be restricted.
PlJh1i~ SHfp.ty:
The race event also has the potential to result in safety hazards associated with accidents during
the race events as well as the police control efforts associated with spectators and traffic control.
Therefore, there will be a temporary increase in demand for police and fire services. The
racetrack will be situated approximately 8-ft. below the grandstands, with 10,000-lb. concrete
barriers running along the entire frontage of the grandstand area. In addition, a 10- ft. high catch
fence with steel cables will run the entire length of the grandstand area to protect spectators.
The Fire Department will have a fully staffed brush engine dedicated to these racing events and
paid for by the applicant. The event security team will furnish the Fire Department and
Ambulance service a means for two-way radio communication during the races. An Emergency
Medical Plan prepared by the applicant's management team will need to be approved by the Fire
Department prior to the first races, as a condition of approval.
The Police Department will also require a Security Plan that shall address all issues regarding on-
site security, traffic, parking, and camping subject to the approval of the Police Chief. The
applicant's management team is meeting with the Police Department's Special Events & Special
Investigations Unit regarding the Security Plan.
The MND for the proposed project addressed public services and concluded that the temporary
increase in demand on police and fire services would be mitigated to below significance with
approval of the aforementioned Emergency Medical Plan and Security Plan. In addition,
perimeter fencing is required by the MND.
r"mping'
The applicant is proposing two spectator camping areas totaling l4.3-acres that would provide up
to 500 campsites. The Police Department is reviewing the proposal as part of its Security Plan
and will condition the campsite areas if approved. The camping areas would be lighted, prohibit
open fire pits, and the use of all-terrain vehicles (A TV) or similar such motorized vehicles, and
have a curfew imposed between the hours of 10:00 p.m, and 7 :00 a.m. If camping is allowed, the
permit to allow camping would be contingent upon the success or failure of the campsites after
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q
each racing day, and the permit to allow camping could be revoked at anytime. It is also
recommended, as a condition of approval, that a septic truck be available for everyday that
camping is allowed, to prevent the illegal discharge of raw sewage within solid waste receptacles
or anywhere on-site by campers and recreational vehicles.
A lr.ohnl1r. Hp,vf':r::l~f':~:
Sales of alcoholic beverages are again requested for approval as part of this Conditional Use
Permit prior to obtaining the required Alcohol and Beverage Control (ABC) permits. If
approved, the applicant will coordinate the ABC permitting with the Police Department's Special
Events & Special Investigations Unit prior to any sales of alcohol on the project boundary site at
the racing events. All alcohol sales shall be incorporated wi thin the food vending areas or within
segregated "beer garden" areas. It is recommended that the condition of approval require that the
sale of alcoholic beverages cease prior to the last racing event of each racing day.
Nois.e :
Several activities associated with the race events will cause a temporary increase in noise levels,
including: generators for power; spectator vehicles; pre-race staging traffic; actual racing;
loudspeaker announcements, helicopters filming the events and post-race events.
The City of Chula Vista Noise Ordinance (Municipal Code section 19.68) restricts times of
construction activities from 7:00 a.m. to 7:00 p.m., Monday through Saturday, and prohibits
construction on Sundays and holidays. Furthermore, the noise levels from construction activities
to residential receptors are not to exceed 75 dB, averaged over a l2-hour period.
The Noise Ordinance also governs fixed source and/or operational noise. Specifically, Municipal
Code 19.68.030 Exterior Noise Limits designates maximum noise levels for several land use
categories. The exterior noise limit provided for all residential (except multifamily dwelling
uses) is 55 dB(A), whereas, the noise level for multi-family residential dwelling units is
designated at 60 dB(A). These noise levels apply from 7:00 a.m. to 10:00 p.m. on the weekdays
and 8:00 a.m. to 10:00 p.m. on weekends. However, the proposed project is classified as a
temporary outdoor gathering, and as such is considered to be exempt from the provisions of the
Ordinance, pursuant to Section 19.68.060 which states "The provisions of this title shall not
apply to occasional outdoor gatherings, public dances, shows and sporting and entertainment
events, provided the events are conducted pursuant to a permit or license issued by the city
relative to the staging of the events."
The General Plan provides exterior land use noise compatibility guidelines that reflect the level
of noise exposures that are generally considered to be compatible with various types ofland uses.
The guidelines provided for residents, schools or other similar noise sensitive receptors is 65
CNEL or less. The General Plan states that the compatibility guidelines are not intended to
conflict with or contradict the Noise Ordinance, but provide guidance for total noise exposure,
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including traffic noise and other sources that are not regulated by the Noise Ordinance.
The Mitigated Negative Declaration provides a complete assessment of project related noise.
The noise analysis concluded that the noise generated by the proposed project might exceed
established levels. However, in accordance with Section 19.68 of the Zoning Code, it would
represent a temporary annoyance depending upon the number of races, the time between races,
the time the races occur, the distance to the event and line of sight to the event. As previously
noted, the race events would only occur for eight days (four weekends) with individual practice
runs and qualifying on Fridays. Also, the noise generated will be intermittent during the day in
that races would not occur continuously. Based on the average sound level anticipated to be
generated by each vehicle at the adjacent residences, and calculating by energy summation
additional vehicles, it was determined that when events have approximately 16 or fewer trucks
racing, the noise level would comply with the City's noise ordinance criteria at the nearby
residences. However, because the race events are classified as an occasional outdoor gathering
and may be exempted from the provisions of the Noise Ordinance, noise generated by the project
would not result in a significant noise impact. The MND requires a restriction on the flight path
of the helicopter filming the event to reduce noise impacts on the adjacent MSCP Preserve and
residential areas.
Air QlI"lily
Similar to the 2005 event, the proposed 2006 events would involve activities that have the
potential if not mitigated to result in impacts to air quality. The primary sources of emissions
created during the race event would be automotive traffic from spectators, employees, support
vehicles, and the race participants as well as dust generated during the events.
Up to 25 vehicles are expected to participate in each race, and each race is expected to last 15
minutes. There would be IS-minute intervals between races, during which trucks would spray
water to moisten the racetrack. The MND includes calculations for the emissions from racing
vehicles, the number of vehicles participating in each race and the number of laps or total
distance traveled. In measuring the overall air quality effects, the MND also examined localized
carbon monoxide (CO) impacts. CO is the pollutant of major concern along roadways because
the most notable sources of carbon monoxide are motor vehicles.
During some of the proposed 2006 CORR events, grading activities could be occurring for the
development of the surrounding Village Two if approved. The Draft EIR that has been prepared
for Village Two determines that construction-related air quality impacts would be significant.
Village Two construction activities could occur simultaneously with the racing events and would
contribute to a significant air quality impact; therefore, a condition of approval requires that all
grading activities for Village Two cease during all race activities to avoid cumulative air quality
impacts.
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The MND for the proposed project concluded that air quality impacts would be potentially
significant but temporary. Mitigation measures required during site preparation, race events and
after the events as well as restricting adjacent grading on other portions of Village Two (if that
project is approved) would reduce the air quality impact to below significance.
Wat"r QlI"lity
Similar to the 2005 event, the proposed 2006 events would involve activities that have the
potential if not mitigated to result in potential impacts to hydrology and water quality. During
race events, urban runoff from the site has the potential to contribute pollutants, including oil and
grease, suspended solids, metals, gasoline, and pathogens to the receiving waters.
In order to address these issues, features have been incorporated into the project design to
minimize water quality impacts. The project has been designed to maintain a minimum distance
of 150 feet to the Multiple Species Conservation Plan (MSCP) Preserve. In addition, the
racetrack has been designed such that runoff would drain into a treatment Best Management
Practices (BMP) feature and away from the MSCP Preserve and Wolf Canyon. The MND
concluded with project design features, potential impacts to hydrology and water quality may still
occur; however, BMPs would be implemented and monitored prior to-, during-, and after- race
event weekends to mitigate potential impacts to less than significant levels.
BMPs include, but are not limited to the following: desilt basins, special drums for containment
of waste, trash and hazardous materials and silt fencing/sand bags. Because of the scope of
activities proposed and the short duration of the proposed project, the race events would not have
the ability to substantially alter the flow of surface or groundwater.
H;:!7~rr1nll':: M::Itp.ri~h;:/S()11i1 W~~tP.:
The project would involve the use, transport, storage, handling and disposal of toxic substances
such as gasoline and other automotive fluids. Use of these substances onsite would occur for the
short duration of time of the racing event. No use of these substances would occur in or near the
MSCP Preserve, which is located approximately 150 feet from the edge of the racetrack and over
500 feet from the pit area. Best Management Practices (BMPs) would be implemented during all
phases of the project to mitigate for potential impacts associated with hazardous waste/toxins
entering drainages. BMPs include features such as special drums that would serve as self-
contained treatment for all runoff from maintenance bays (pit areas), vehicle and equipment wash
areas, bathroom areas, and trash and material storage areas.
The applicant will provide a vactor truck that would be used to remove runoff from the
containment drums and the collected runoff would be disposed of in accordance with City
standards. Hazardous materials would be placed in an enclosure that prevents contact with
runoff or spillage to the storm water conveyance system. Storage, wash, and maintenance areas
for race vehicles and hazardous materials/waste, as well as restroom areas would be lined with an
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impervious material to contain leaks and spills and these areas would (where feasible) have a
roof or awning to minimize direct precipitation within the secondary containment area. With
implementation of the BMPs, project impacts related to hazardous materials would be less than
significant. These BMPs are specified in and required by the MND.
The potential for solid waste dumping as a result of the camping and recreational vehicles using
the camp trash receptacles or campsites for illegal solid waste dumping activities provides the
potential for hazardous material site runoff, but will be addressed by the requirement to have a
septic truck available everyday that there is camping.
R;oloElr.:::Jl Rp.<;;;()llrr.p.<;;;:
Similar to the 2005 CORR event, the proposed CORR events would not result in any direct
impacts to sensitive biological resources, including sensitive habitats or species. The entire
project area has been subject to disturbance from approved grading, agricultural operations and
the 2005 CORR event. No sensitive habitats or plant or animal species occur onsite. The project
site is located adjacent to the City's MSCP Preserve. Implementation of the proposed project
will result in indirect impacts to sensitive habitat and species within the Preserve. In order to
reduce indirect impacts to the Preserve, the proj ect will be required to adhere to specific
guidelines established in the Chula Vista MSCP. The MND provides a summary of the
requirements of Section 7.5.2 of the Sub-Area Plan relevant to the proposed project, and a
discussion of project compliance. The MND concluded that the proposed project would adhere
to the requirements of the Sub-area Plan, and no significant impacts to biological resources
would result from the implementation of the proposed project.
The entire project site avoids interface with the City of Chula Vista MSCP Sub-Area Plan, as all
activities are located entirely within developable areas; however security personnel will monitor
the MSCP area to prevent access to the site from the Wolf Canyon maintenance road.
CONCLUSION:
Staff recommends approval of the Conditional Use Permit based on the findings and conditions
as noted in the draft City Council resolution. However, if any unanticipated problems occur,
staff will schedule a new public hearing between each racing event weekend to modifY or revoke
the Conditional Use Permit. The Director of Planning and Building, City Engineer, Police Chief
and Fire Chief may modifY the various plans, such as the Security Plan, Emergency Response
Plan, and Traffic Control Plan between each of the racing event weekends to address problems or
concerns raised and/or corrections as needed from the previous racing event weekends.
FISCAL IMPACT:
There are no fiscal impacts from the preparation of this report and the processing of the
Conditional Use Permit, since all costs are covered by the deposit accounts. The Security Plan
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and the Emergency Response Plan implementation will require full recovery cost for all
resources needed from the Police and Fire Departments. Deposit accounts will be established
with the Fire and Police Departments prior to the first racing event weekend. In addition, the
applicant will provide proof of liability insurance naming the City of Chula Vista as an insured
party in the amount of $1 0 million.
ATTACHMENTS:
I. Locator Map
2. Mitigated Negative Declaration IS-06-017
3. Application Documents with Disclosure Statement
4. Preliminary Race Track Map
5. Draft Minutes of a Special Meeting of the Resource Conservation Commission
J:\PLANNING\HAROLDIPCC-06-054-CCREPORT.DOC
9-11
Mitigated Negative Declaration
PROJECT NAME:
Conditional Use Permit for Temporary
Championship Off-Road Race 2006
PROJECT LOCATION:
Southwest of the Olympic Parkway/La Media Road
Intersection
ASSESSOR'S PARCEL NO.:
644-030-11-00, 644-030-07-00, 644-030-14-00
PROJECT APPLICANT:
James P. Baldwin
CASE NO.:
IS-06-0 17
DATE OF DRAFT DOCUMENT:
March 14, 2006
DATE OF RESOURCE
CONSERVATION COMMISSION
MEETING:
March 27. 2006
DATE OF FINAL DOCUMENT:
Mav 2. 2006
PREPARED BY:
Marni Borg, Environmental Projects Manager
Revisions made to this document subsequent to the issuance of the Notice of Availability of
the dr,aft Mitigated Negative Declaration are denoted by underline.
A. BACKGROUND
As described in detail in Section B below, the proposed project is the temporary use of a portion
of the Otay Ranch Villages Two and Four properties for Championship Off-road Racing
(CORR). CORR was held on the same property on September 23-25 and September 30-0ctober
2, 2005 subject to a Conditional Use Permit (CUP). The CUP and the Mitigated Negative
Declaration (MND) for the Temporary CORR CUP (IS-05-023) (hereinafter referred to as
"MND IS-05-023") dated July 29, 2005 was approved by City Council on August 9, 2005.
MND IS-05-023 concluded that the CORR would result in potentially significant impacts
associated with air quality, cultural and paleontological resources, geology/soils, hazards and
hazardous materials, hydrology/water quality, public services, and transportation/traffic. All
impacts were determined to be reduced to below significance through event features and
mitigation measures. MND IS-05-023 is hereby incorporated by reference.
This MND (hereinafter referred to as MND IS-06-0l7) evaluates the potential environmental
effects :trom site preparation, off-road racing and post-racing activities associated with the
proposed four 2006 race events. This MND has been prepared by the City as the lead agency
and in conformance with 915070, subsection (a), of the State CEQA Guidelines.
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Page I of 36
B. PROJECT DESCRIPTION
The proposed project is a temporary event involving off-road racing on a portion ofOtay Ranch
Villages Two and Four located south of Olympic Parkway, east of the Otay Landfill and west of
La Media Road. Exhibits I and 2 depict the proposed project location on a regional and vicinity
scale, respectively. The off-road race event will occur on four weekends, May 20-21, July 22-
23, September 23-24 and October 21-22, 2006 with practices held on the Fridays before the
weekend events. Up to seven races are expected each day of the event with six classes of
vehicles competing during the CORR: ATV Exhibition, Pro 2 (two-wheel drive), Pro 4 (four-
wheel drive), Pro Light, Single Buggy, and Super Buggy. Each race will last approximately 15
minutes.
Exhibit 3 provides a graphical depiction of the site layout and orientation of uses for the
proposed CORR event. As shown in Exhibit 3, the site plan includes a temporary racetrack,
standslbleachers for spectators, food areas, pit areas for race participants, a camping area, and
five onsite parking lots. The racetrack is located central to the site and activities. Spectator areas
would be located on the east, north and west sides of the track. Two pit areas would be provided
for race participants. The pit areas are where race vehicles and associated maintenance trailers
would be located. 'Two areas for VIP and additional race participant parking will be provided.
An overnight camping area will be located west of the main activity area. The camping area will
be of sufficient size to accommodate up to 500 event attendees. A description of access and
parking, and the site preparation, event operation and post-operation phases of the CORR event
are provided below:
The primary differences between the proposed CORR race events and the 2005 CORR race
events are as follows:
· The proposed events would be on four weekends with practices on the prior Friday (May
20-21, July 22-23, September 23-24 and October 21-22, 2006. The 2005 CORR event
occurred on two weekends with practices on the prior Friday.
. There would be a fee for parking, whereas parking was rree for the 2005 CORR event.
Ticket prices will be lower than the previous event.
· Overnight camping will be allowed for up to 500 vehicles, whereas camping was not
previously permitted.
. The race track will only be comprised of the "short" track. The "long" track has been
eliminated. Thus, 122 acres of the 149-acre site used for the 2005 race events would be
utilized.
CORR Access and Parkin!!
It is anticipated that the CORR event will draw approximately 12,000 spectators per day rrom the
San Diego County region. Freeway access to the CORR event will be rrom both the Telegraph
Canyon Road and Olympic Parkway interchanges at 1-805, located approximately four miles to
the west. Local roadways that may be used to access the event include Olympic Parkway,
Heritage Road, Telegraph Canyon Road, La Media Road, and Birch Road. Entrances into the
race area will be provided at the Olympic Parkway/Heritage Road and La Media RoadIBirch
Road intersections.
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Page 2 of36
A total of 7,440 parking spaces will be provided onsite in five designated parking lots. Parking
Lots I, 2 and 3 are designated for general public attendees; whereas Parking Lots 4 and 5 are
designated for handicappedlracersNIP parking. Access to Parking Lots 4 and 5 will be by
permit only. Parking Lots I and 5 are located at the western end of the site, and Parking Lots 2
and 4 are located at the eastern end of the site. Parking Lot 3 is located southeast of the event
area (Exhibit 3). Access to Parking Lots 1 and 5 will be provided by an existing dirt road off of
Olympic Parkway and will contain 3,185 spaces and 506 spaces, respectively. Access to Parking
Lots 2 and 4 will be from an existing dirt road off of La Media Road and would contain 828
spaces and 253 spaces, respectively. Parking Lot 3 will be accessible from the graded, but
unpaved, portion of La Media and will include approximately 2,668 spaces. A shuttle will be
provided to transport spectators to and from Parking Lot 3. Parking Lots I and 2 are on
agricultural land that has been mowed. By maintaining the root structure, dust will be minimized
in these areas, and agricultural activities can resume after the last CORR event. Parking Lots 3,
4, and 5 as well as the proposed camping area have been graded in accordance with previously
approved grading permits.
No race-event parking will be permitted in residential areas. Race-event staff members will be
positioned at entrances into residential areas to direct race spectators into designated parking
areas. No parking will be permitted along the existing dirt access roads off of Olympic Parkway
and La Media Road.
Site Preparation Phase
As noted previously, a CORR event was previously held on the subject site in 2005. The 2005
event involved approximately 149 acres. A grading permit was issued on August 11, 2005 to
prepare the track, the pit areas and some of the parking areas for the 2005 event. The proposed
2006 CORR event would involve approximately 122 acres of the original 149-acre site. The
difference in acreage is due to the fact that the "long track" has been eliminated from the event.
Only the main race track will be utilized in the proposed race events. All other areas of the
project site previously utilized for the 2005 event will be part of the proposed 2006 event.
Site preparation would begin about May 1, 2006. Activities associated with site preparation
involve minor leveling of the track and other previously graded areas, mowing of previously
mowed areas, set up for the pit area for race crews, spectator stands and food service areas, and
installation of Best Management Practices (BMPs) to control erosion and sediment transport and
to contain hazardous material storage areas. Some of the improvements associated with the track
and parking areas are already in place from the 2005 CORR event. Due to 2005 grading
activities, no grading would occur for the proposed 2006 race events; therefore a grading permit
is not required.
Similar to the 2005 event, existing dirt access roads off of Olympic Parkway and La Media Road
will provide access to onsite parking and the race event area. No new grading will be required
for the access roads; however, a cover of crushed asphalt will be re-applied to the access roads to
minimize dust emissions. In addition, watering of the access roads and all cleared areas will
occur throughout site preparation to minimize dust emissions. Gravel may also be laid down at
transition areas from dirt to paved surfaces to reduce dust.
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Page 3 of 36
The maintenance area for race vehicles (pit areas) will be located to the north and east of the
racetrack (Exhibit 3). These areas, as well as the storage area for hazardous materials/waste and
restroom areas, will be lined with an impervious material to prevent spills and potential leakage
of automobile fluids and other materials into the ground or any waterways. In addition, any
storage, handling or disposal of hazardous materials/waste will be in accordance with local, state
and federal laws.
.
Because the CORR event is temporary, no permanent utilities will be constructed. Generators for
lighting and electricity will be brought onto the site, as well as portable restrooms facilities and
water. Temporary standslbleachers and any equipment needed for the spectator and
entertainment areas will also be provided by the event sponsor.
Installation of Best Management Practices (BMPs) as described in the previously approved
Storm Water Pollution Prevention Plan (SWPPP) for the 2005 CORR event will be required
during site preparation. The BMPs are required to control erosion, stabilize manufactured
slopes, reduce site runoff and protect water quality. The required BMPs for this phase are
described in Attachment A, Implementation of Best Management Practices for Storm Water
Pollution Prevention at the Otay Ranch Championship Race Track Site. The specified BMPs
will require approval by the Director of Public Works and will be monitored throughout the
event.
Race Event Phase
As previously mentioned, the race events will occur on four weekends, May 20-21, July 22-23,
September 23-24 and October 21-22, 2006. Race event hours will be generally fi:om 7 a.m. to 7
p.m. on Saturdays and Sundays. Practices will occur on the Fridays before the event fi:om 10
a.m. to 4 p.m. Actual racing on the weekend will begin during a one hour practice session fi:om
9:30 to 10:30am. On the race event days, up to six races will be held each day of the event. The
last race will conclude at approximately 3 p.m. Lirnited non-racing weekday activities would
involve registration and technical inspections. The CUP will require that no race car engines
shall be operated before 8 a.m. and no racing on the track will occur before 9:30 a.m.
In addition to the racing activities, one Eurocopter helicopter will fly over the site at an elevation
of 100 to 1000 feet above the race track to film the race events. The helicopter will only access
the site fi:om the south, and will avoid flyovers to the north, northeast and northwest. The
helicopter will be up periodically taping the 15 minute race events throughout the day, resulting
in a total air time on.5 hours within a 24-hour time fi:ame.
Post race events may include an awards ceremony, which will conclude at sunset. No concerts
will be permitted. Loud speakers, microphones and other audio-visual equipment will be
provided to announce races. Night-lighting will be limited to the pit area, overnight camping and
vendor staging areas.
Overnight camping will be permitted for event attendees (up to 500 camping spaces). The
camping area would consist of 14.3 acres and would be located west of the proposed race track
between Parking Lots I and 5. Security will be provided in the camping area fi:om the end of the
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last race to 7 a.m. the following day. Use of the track after the final race will not be permitted.
Security will have cell phones and will have direct access to City of Chula Vista Police
Department. Specific requirements for onsite security will be outlined in the Security Plan to be
prepared by the applicant and approved by the Chief of Police.
During the time in-between the weekend race events, the race areas will be closed off to the
public. The safety/security plan prepared for the project will require that the gate surrounding
the race areas is locked. During the weekend race events, access to the race areas would also be
locked after race activities have ceased for the day, and access to the site will only be permitted
for race participants, crew members and security staff. Racing events will not be held if it rains.
Race participants will arrive on the Wednesday before the race events. Equipment, race vehicles
and some race participants/crews will remain onsite for the duration of the weekend race event.
Security, fire and medical services will be provided on each weekend of the CORR events. The
event sponsors will have security personnel onsite, at entrances and other offsite locations, as
needed. The City of Chula Vista Police Department will provide supplementary law
enforcement services. In addition, the City of Chula Vista Fire Department and an emergency
medical service provider will be available in case of medical emergencies. A security plan and
emergency medical plan wiIl be prepared by the project applicant and win be approved by the
City Police and Fire Departments, respectively, prior to the start of the race events. In addition, a
traffic control plan win be developed to facilitate arrival and departure from the event and will
require approval by the City Police Chief and City Engineer prior to the start of race events.
Maintenance of racing vehicles will occur within the designated pit areas. Maintenance may
include refueling, mounting racing wheels, and checking/refining of fluids. General clean-up
and trash pick-up of the pit area, spectator stands, foodlbeverage area and parking lots will occur
on a daily basis. Access roads, parking lots and the race track wiIl be watered to minimize dust
emissions.
InstaIlation of Best Management Practices (BMPs) as described in the previously approved
Storm Water PoIlution Prevention Plan (SWPPP) for the 2005 CORR event win be required
during the race events. The BMPs are required to provide containment of hazardous materials
storage areas, deter seepage of potentiaIly toxic substances into the soil, minimize sediment
transport off-site, control dust, minimize site runoff, prevent trash from entering the MSCP
Preserve area and protect water quality. The required BMPs for this phase are described in
Attachment A, Implementation of Best Management Practices for Storm Water Pollution
Prevention at the Gtay Ranch Championship Race Track Site. The specified BMPs wiIl require
approval by the Director of Public Works.
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Post Race Event Phase
Post-event activities essentially consist of site clean up and soil stabilization of exposed slopes.
All trash and debris generated by the proposed project will be removed. All temporary
structures, stands, bleachers, canopies, portable restroom facilities, and power generators will be
disassembled and removed ITom the site. Any containers with hazardous materials/waste will be
properly disposed of in accordance with local, state and federal laws.
Installation of Best Management Practices (BMPs) as described in the previously approved
Storm Water Pollution Prevention Plan (SWPPP) for the 2005 CORR event will be required
during the post-race event phase. The BMPs are required to minimize site runoff, protect water
quality and encourage revegetation of manufactured slopes and graded areas. The required
BMPs for this phase are described in Attachment A, Implementation of Best Management
Practices for Storm Water Pollution Prevention at the Otay Ranch Championship Race Track
Site. The specified BMPs will require approval by the Director of Public Works.
BMPs that provide for erosion control and reduction of sediment transport into drainages,
including desilt basins and silt fencing, will remain in place. In addition, any created slopes will
be hydro seeded with a native seed mix that incorporates a soil binder/stabilizer at the direction of
the City Engineer. The native seed mix will contain drought tolerant, non-invasive plant species
as no irrigation will be provided. Stabilization of constructed slopes and other disturbed areas
within the project site will occur in accordance with the City's grading ordinance.
Discretionary Actions/Other Project Approvals
A Conditional Use Permit (CUP) will be required to conduct the proposed CORR events. The
following additional approvals will be required in order to implement the proposed project.
· . City ofChula Vista Engineering: approval ofBMPs and traffic control plan;
· City of Chula Vista Police Department: approval of security plan and traffic control plan;
and
· City of Chula Vista Fire Department: approval of emergency medical plan.
C. PROJECT SETTING
The proposed project site is located within a portion of Otay Ranch, in southern San Diego
County, California (Exhibit 1). Specifically, the project area occupies approximately 122 acres
southwest of the Olympic Parkway and La Media Road intersection in the City of Chula Vista as
shown in Exhibit 2. The project site is located on the U.S. Geological Survey 7.5 minute series,
Otay Mesa quadrangle, Section 12, Township 18 South, Range I West. Olympic Parkway forms
the northern border of the proposed project site, with Wolf Canyon located adjacent to the
southeastern portion of the site. The future southern alignment of Heritage Road will be the
western boundary of the site. La Media Road generally forms the eastern boundary of the site.
The Lower Otay Landfill is located southwest of the site (Exhibit 2). The Lower Otay Reservoir
is over three miles east of the project, and Interstate 805 is approximately one mile to the west.
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The entire project site is topographically diverse with elevations ranging from 355 feet above
mean sea level (AMSL) in the southern portion to 513 feet AMSL in the northeastern portion.
The project site consists of rolling hills and relatively steep tributary canyons and is situated
between two significant ridgelines: Poggi Canyon, which is located to the north and Wolf
Canyon, which occurs to the south of the site. Numerous drainages trend north to south into
Wolf Canyon, eventually draining into Otay River which is two miles to the south of the site.
Poggi Canyon creek runs along the northern border of the site within channels created as part of
the Olympic Parkway project. Soils onsite consist of Diablo clays, Diablo-Olivenhain complex,
terrace escarpments, Linne clay loams, Olivenhain cobbly loams, and Salinas clay loam
(Bowman 1973).
The CORR racetrack, location of parking lots and other uses associated with the proposed
project were intentionally sited and designed to avoid impacts to sensitive vegetation types. The
existing land covers within the footprint of the proposed project, which includes the CORR track,
pit area, spectator stands, foodlbeverage area, camping area, restrooms and parking lots, consist
of previously graded/developed areas associated with previously approved activities (soil borrow
sites and the former ranch headquarters), ruderal (weedy) areas adjacent to the ranch
headquarters, agricultural land, and previous racing activities. The proposed project site does
not contain any natural or sensitive habitats.
Surrounding land uses include the Otay Ranch High School immediately north of the site,
developed residential uses in Village One located farther to the north (north of the existing
Olympic Parkway), developing residential uses in Villages Six and Seven to the east and
southeast (east of the existing paved La Media Road), Wolf Canyon and the MSCP Preserve to
the south, Otay Landfill to the southwest, and undeveloped land to the south.
D. PRIOR APPROVALS AND ENVIRONMENTAL DOCUMENTATION
Otav Ranch General Development Plan/Subrel!ional Plan Prol!ram EIR
The Final Program Environmental Impact Report (Program EIR #90-01) for Otay Ranch General
Development Plan/Subregional Plan (GDP/SRP) was prepared and certified jointly by the City of
Chula Vista and County of San Diego. The Program EIR 90-01 addresses the environmental
impacts of implementation of the Otay Ranch GP AlGDP/SRP and related documents, which
include Facility Implementation Plans, a Village Phasing Plan, Phase One Resource
Management Plan (RMP), and a Service/Revenue Plan. As part of Program EIR 90-01, a
Mitigation Monitoring and Reporting Program (MMRP) was prepared to define implementation
of the mitigation measures described in the Program EIR. The Otay Ranch GDP/SRP designates
the site for residential and mixed use development. Relative to the project site, the Program EIR
identified significant noise, biological resources, air quality, geology, cultural resources,
paleontological resources and cumulative agricultural resource impacts associated with build-out
of the site in accordance with the GDP.
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Olvmpic Parkwav MND
A portion of the site where the pit areas will be located has been previously graded as a soil
borrow site for the construction of Olympic Parkway. As such, the environmental analysis
(MND) for Olympic Parkway (MND IS-00-042) addressed the environmental effects associated
with removal of land covers, and grading of the site. The MND addressed impacts associated
with erosion, air quality, biological resources and cultural resources and found them to be
significant but mitigable. Relative to the borrow site that was located within the project area, no
sensitive vegetation communities were identified and as such, no significant biological impacts
were identified for the borrow operation within the proposed project boundaries.
Final Villae:e Seven Sectional Plannine: Area and Tentative Maps EIR
Parking Lot 3 will be located within a portion of Village Four, southeast of Wolf Canyon (see
Exhibit 3). The area designated as Parking Lot 3 has been graded as a borrow site in accordance
with an approved grading plan for the Village Seven Sectional Planning Area (SPA) Plan and
associated Tentative Maps (TMs). Impacts associated with the borrow site were addressed in the
Village Seven SPA Plan and TMs Final EIR #04-06 (certified October 12, 2004). The primary
issues addressed in the Village Seven SPA Plan and TMs Final EIR 04-06 relative to the borrow
site included erosion/water quality/drainage, air quality, biological resources and cultural
resources.
Draft Villae:e Two. Three and Four (portion) SPA Plan and TM Second Tier EIR
The majority of the proposed CORR event site is located within the Otay Ranch Village Two
planning area. In accordance with the General Plan and Otay Ranch General Development Plan,
the site (as part of Village Two) is planned for residential, commercial, industrial, park and open
space uses. A SPA Plan has been prepared for Otay Ranch Villages Two, Three and portion of
Village Four, and a TM has been prepared for Villages Two and portion of Village Four. A draft
EIR was prepared for the proposed SPA and TM (EIR #02-02), and was issued for public review
on March 1,2006. The EIR addresses buildout of Village Two in accordance with the SPA and
TM. Residential and mix-use areas are planned for the subject CORR event site. The Draft EIR
identified the following environmental issue areas as significant and unmitigable: Relative to
the project site, this Second Tier EIR identified significant noise, biological resources, air
quality, geology, cultural resources, paleolontological resources and cumulative agricultural
resource impacts associated with build-out of the site. Mitigation measures were provided to
reduce impacts to these resources.
Issues addressed in the Draft EIR that are relevant to the proposed action include potential
impacts associated with air quality, and geology and soils. In addition, data from biological
surveys for this project were used to address biological impacts for the proposed 2006 CORR
events.
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MND for a Conditional Use Permit for a Temporary Championship Off-Road Race (MND
IS-05-023)
As discussed in Section A, the proposed project site was previously used for off-road racing
activities in 2005 as addressed in the MND for a CUP for Temporary CORR (IS-04-023) dated
July 29,2005. The environmental analysis in MND IS-05-023 addressed the potential impacts to
the environment trom the grading of the site, and actual race and associated activities including
parking, spectator and food stands, portable restrooms, pit areas, awards ceremony and live
music. Issues addressed in the MND include land use, aesthetics, biological resources, cultural
resources, geology and soils, hazards and hazardous materials, hydrology and water quality,
mineral resources, noise, population and housing, public services, recreation, transportation and
traffic, and utilities and services systems. MND IS-05-023 concluded that the CORR would
result in potentially significant impacts associated with air quality, cultural and paleontological
resources, geology/soils, hazards and hazardous materials, hydrology/water quality, public
services, and transportation/traffic. All impacts were determined to be reduced to below
significance through event features and mitigation measures. This document is incorporated by
reference and is available for review at the City of Chula Vista Planning and Building
Department, 430 F Street, Chula Vista, CA.
E. COMPLIANCE WITH ZONING AND PLANS
The project site is part of the Otay Ranch General Development Plan (GDP). The GDP was
approved by the County of San Diego and the City of Chula Vista in October, 1993 and was
amended in December 2005. The GDP identifies conceptual development, circulation and open
space plans. Each Village of Otay Ranch will be developed in accordance with a SPA Plan,
which outlines specific development standards and regulations and functions in the same manner
as zoning regulations.
Current zoning for the site is Planned Community (PC). As a required component of the draft
SPA for Village Two, Three and Four (portion), Planned Community District Regulations have
been prepared, but not yet been adopted, for this site. The proposed CORR event is allowed
subject approval of a CUP by the City Council as provided for in the Unclassified Use Section
19.54 of the Municipal Code. Because the use is temporary, it will not require amendments to
the Chula Vista General Plan, or the Otay Ranch GDP
F. IDENTIFICATION OF ENVIRONMENTAL EFFECTS
The City of Chula Vista determined that the proposed project would have significant
environmental effects (see the Environmental Checklist included in this MND). All of these
effects have been mitigated to below significance by proj ect design or mitigation measures (see
Section G and the attached MMRP). The preparation of an Environmental Impact Report will not
be required. This Mitigated Negative Declaration has been prepared in accordance with Section
15070 of the State CEQA Guidelines.
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Aesthetics
Aesthetic impacts were analyzed in MND IS-05-0n, which concluded that the temporary
aesthetic changes that would result from the 2005 CORR event would not result in adverse
impacts. The proposed CORR event would be similar in scope to the 2005 event with the
exception that not all of the original I 49-acre site will be utilized with the 2006 events.
The proposed project would occur over four weekends and does not propose any permanent
structures or improvements. The total area that would be used by the proposed event activities
encompasses approximately 121.8 acres, of which 57 acres have already been graded as a soil
borrow location for other development in Otay Ranch. Additional grading occurred on the site in
accordance with an approved grading permit for the 2005 CORR event. Only minor clearing or
leveling surface preparation activities will be required for the proposed event. No modifications
to existing naturallandforrn would occur, therefore there would be no impacts associated with
grading. No grading permit will be required.
.
The proposed activities would include temporary tent-like structures, spectator stands, shade
canopies, and portable restroom facilities as well as parked vehicles that would be visible from
some public and private vantages points primarily to the north and east. However, due to its
location between two ridgelines, the racetrack would not be visible from public roadways.
Nighttime security lighting would be allowed in the pit areas and overnight camping areas
located on the north, east and west areas of the site (Exhibit 3). The night lighting would be
visible from residential areas to the north and east of the site. Because the nighttime lighting
would be temporary, occurring over four independent weekends, the proposed project would not
permanently alter the aesthetic or visual character of the site or result in a new source of
substantial light or glare. Therefore, the proposed 2006 CORR event is not anticipated to result
in significant impacts to aesthetics.
Air Qualitv
An air quality technical report was prepared by Scientific Resources Associated (March 2006)
for the project and is available at the City of Chula Vista Planning and Building Department,
430 F Street, Chula Vista, CA for review. Project related emissions would occur from vehicles
traveling to the CORR event site, race vehicle emissions generated during race events and dust
generated by the racing activities.
Site Preparation Phase
Site preparation phase of the project would result in ermSSlOns associated with heavy .
construction equipment and site preparation personnel commuting to and from the site. Fugitive
dust would also be generated during the site preparation phase. Table 1 identifies the estimated
emissions generated by site preparation activities. As shown in Table I, emissions during this
phase of the project are calculated to be 21.94pounds per day (lbs/day) for CO and 37.51Ibs/day
for NOx; which is below the South Coast Air Quality Management District (SCAQMD)
significance threshold of 550 'and 250 Ibs/day, respectively. In addition, fugitive dust levels
measured as PMlO are calculated at 80.2 lbs/day which is below the threshold of ISO lbs/day. It
should be noted that the project proposes to incorporate dust control measures as project design
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.'.
features which would reduce PMlO emissions to 39.9llbs/day (as shown in Table 2). Therefore,
the site preparation phase of the proposed project would not result in significant fugitive dust or
other air quality impacts.
Race Event Phase
The primary sources of emissions created during the race event would be automotive traffic from
spectators, employees, support vehicles, and the race participants. Up to 25 vehicles are
expected to participate in each race, and each race is expected to last 15 minutes. There would be
15 minute intervals between races, during which trucks would spray water to moisten the
racetrack. In calculating emissions from racing vehicles, the number of vehicles participating in
each race and the distance (number of laps) was used to determine the total distance traveled.
The track distance is 0.97 mile with an additional 0.43 mile for the starting area. Number oflaps
ranges from 10 to 16 depending on the type ofracing vehicle and the amount of time allotted to
each race is 15 minutes. All portable generators greater than 50HP would have appropriate
permits from the California Air Resource Board (CARB), therefore, these emissions are not
included in this analysis.
Emissions were based on the use oflight-duty vehicles such as dune buggies and ATVs, with the
U.S. EPA's emission factors for travel on unpaved roads from the Compilation of Air Pollutant
Emission Factors (AP-42), Section 13.2 (U.S. EPA 2003). The emission from unpaved roads are
estimated based on the distance traveled, weight of the vehicle, silt content on the unpaved
surfaces, and moisture content of the surface. Assuming a mean vehicle weight of 0.25 tons due
to the lightweight nature of the racing vehicles, assuming a silt content of 8.5 percent based on
construction sites from the U.S.EPA's document, and assuming a 2 percent moisture content,
emissions from the unpaved surface would be 482.37 lbs/day, as shown in Table 3. However,
when project design features that have been identified in Section H were incorporated into the
URBEMIS 2002 model in determining project related air quality impacts. PMlO emissions were
reduced from 481.0 to 49.48 lbs/day (refer to Tables 3 and 4). Therefore, impacts would be less
than significant.
In addition to measuring overall air quality effects, the analysis for the project examined
localized carbon monoxide (CO) impacts. CO is the pollutant of major concern along roadways
because the most notable sources of carbon monoxide are motor vehicles. For this reason carbon
monoxide concentrations are usually indicative of the local air quality generated by a roadway
network, and are used as an indicator of its impacts on local air quality.
To verify that the project would not cause or contribute to a violation of the CO standard, a
screening evaluation of the potential for CO "hot spot" was conducted. According to the
guidance from the Caltrans ITS Transportation Project-Level Carbon Monoxide Protocol, the
CALINE4 model was conducted at the intersections that would be affected by the project
(Olympic Parkway and Heritage Road, Olympic Parkway and La Media Road, La Media Road
and Birch Road, and La Media Road and the proposed southern parking lot) to evaluate the
incremental concentration associated with traffic at the events. According to the model, none of
the intersections analyzed would exceed the standard for CO concentrations (SRA 2006).
Further, a traffic control plan will be required to assure that spectator traffic moves quickly and
efficiently at key intersections thereby avoiding significant delays. Lastly, traffic would be
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generated on weekends when peak hour commutes would not be occurring, and therefore it is
unlikely that the temporary traffic associated with the racing events would degrade the level of
service significantly. Therefore, no CO "hot spots" are anticipated.
During some of the proposed 2006 CORR events, grading activities could be occurring for the
development of the surrounding Village Two (subject to project approval). As indicated in the
Draft EIR for Village Two, Three and Four (portion) SPA Plan and TM (EIR # 02-02),
construction-related air quality impacts would be significant. Since construction activities from
Village Two could occur simultaneously with the CORR event, and the CORR event would
contribute to the significant air quality impact, a condition of project approval would be required
to cease future grading activities within Village Two (if approved) during all race activities to
avoid cumulative air quality impacts.
Post Race Event Phase
Once the operation phase of the project has been completed, emissions would be generated from
the transport of any contaminated soil (i.e., oil and gasoline from on-site vehicles) from the
proj ect site to appropriate disposal locations approved by local, state, and federal agencies. If
required for site cleanup, it is anticipated that soil would be transported off-site.
In addition, after the racing event is completed, the disturbed areas of the site would be
hydroseeded to stabilize slopes and reduce runoff during the rainy season. The activities
involved with hydroseeding include one truck traveling to the project site and spraying the
hydro seed mix onto the effected areas. Hence, one additional truck would be traveling to and
from the project site, post project operation.
The quantity of trucks traveling to and from the proj ect and amount of soil being disturbed
during the post-operation phase is anticipated to be the same or less than what would be
generated during the site preparation phase and therefore, post-operation emissions are
anticipated to be less than significant. No mitigation measures are required.
Ae:ricultural Resources
Agricultural resources were analyzed in MND IS-05-023. The MND concluded that the 2005
CORR event would not result in adverse impacts to agricultural resources.
Historically, the project area was used for dry farming, as well as cattle and sheep grazing. Crop
production was limited to hay and grains (typically barley) due to limited water availability.
Portions of the property that have not been disturbed by existing grading (soil borrow) or
historical use as the ranch headquarters are actively tilled. The project area does not contain
designated Prime Farmland, Farmland of Statewide Importance or Unique Farmland (United
States Department of Agriculture, Soil Conservation Service, Califomia Department of
Agriculture). The site has been locally designated as Farmland of Local Importance and is
identified as Grazing Land. No land within the project area is subject to the Williamson Act.
In 2005, approximately 74 acres of agricultural land was graded for a temporary race event. This
area remains cleared and since the proposed project would be completely located within the 2005
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site no new agricultural impacts would result. Existing agricultural fields will be utilized for
parking. The fields have been harvested, and the remaining vegetation has been mowed. Thus,
the temporary parking on the fields will not preclude used of the land for agricultural purposes
after the race events. Therefore, there would be no impacts to agricultural uses on the site.
Bioloeical Resources
Biological Resources were analyzed in MND IS-05-023. The MND concluded that the 2005
CORR events would not result in adverse biological impacts. The analysis of biological issues
contained in MND IS-05-023 and in this analysis is based on biological data collected for the
Village Two project site (EIR # 02-02) as documented in the biological technical report for that
project entitled: Biological Resources Technical Report for Otay Ranch Village Two and Three
(Dudek, 2006). Specifically, vegetation mapping and focused surveys for coastal California
gnatcatcher surveys were performed and updated between 2000 and 2004 on the Village Two
proj ect site.
Similar to the 2005 CORR event, the proposed CORR events would not result in any direct
impacts to sensitive biological resources, mcluding sensitive habitats or species. The entire
proj ect area has been subj ect to disturbance rrom approved grading, agricultural operations and
the 2005 CORR event. No sensitive habitats or plant or animal species occur onsite. No new or
additional direct impacts to biological resources would result rrom the proposed proj ect.
Therefore, the project would not have a substantial adverse direct effect on any riparian habitat
or other sensitive natural community identified in local or regional plans, policies, or regulations.
The project site is located adjacent to the City's MSCP Preserve. Implementation of the
proposed project will result in indirect impacts to sensitive habitat and species found within the
Preserve. In order to reduce indirect impacts to the Preserve, the proj ect will be required to
adhere to specific guidelines established in the Adjacency Management Issues discussion in the
Chula Vista MSCP Subarea Plan (Section 7.5.2 of the Subarea Plan). The following is a
summary of the requirements relevant to the proposed project, and a discussion of project
compliance.
Drainage/T oxics:
All developed and paved areas must prevent the release of toxins, chemicals, petroleum
products, exotic plant materials and other elements that might degrade or harm the natural
environment or ecosystem processes within the Preserve.
The proj ect would involve the use, transport, storage, handling and disposal oftoxic substances
such as gasoline and other automotive fluids. Use of these substances onsite would occur for the
short duration of time of the racing event. No use of these substances would occur in the MSCP
Preserve, which is located approximately 150 feet rrom the edge of the racetrack and over 500
feet rrom the pit area. As discussed under the Hazards and Hazardous Materials section, BMPs
would be implemented during all phases of the project to mitigate for potential impacts
associated with hazardous waste/toxins entering drainages. These BMPs are specified in
Appendix A and require City review and approval by the Director of Public Works.
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The following swnmarizes the BMPs ttom Appendix A, and are required to reduce effects
associated with drainage and toxics to less than significant levels, as required by the Subarea
Plan:
.
Containment Areas - BMPs utilized during Race Events include secondary containment at pit
areas, vehicle wash stations, portable bathrooms, trash disposal and materials storage areas.
Additionally, fuel storage and used oil collection areas are be=ed and double-lined to ensure no
outflows. Vactor trucks are used to remove runoff ttom the containment areas and the collected
runoff is disposed of in accordance with City standards. Hazardous materials are placed in
containers that prevent contact with runoff and spillage to the sto= water conveyance system.
Secondary containment, such as be=s or dykes, is also provided. Hazardous Waste containers
have secondary containment and remain covered at all times. Run-off ttom adjacent areas is
prevented ttom coming into contact with the containment areas. Storage, wash, and maintenance
areas are sufficiently impervious to contain leaks and spills. Attached lids are provided on all
trash containers to minimize spillage of water that may be contaminated with municipal waste.
Site Runoff - Three desilt basins are designed as retention basins, and thus, no runoff is allowed
to discharge ttom these basins. At the conclusion of each racing event, accwnulated debris and
pollutants will be removed ttom the basins and disposed of in accordance with City standards. A
perimeter fence is located between the grading limits and the MSCP preserve line to prevent the
intrusion of trash, debris or sediment to the MSCP area.
Maintenance - Dust and trash control measures are included as well. To further inhibit sediment
accwnulation, the track is watered between races. Onsite trash collection is provided throughout
the event. Parking areas are graded, with silt fences and bio-filters along the perimeter to treat oil
and grease ttom parked vehicles. A vegetative buffer surrounding the site to within 100' ttom the
disturbed area will remain planted in hay for the duration of the proj ect.
There are no pe=anent utilities at the site. Generators, water trucks, a vactor truck, and portable
bathroom facilities are utilized. No temporary facilities will remain on site after the final race
event. Long-te= maintenance of all BMP's in use at the project site are the responsibility of
James P. Baldwin and Associates who guarantee perfo=ance of proper BMP maintenance by
the posting of a performance bond as required by the City of Chula Vista.
Access Roads - There are proposed access roads into the site. These are used for public access
during race events. The north entrance ttom Olympic Parkway runs southeast toward the
material storage and delivery area, which is used as a public parking area during race events. The
east entrance ttom La Media Road runs west towards the vendors' entrance and parking area
during race events. Each of these access roads has a crushed asphalt base 6" in depth, for the first
200' ttom the point of entry. Maintenance will be continuous during race events. James P.
Baldwin & Associates and Championship Off Road Racing (CORR) will be responsible for the
maintenance of these construction entrances and all other BMP's described herein.
Trackinl! - To insure that no tracked sediment reaches the sto= drain system, a sweeper truck is
employed to remove any sediment deposited onto Olympic Parkway or La Media Road due to
increased traffic during race events. All efforts are made to prevent mud ttom being tracked
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onto public roads. In no case will vehicles be permitted to drive on, or park in muddy areas, or to
leave the site without first removing any accumulations of loose mud. In the event of heavy rain,
where there is significant surface runoff and the safety of race participants is in jeopardy, all race
events will cease.
Wind Erosion/Dust Control - Silt fencing is provided between the edge of grading and the MSCP
preserve line to prevent intrusion of trash, debris or sediment to the MSCP area. This BMP is
designed to capture wind-blown pollutants. To enhance the dust control efforts, the track will be
watered extensively between races. To enhance trash control efforts, onsite trash collection is
provided throughout race events.
Desilt Basins - Runoff from the track surface drains to one of three proposed desilt basins. These
basins are designed as retention basins. No runoff is allowed to discharge from these basins. At
the conclusion of racing events, these basins will be eliminated as the re-grading project is
completed. The existing desilt basin located near the intersection of Heritage Road and Olympic
Parkway will remain and will serve as treatment for runoff from a portion of the site including
the east access road.
Re-vel!etation - Existing vegetation has been retained where ever possible. Disturbed areas of
the site will be re-graded after the final race event to allow re-vegetation using hay as the
primary method of soil stabilization.
Lighting:
Lighting of all developed areas adjacent to the Preserve should be directed away from the
Preserve wherever feasible and consistent with public safety. Where necessary, development
should provide adequate shielding to protect the Preserve and sensitive species from night
lighting.
Temporary lighting associated with the CORR event would be limited to the pit area, spectator
area and camping area. The lighting for these areas would be directed downward, and away from
the Preserve. In addition, these areas would not be located adj acent to the Preserve. The portion
of the project that is located adjacent to the Preserve is the track area. The track portion of the
project site would not be lighted, and no race events would occur at night. The evening lighting
would be necessary in the spectator area for the post race event activities, such as the award
ceremony. All CORR activities would conclude by 7 p.m. Nighttime lighting in the pit and
camping areas would be required for security purposes. These areas requiring nighttime lighting
are located over 500 feet from the MSCP Preserve. Because nighttime lighting would be
required for a short duration of time (four independent weekends), no indirect lighting impacts
are anticipated. Therefore, the proj ect will not generate' significant indirect lighting that will
impact biological resources in the Preserve.
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Noise:
Uses in or adjacent to the Preserve should be designed to minimize noise impacts. Berms or
walls should be constructed adjacent to commercial areas and any other use that may introduce
noises that could impact or interfere with wildlife utilization of the Preserve. Excessively noisy
uses or activities adjacent to breeding areas, including temporary grading activities, must
incorporate noise reduction measures or be curtailed during the breeding season of sensitive
bird species.
As discussed in the Noise analysis of this MND, noise resulting from project related activities
includes noise associated with vehicle racing, loudspeakers, overhead helicopter flights, or other
incidental sound sources associated with the events. Species of concern relative to this policy
(i.e. sensitive bird species) include the coastal California gnatcatcher. The project site is located
150 feet ITom the MSCP Preserve boundary; however, the nearest location for potential habitat
for coastal California gnatcatcher (coastal sage scrub) within the Preserve exists 1,500 feet to the
south of the project site. Surveys for gnatcatcher conducted in 2002 within the portions of the
Preserve that are in the vicinity of the proj ect indicated no occupied habitat. As discussed in the
Noise Section below; , as a worst case analysis, the coastal sage scrub within the Preserve is
assumed to be occupied and is therefore considered to be potentially affected by project-
generated noise.
Although the Subarea Plan does not identify a specific numerical threshold related to operational
noise effects on sensitive bird breeding activity, a generally accepted standard for gnatcatcher is
60 dBA LEQ. Based on noise calculations for the proposed activities, noise levels would reach
57dB at the closest areas of potential habitat. Because the calculated noise level is below the 60
dBA LEQ threshold, no indirect impacts on potential gnatcatcher breeding activity would result
and impacts would be less than significant.
Invasives:
No invasive non-native plant species shall be introduced into areas immediately adjacent to the
Preserve.
The project does not propose landscaping that would introduce invasive species, and the erosion
control BMPs specifically require that native plant species be used.
As noted, the project does not involve any direct impacts to sensitive biological resources, since
the entire area has been previously utilized for the 2005 race events and no sensitive habitat or
wildlife currently existing on site. Implementation of the proposed temporary uses includes
measures to avoid indirect impacts on the Preserve through adherence with the Subarea Plan
requirements relative to adjacency management issues. Therefore, the project would not result in
any conflicts with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan.
Because no sensitive species or habitats would be affected by the project, and because the project
would adhere to the requirements of the Subarea Plan, no significant impacts to biological
resources would result from the implementation of the proposed project.
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Cultural and Paleontolo!!ical Resources
Archaeological investigations were conducted on the project site for the 2005 CORR event and
were addressed in the MND IS-05-023. The MND concluded that 2005 CORR event would not
result in adverse cultural impacts.
Three archaeological sites have been recorded within the project impact area: SDI-ll,294H;
SDI-12,289; and SDI-16,679. Two of these sites, SDI-12,289 and SDI-16,679, were identified
as small prehistoric camps. These two sites were subj ected to testing and evaluation programs
and determined not to be significant. The third site, SDI-11,294H, is the location of the Otay
Ranch Farm Complex. This historic site was subjected to a data recovery investigation. The
investigations of the historic site resulted in the mitigation of impacts to the site from proposed
development of the Village Two SPA Plan. No further investigations were required for the
historic site.
MND IS-05.023 also addressed paleontological resources. The Otay, San Diego and Sweetwater
Formations, which are located at the project site, have high potential to bear paleontological
resources. Terrace Deposits and the Mission Valley Formation, also onsite, have moderate
paleontological resource potential.
The 2005 CORR event, addressed potential impacts to these resources due to proposed grading
activities. Since no grading activities are proposed for the 2006 CORR event, there would be no
impact to archaeological or paleontological resources.
Geolo!!v and Soils
A preliminary geotechnical investigation indicated that no geotechnical hazards exist within the
project vicinity that would have the potential to impact the proposed uses. The project site has
already been graded for previous site activities, and therefore only minimal clearing and leveling
activities would be conducted. Erosion impacts could occur during site preparation and race
activities. Erosion control measures and erosion BMPs are identified in Attachment A,
Implementation of Best Management Practices for Storm Water Pollution Prevention at the Gtay
Ranch Championship Race Track Site, and would mitigate potential impacts resulting from
erosion to less than significant. The erosion control measures identified in Appendix A would
require review and approval by the Director of Public Works. With implementation of the
proposed mitigation measures during site preparation and operation, impacts resulting from
potential soil erosion would be less than significant.
Hazards and Hazardous Materials
Hazards and Hazardous Materials were analyzed in MND IS-05-023 that concluded the 2005
CORR event would not result in adverse hazards and hazardous material impacts.
Similar to the 2005 CORR event, the proposed CORR event would involve the transport,
storage, and handling of hazardous materials (gasoline and engine fluids) associated with the
proposed activities for a short duration of time. Potential impacts resulting from exposure to or
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leaks/spills of hazardous materials may occur; however, BMPs would be in place that would
reduce potential impacts to less than significant. The BMPs are identified in Appendix A and are
identified as mitigation measures in Section G of this document. BMPs include features such as
special drums that would serve as self-contained treatment for all runoff from maintenance bays
(pit areas), vehicle and equipment wash areas, bathroom areas, and trash and material storage
areas. The Vactor trucks would be used to remove runoff from the containment drums and the
collected runoff would be disposed of in accordance with City standards. Hazardous materials
would be placed in an enclosure that prevents contact with runoff or spillage to the storm water
conveyance system. Storage, wash, and maintenance areas for race vehicles and hazardous
materials/waste, as well as restroom areas would be lined with an impervious material to contain
leaks and spills and these areas would (where feasible) have a roof or awning to minimize direct
precipitation within the secondary containment area. With implementation of the BMPs, project
impacts related to hazardous materials would be less than significant.
Hvdrolol!:V and Water Quality
Hydrology and water quality was analyzed in MND IS-05-023 that concluded the 2005 CaRR
event would not result in adverse impacts to hydrology and water quality.
Similar to the 2005 CaRR event, the proposed CaRR events would involve activities that have
the potential to result in potential impacts to hydrology and water quality. During race events,
urban runoff from the site has the potential to contribute pollutants, including oil and grease,
suspended solids, metals, gasoline, and pathogens to the receiving waters. Once the CaRR event
is complete, some portions of the site, including manufactured slopes, may be exposed and
susceptible to erosion. Pollutants of concern associated with the proposed project are grouped
into the following categories: sediments; metals; oil and grease; trash, debris and floatables;
bacteria and viruses; and organic compounds and oxygen-demanding substances.
In order to address these issues, features have been incorporated into the project design to
minimize water quality impacts. The project has been designed to maintain a minimum distance
of 150 feet to the MSCP Preserve (Exhibit 3). In addition, the racetrack has been designed such
that runoff would drain into a treatment BMP and away from the MSCP Preserve and Wolf
Canyon.
With project design features, potential impacts to hydrology and water quality may still occur;
however, BMPs would be implemented to mitigate potential impacts to less than significant
levels. The BMPs have been identified in Appendix A and require review and approval by the
Director of Public Works. BMPs identified in Appendix A include, but are not limited to the
following: desilt basins, special drums for containment of waste, trash and hazardous materials
and silt fencing/sand bags.
Because of the scope of activities proposed and the short duration of the proposed project, the
race events would not have the ability to substantially alter the flow of surface or groundwater.
In addition, the project would not involve pumping of groundwater and would therefore not
result in the possibility of depletion of groundwater supplies. The project site is not within a
lOO-year flood plain and does not propose construction of permanent structures.
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The project would not directly discharge to an existing storm drain system and would not alter
any drainage pattern. Therefore, no impact upon storm water conveyance capacities would occur.
Noise
An Acoustical Analysis was prepared by Dudek and Associates (March 2006) for the proposed
project which is summarized below.
Applicable Standards
The City of Chula Vista Noise Ordinance (Municipal Code section 19.68) restricts times of
construction activities from 7:00 a.m. to 7:00 p.m., Monday through Saturday, and prohibits
construction on Sundays and holidays. Furthermore, the noise levels from construction activities
to residential receptors are not to exceed 75 dB, averaged over a 12-hour period.
Fixed source and/or operational noise is also governed by the City of Chula Vista Noise
Ordinance. Specifically, Municipal Code 19.68.030 Exterior noise limits designates maximum
noise levels for several land use categories. The exterior noise limit provided for all residential
(except multifamily dwelling uses) is 55 dB(A), whereas, the noise level for multi-family
residential dwelling units is designated at 60 dB(A). These noise levels apply from 7:00 a.m. to
10:00 p.m. on the weekdays and 8:00 a.m. to 10:00 p.m. on weekends. However, the proposed
proj ect is classified as a temporary outdoor gathering, and as such is considered to be exempt
from the provisions of the Ordinance, pursuant to Section 19.68.060 which states "The
provisions of this title shall not apply to occasional outdoor gatherings, public dances, shows and
sporting and entertainment events, provided the events are conducted pursuant to a permit or
license issued by the city relative to the staging of the events."
The General Plan provides exterior land use noise compatibility guidelines which reflect the
level of noise exposures that are generally considered to be compatible with various types ofland
uses. The guidelines provided for residents, schools or other similar noise sensitive receptors is
65 CNEL or less. The General Plan states that the compatibility guidelines are not intended to
conflict with or contradict the Noise Ordinance, but provide guidance for total noise exposure,
including traffic noise and other sources that are not regulated by the Noise Ordinance. The
following analysis provides a complete assessment of project related noise, including traffic
noise, and therefore addresses impacts in accordance with both the Noise Ordinance and the
General Plan guidelines.
Site Preparation Phase
Site preparation noise would be generated by typical site preparation activities, such as the use of
power equipment. Noise levels during this phase would widely range as a function of the
equipment used and the activity level. Site preparation noise sources are not strictly related to a
noise standard because they occur only during selected times, and source strength varies sharply
with time. Noise disturbances during quiet hours and the nuisance factor accompanying such
disturbance usually leads to time limits on grading activities imposed as conditions on grading
permits. The hours from 7:00 a.m. to 7:00 p.m. from Monday through Saturday have been
identified in the City of Chula Vista Noise Ordinance for construction activity noise impacts to
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the extent feasible. These limitations on site preparation activities are considered to mitigate
short.term noise impacts to less than significant levels. No additional mitigation measures are
required. No site preparation activities would occur on Sunday; therefore noise limits would be
subject to the exterior noise limitations for residential uses, as mentioned above.
Race Event Phase
Several activities associated with the race event would contribute to the overall acoustic impact
of the proj ect, including: generators for power; spectator passenger vehicles; paddock and pre.
race staging traffic; actual racing; loudspeaker announcements; helicopter and after race events.
Spectators would typically arrive along Olympic Parkway and Telegraph Canyon Road. Other
local roads that would provide direct access to the site from La Media Road, Heritage Road, and
Birch Road. Based on Caltrans Sound 32 noise model (Caltrans 1983 and 1987), and assuming
50 percent of the project's traffic (i.e., 2,386) ADT would travel along La Media Road at 45
mph, the annual CNEL noise level for all the race events would be well below the City's 60 dB
CNEL noise guidelines at the adjacent residents. This noise level does not assume any
attenuation associated with the existing sound walls. The single family homes along Olympic
Parkway have existing sound walls that have been constructed to attenuate existing and future
traffic noise along Olympic Parkway. With the project's 4,772 ADT, the noise level would
temporarily increase the annual CNEL by less than one dB on Olympic Parkway. This noise
level increase would be less than significant.
Sensitive receptors in the project vicinity include residential uses to the east of the site (across La
Media Road), residential uses north of the site (across Olympic Parkway), and the high school
located adjacent and north of the site. Noise measurements were taken at three sensitive receptor
locations. Site 1 is located approximately 2,600 feet west of the site at the closest sensitive
biological habitat area known to be occupied with California gnatcatcher; Site 2 is located at the
closest homes to the east of the race course (approximately 2,200 feet to the east); and Site 3 is
located approximately 2,600 feet to the north of the race course at residences along the north side
of Olympic Parkway (Village 1).
In addition to human receptors, noise issues are of concern to sensitive bird species located
within the MSCP Preserve located to the south of the project site. Specific noise requirements
from the MSCP Subarea Plan are identified in the discussion of biological resources. Areas of
concern include potential nesting habitat for coastal California gnatcatcher, the nearest of which
is located approximately 1,500 feet from the proposed race track, and is the area to which the
MSCP noise restrictions apply. A complete discussion of noise impacts on the Preserve is
provided in the discussion of effects on biological resources, above.
In order to calculate the anticipated noise level at the sensitive receptor sites, the noise from one
Pro 2 truck was measured. The Pro 2 truck is the largest and loudest of the vehicles that will
race at the proposed CORR event, and therefore was used as the basis for a worst case noise
analysis. The measured average noise level associated with the tested race truck was 41 dB at
Site 1. The noise measurements started when the truck began traveling the track and ended when
the truck finished (i.e., between two to four laps). The noise measurements lasted for
approximately three to five minutes at each site. Based on information provided by the
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applicant, it is anticipated that up to approximately 25 trucks would race in any event. The
additional noise associated with the trucks can be determined using energy summation
calculations. Assuming an increase in the noise level for 25 trucks that the noise would last for
an hour, and using the measured data from Site 1, the one-hour average sound level at Site 1
would be 55 dB. This noise level would comply with the 60 dB Leq noise criterion identified as
the threshold level for noise impacts to potential nesting California gnatcatcher.
Noise levels were measured at Sites 2 and 3, however, construction activities interfered with the
noise measurement at Site 2 and traffic noise along Olympic Parkway was substantially greater
than the noise generated by the one truck traveling the race course. The average sound levels
measured at Sites 2 and 3 were 54 and 60 dB, respectively. However, this noise primarily
resulted from the construction activities and traffic along Olympic Parkway. The average sound
level associated with the truck noise at the race track could not be measured at Sites 2 and 3
because of the background noise. However, the maximum noise levels measured between the
brief lulls of the construction activities and traffic along Olympic Parkway ranged up to
approximately 48 dB at Site 2 and 49 dB at Site 3.
The one-hour average noise levels at the closest existing residential areas were determined based
on the measured maximum noise levels, with adjustments based on the relationship between the
maximum and average sound levels measured at Site 1, as well as noise measurements adjacent
to the track. Based on the noise level for 25 trucks, and using the measured data, the one-hour
average sound level would be approximately 57 dB at Site 2 and 59 dB at Site 3. These noise
levels would exceed the City's noise ordinance criteria by two dB at Site 2 and four dB at Site 3
when 25 trucks are racing. However, at Site 3 the existing ambient weekend daytime hourly
average noise level is greater than 59 dB at the closest residences as a result of traffic along
Olympic Parkway. Therefore, the noise level would not exceed the City's noise level limits at
Site 3.
In evaluating potential indirect impacts on sensitive bird species within the Preserve, noise levels
were calculated at the closest potential nesting habitat location within the Preserve, to address
worst case conditions within the Preserve. This location is approximately 1,500 feet to the south
of the proj ect area. The resulting calculated noise level at this potential nesting habitat location
within the Preserve is 57 dB LEQ. This is below the 60 dB LEQ significance threshold, and
therefore, impacts to potential nesting gnatcatchers within the MSCP Preserve are less than
significant.
In addition to noise generated from weekend racing activities, there would be practice testing of
vehicles on Fridays before the weekend races. A maximum of one truck would test on the track
at any time. The noise resulting from testing one vehicle would not generate one-hour average
noise levels greater than 50 dB at any residences or at the adjacent high school. This noise level
would result in a less than significant noise impact.
There would be one helicopter filming the race events. The helicopter would fly from Brown
Field north to the site along a flight path that is not occupied by residences, and would film
between 100 and 1,000 feet above the race track. The helicopter would generally hover around
the race track and would generate a maximum noise level of approximately 60 dB at a distance
of 2,000 feet. During any hour, the maximum time racing would be 30 minutes. The flight path
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of the helicopter during the racing events cannot be determined. Therefore, assuming that on
average the helicopter is located at the middle portion for the race track area, the hourly average
noise level would be approximately 57 dB at the closest assumed occupied biological habitat
area located south of the site. To ensure that the helicopter does not exceed an hourly average
noise level of 60 dB at the sensitive biological habitat area, the helicopter flight path will be
restricted. A "no fly over zone" as shown in Figure 4, will be strictly enforced. Using the same
assumptions, the hourly average noise level would range up to approximately 53 dB and 55 dB at
the closest residences located east and north of the site, respectively. These noise levels would
comply with the City's noise criteria.
A public address (P A) system will be located within the race track. Announcements will occur
periodically before, during and after all races. The closest biological sensitive habitat within the
MSCP Preserve to the speakers would be located approximately 2,400 feet away from the
location of the speakers. Assuming the maximum noise level, and that the PA system is used 10
percent of any hour, the hourly average noise level would be 66 dB at 2,400 feet. However,
there is substantial intervening topography between the loud speakers and the sensitive biological
habitat area within the Preserve; also the speakers would be oriented away from the habitat area.
Therefore, based on calculations that included consideration of site conditions, these features
would reduce the noise level by at least 20 dB resulting in an hourly average noise level of 46 dB
or less at the habitat area. In addition, the speakers would be approximately 2,000 or more feet
from the closest residences located along Olympic Parkway and La Media Road. At this
distance, the hourly average noise level would be approximately 68 dB. This noise level would
exceed the City's noise ordinance criteria.
Five generators would be used ranging in size from 100 to 175 kW. The generators would
produce sound levels of approximately 67 to 72 dB at a distance of 23 feet. The generators
would be dispersed among the pit areas, food prep/staging area and camping area. The generator
noise level would be less than 45 dB at any of the identified noise sensitive areas (i.e., human or
sensitive biological habitat). This noise level would result in a less than significant impact.
As previously noted, the race event would only occur on four weekends and practices would
occur on the Fridays before the weekend events. The proposed CORR event is not a regularly
scheduled activity, and the four weekends of events are considered occasional. The noise
generated will be intermittent in that races would not occur continuously. It is a sporting and
entertainment event, and therefore is not covered by the noise control ordinance.
While the noise generated by the proposed project may exceed established levels provided by
Code 19.68, it would represent a temporary annoyance depending upon the number of races, the
time between races, the time the races occur, the distance to the event and line of sight to the
event. As previously noted, the race events would only occur for eight days (four weekends)
with individual practice runs and qualifying on Fridays. Also, the noise generated will be
intermittent during the day in that races would not occur continuously. Based on the average
sound level anticipated to be generated by each vehicle at the adj acent residences, and
calculating by energy summation additional vehicles, it was determined that when events have
approximately 16 or fewer trucks racing, the noise level would comply with the City's noiserordinance criteria at the nearby residences. Based on the forgoing analysis, the proposed race
events would result in elevated noise level intermittently over four days weekends. However,
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because the race events are classified as an occasional outdoor gathering. and are exempt Hom
tfiet Such temporary uses are not covered bv provisions of the Noise Ordinance. There is no
threshold for short-term impacts such as this use. Therefore, noise generated by the project
would not result in a significant noise impact.
Post Race Event Phase
Noise generated Horn the post race event phase would be limited to clean up activities such as
the removal of trash, and hazards materials or waste. In addition to clean up activities,
hydroseeding would occur to constructed slopes and other disturbed areas within the project site.
These activities would require the use of a couple of trucks traveling to and Horn the project site.
These truck trips would be less than those generated during the site preparation phase and would
not be significant noise sources. Clean-up and hydro seeding activities would be short-term in
nature and are not considered significant.
Public Services
Public services were addressed in MND IS-05-023 that concluded the 2005 CORR event would
not result in increased permanent demand for public services personnel, equipment and facilities
or result in changes in service levels. Similar to the 2005 CORR event, the proposed project has
the potential to result in hazards associated with accidents during the race events and therefore
creates a temporary increase in demand for police and fire services. The closest fire station that
would respond to an incident at the project site is located at 1640 Santa Venetia, approximately
one-half mile to the northeast of the site. Security and safety plans are required for the proposed
project. These plans provide direct contact information to local police, fire, hazardous waste
clean-up, etc. In addition, the plans provide specifics for security lighting, fencing and personnel
at the project site; for each phase of the race events. Implementation of the security and safety
plans would reduce potential public service impacts to less than significant
Transportation/Traffic
Transportation and traffic was analyzed in MND 1S-05-023 that concluded the 2005 CORR
event would not result in adverse transportation/traffic impacts.
Similar to the 2005 CORR event, the proposed CORR events would be accessed via Olympic
Parkway and La Media Road. The proposed events are anticipated to generate up to 4,772
vehicles per day of the event. Pay parking will be offered at the onsite parking lots. Based on the
additional special event traffic and the potential for queuing to pay for parking, there is the
potential for localized congestion at ingress and egress points of the project and parking impacts
on City roadways during the four weekends of the proposed CORR event.
A traffic control plan is required to be prepared in accordance with City guidelines by the project
applicant and submitted for review and approval by the City Engineer prior to issuance of the
CUP. Elements of the traffic control plan would include, but not limited to, a description of the
signage, striping, delineate detours, flagging operations and any other devices which would be
used during events to guide motorists safely to parking locations from public roadways. The
traffic control plan would also include provisions for coordinating with local emergency service
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providers regarding event times and measures for bicycle lane safety. The Plan would address
parking plans for each parking lot, and would address methods to facilitate collection of parking
fees to minimize queuing on public streets. The Traffic Control Plan would ensure that access
and traffic flow would be maintained, and that emergency access would not be restricted.
Additionally, the Plan would ensure that congestion and temporary delay of traffic resulting from
the event and would be of a short-term nature. Implementation of the traffic control plan would
mitigate potential impacts to circulation and parking to less than significant.
Utilities and Service Systems
Utilities and service systems were addressed in MND IS-05-023 that concluded the 2005 CORR
event would not result in increased demand for utilities. Because the project would be a
temporary event, no permanent utilities would be constructed. Generators would provide power
for lighting and electricity. Portable restrooms and water would also be brought in for use during
the CORR event. Trash would be collected routinely throughout the event and disposed of in
approved disposal containers. Similar to the 2005 CORR event, the proposed events would not
result in significant impacts to utilities and services.
Thresholds
The project would not result in any of the identified growth management thresholds falling
below acceptable levels, as indicated in the discussion of public services, traffic and utilities and
services.
G. PUBLIC COMMENTS
Prior to preparation of the MND nS-06-01n a Notice of Initial Study was circulated to property
owners within a 500-foot radius of the project site and local agencies and organizations on
February 16, 2006. One comment was received that pertained to noise. Two additional
comments were received that did not address the adequacv of the MND.
Upon com1;Jletion of the MND nS-06-017). a Notice of Availability was posted in the County
Clerk's Office and circulated to propertY owners and residents within a 500-foot radius of the Project site
on March 14. 2006. The 30-dav public comment period closed on A1;Jril 12. 2006. Eight written
comments were received during the public review period including five from individuals and
three from public agencies. Issues raised included noise. air qualitv. biologv. water qualitv.
traffic. 1;Jublic safetv and lighting. Written responses to these comments are provided as
Attachment C to this Final MND. The Planning Commission held a public hearing on the
proiect on April 19. 2006. and three persons 1;Jrovided oral comments on the proiect. None of the
written or oral comments received during public review or at the Planning Commission hearing
raised new significant issues that are not alreadv addressed in this MND.
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H. MITGATION NECESSARY TO AVOID SIGNIFICANT IMPACTS
Project-specific mitigation measures are required to reduce potential environmental impacts
identified in this Mitigated Negative Declaration to a less than significant level. These
mitigation measures are listed below and included in the Mitigation Monitoring and Reporting
Program (MMRP) included as Attachment B to this MND.
Air Quality
1. The following project design features, have been included as mitigation measures to
assure their implementation, and shall be implemented during each phase of the project:
. Workers shall perform excavation, site preparation, materials handling, and
hauling in compliance with SDAPCD Regulation 4, Rules 52 and 54
regarding fugitive dust for Control of Fine Particulate Matter (PMIO).
Specific measures to be included in specifications shall address the
maintenance of adequate moisture content in soils to be excavated and
transported; the stabilization of exposed graded areas; the cleaning of paved
roads to be used as haul roads; paving or alternate treatment of unpaved roads
considered for haul roads; and prevention of soil track-out from disturbed
areas onto paved roads.
. Low emission mobile heavy equipment shall be used, where feasible.
. The contractors shall obtain applicable air quality permits for any portable or
stationary internal combustion engine subject to SDAPCD permit
requirements.
. To reduce fugitive dust, the graded area and the unpaved roads shall be
watered a minimum of twice a day to reduce PMIO levels.
. Truck speeds on unpaved roads shall not exceed 15 miles per hour.
. All trucks hauling materials subject to wind dispersal shall be watered and
covered.
. All disturbed soil areas not subject to re-vegetation shall be stabilized with
approved nontoxic soil binders, jute netting, or other methods, as appropriate.
. Idling time of trucks and other construction equipment shall be minimized.
. The streets shall be swept immediately when silt is carried over to adjacent
public thoroughfares.
. Site preparation operations shall be suspended when wind speeds (as
instantaneous gusts) exceed 25 mph.
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. Heavy equipment engmes shall be maintained by keeping them properly
tuned.
. Low sulfur fuel shall be used for stationary construction equipment.
. Existing power sources (e.g., power poles) or clean fuel generators rather than
temporary power generators shall be used, whenever feasible.
. The track shall be watered by a minimum of four trucks during each 15-
minute rest period.
. All parking lots on agricultural land shall be mowed such that roots of the
vegetation remain intact in order to provide soil stabilization.
. Parking lots and other areas with exposed dirt shall be watered to minimize
fugitive dust, as necessary.
. The entire length of the dirt roads from the paved streets to the parking lots
shall be covered with crushed asphalt.
2. As a condition ofproject approval, future grading activities within other areas of Village
Two (if approved) shall cease during all race activities to avoid cumulative air quality
impacts.
GeololIT and Soils
3. Prior to approval of the proposed CUP, the City Engineer shall approve erosion control
measures and erosion BMPs as identified in Appendix A (Implementation of Best
Management Practices for Storm Water Pollution Prevention at the Otay Ranch
Championship Race Track Site).
Hazards and Hazardous Materials
4. Prior to approval of the proposed CUP, the City's Director of Public Works shall review
and approve containment area BMPs as identified in Appendix A.
Hvdrolo!!:v and Water Quality
5. Prior to approval of the proposed CUP, the City Engineer shall review and approve
erosion control measures and erosion BMPs as identified in Attachment A.
6. Th~ applicant shall request a site inspection by the City's Public Works and Storm Water
Inspectors after completion of site preparation, and prior to each race event. If the
inspectors identify any violation of the BMPs, race events shall be delayed until such
BMPs are properly implemented.
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7. During race events, standby cleanup equipment and crews shall be available to respond to
potential hazardous material spills. Significant spills shall be reported to the appropriate
authorities and the City of Chula Vista as soon as such spill occur.
8. A qualified person shall be designated for monitoring and repair of BMPs. The name and
phone number of such person shall be provided to the Storm Water Management Section
prior to each race event.
Noise
9. Aerial filming of the race events will be restricted to one helicopter. Helicopter over
flight activities associated with the race event shall be prohibited within the no fly zone
as identified in Figure 4 of this MND.
Public Services
10. Prior to approval of the proposed CUP, the project applicant shall prepare a security plan
to be approved by the Chula Vista Police Chief prior to the start of the CORR events.
The security plan shall detail, among other items, the number of security personnel
provided, general distribution of security throughout the race event, and number of
uniformed Chula Vista police staff required.
11. Prior to approval of the proposed CUP, the project applicant shall prepare a medical plan
to be approved by the Chula Vista Fire Chief. The medical plan shall detail, among other
items, the variety of emergency medical services that can be provided by the contract
emergency medical company, chain of communication between event sponsor and
medical staff, number of ambulances present onsite and the number of uniformed Chula
Vista Fire Department staff needed onsite. A fully staffed Chula Vista Fire Department
engine will be onsite during all race events.
12. Prior to the approval of the proposed CUP, perimeter fencing will be shown around the
entire site on all plans, to the satisfaction of the City Engineer. Security personnel posted
shall be posted at all access points throughout the event.
13. Grandstands will be protected by 10,000 pound concrete barriers along the entire fTontage
of the grandstand area. In addition, a 10-foot high catch fence with steel cables will run
the entire length of the grandstand area.
14. The track will be situated 8 feet below the concrete barriers.
15. In accordance with the approved medical plan, emergency medical equipment and
personnel and ambulance will be present during the term of the race event.
16. In accordance with the approved security plan, both uniformed police and private security
personnel will be stationed onsite and offsite, as needed.
9-38
Page 27 of36
Trans1>ortation/Traffic
17. Prior to approval of the proposed CUP, a traffic control plan shall be prepared in
accordance with City guidelines to the satisfaction of the Police Chief and City Engineer.
Elements of the traffic control plan will include, but not limited to, a description of the
signage, striping, delineate detours, flagging operations and any other devices which will
be used during events to guide motorists safely to ingress locations ITom public roadways.
The traffic control plan will also include provisions for coordinating with local emergency
service providers regarding event times and measures for bicycle lane safety. The Traffic
Control Plan will ensure that access and traffic flow will be maintained, and that
emergency access will not be restricted. Parking lot attendants will direct attendees to
vacant parking spaces within the parking lots.
J. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant and Operator stipulate that they have each
read, understood and have their respective company's authority to and do agree to the mitigation
measures contained herein, and will implement same to the satisfaction of the Environmental
Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated
Negative Declaration with the County Clerk shall indicate the Applicant's and Operator's desire
that the Proj ect be held in abeyance without approval and that the Applicant and Operator shall
apply for an Environmental Impact Report.
~an;0 i. HunWI XCfftSOckf;'l{
Printed Name and Title of Applicant
(or authorized representative)
311 t..j /0 fa
Date
.
L~
r ,v .,;
Signature of Applicant
(or authorized representative)
3/1'-IIIJ &
Date
N/A
Printed Name and Title of Operator
(if different ITom Applicant)
Date
N/A
Signature of Operator
(if different from Applicant)
Date
9-39
Page 28 of36
City of Chula Vista
Marilyn Ponseggi, Environmental Review Coordinator
Marni Borg, Environmental Projects Manager
Charly Bull, Principal, RECON
Cheryl Johnson, Acoustical Analyst, RECON
Applicant and Applicant Representatives
James P. Baldwin, Applicant
Ranie Hunter, Applicant Representative
Joe Monaco, Elizabeth Doalson and Mike Komula, Dudek and Associates,
Valorie Thompson, Scientific Resources Associated
References
. Otay Ranch General Development Plan/Subregional Plan Program EIR (program EIR
90-01), October, 1993.
. Conditional Use Permit for Temporary Championship Off-Road Race Mitigated
Negative Declaration, City ofChula Vista, July 29, 2005.
. Otay Ranch Village 2 Racetrack Archaeological Review Letter, Brian F. Smith and
Associates, May, 2005.
. Otay Ranch Village 2 East Racetrack, Chula Vista California, Review of
Geotechnical Conditions, Geocon, May, 2005.
. Environmental Noise Assessment for the Temporary Off-Road Race Track, Dudek &
Associates, February 24, 2006.
. Biological Resources Report and Impact Assessment for Otay Ranch Villages Two
and Three, Dudek and Associates, March, 2005.
. Air Quality Technical Report for the Chula Vista Off-Road Racing Event, Scientific
Resources Associated, February, 2006.
. Draft Second Tier EIR for Villages Two, Three and Four (portion) SPA and TM, City
ofChula Vista, March 1,2006.
. Draft EIR for Village Seven SPA and TM, City of Chula Vista, October 12, 2004.
,
9-40
Page 29 of36
K ENVIRONMENTAL DETERMINATION
I [md that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because the mitigation measures described in this
document and the MMRP (Attachment B) have been added to the project or agreed to by the
Applicant prior to release of this document for public review. Such mitigation measures will
avoid or reduce the environmental effects of the proposed project to below significance. This
Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the
Guidelines for the California Environmental Quality Act (CEQA) as amended January 2005.
This report reflects the independent judgment of the City of Chula Vista. Further information
regarding the environmental review of this project is available from the Chula Vista Planning
Department, 276 Fourth Avenue, Chula Vista, CA 91910.
~~/t?~i) .
Marilyn R. F. Ponseggi
Environmental Review Coordinator
Date: ~-n/o~
. "
9-41
Page 30 of36
Orange
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Temporary Off-Road Race MND I EXHIBIT I
Regional Map 1
9-42
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9-43
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Temporary Off-Road Race MND I EXHIBIT I
No Fly Zone 4
9-45
TABLEl
Estimated Site Preparation Emissions
Emissibns(lb.s/day)
Emission Source CO ROG NOx SOx PM10
Fugitive Dust - - - - 79
Heavy Equipment Exhaust 13.47 1.68 36.89 0.03 1.16
Worker Travel- Vehicle Emissions 8.47 0.65 0.62 0,01 0.04
Total 21.94 2.33 37.51 0.04 80.20
SCAQMD CEQA sianificance threshold 550 137 100 150 150
Threshold exceeded? No No No No No
TABLE 2
Estimated Site Preparation Emissions - With Dust Control
. . ., .. ~ El1'Iissions(lbs/day).. ./.. .............. .
Emission Source CO ROG NOx SOx PM10
Fuqitive Dust - - - - 38.71
Heavv Equipment Exhaust 13.47 168 36,89 0,03 1.16
Worker Travel- Vehicle Emissions 8.47 0,65 0,62 0,01 0.04
Total 21.94 2.33 37.51 0.04 39.91
SCAQMD CEQA siqnificance threshold 550 137 100 150 150
Threshold exceeded? No No No No No
9-46
Page 35 of36
TABLE 3
Estimated Operational Emissions
'; PbUutantEmissions (Ibs/day)
CO I ROC NOx SOx PM10
Lbs/day - Qualifyin Events
Vehicular Emissions - Spectators 371.06 91.3 22.86 0.14 1.3
Concession Support Vehicles 1.42 0.21 0.39 0.00 0.0
Vehicular Emissions - Participants 15.11 1.84 1.47 0.01 0.1
Fugitive Dust - Racing Vehicles - - - - 593.1
Total 387.59 83.6 24.72 0.15 673.5
Significance Threshold 550 137 100 150 150
Above Sionificance Threshold? No No No No Yes
Lbs/day - Racing Events
Vehicular Emissions - Spectators 371.06 91.30 22.86 0.14 1.27
Concession Support Vehicles 1.42 0.21 0.39 0.00 0.00
Vehicular Emissions - Participants 15.11 18.4 1.47 0.01 0.11
Fugitive Dust - Racinq Vehicles - - - - 480.99
Total 387.59 93.35 24.72 0.15 482.37
Significance Threshold 550 137 100 150 150
Above Siqnificance Threshold? No No No No Yes
TABLE 4
Estimated Operational Emissions - With Dust Control
PollulantErnissi6ns Ibs/day) "
CO ROC NOx SOx PM10
Lbs/da~ - Qualifyin Events
Vehicular Emissions - Spectators 371.06 91.30 22.86 0.14 1.27
Concession Support Vehicles 1.42 0.21 0.39 0.00 0.00
Vehicular Emissions - Participants 15.11 1.84 1.47 0.01 0.11
Fugitive Dust - Racino Vehicles - - - - 48.1
Total 387.59 93.35 24.72 0.15 49.48
Significance Threshold 550 137 100 150 150
Above Siqnificance Threshold? No No No No No
Lbs/dav - Racing Events
Vehicular Emissions - Spectators 371.06 91.30 22.86 0.14 1.27
Concession Support Vehicles 1.42 0.21 0.39 0.00 0.00
Vehicular Emissions - Participants 15.11 1.84 1.47 0.01 0.11
Fugitive Dust - Racinq Vehicles - - - - 48.10
Total 387.59 93.35 24.72 0.15 49.48
Sionificance Threshold 550 137 100 150 150
Above SiC/nificance Threshold? No No No No No
9-47
Page 36 of36
~!~
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--'"
OlYOf
ENVIRONMENTAL CHECKLIST FORM CHULA VISTA
1. Name of Proponent: James P. Baldwin
2. Lead Agency Name and Address: City ofChula Vista
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
3. Addresses and Phone Number of Proponent: 610 West Ash Street
Suite 1500
SanDiego,CA 92101
4. Name of Proposal: Temporary Off-Road Race
5. Date of Checklist: March 8, 2006
6. Case No. IS-06-017
ENVIRONMENTAL ANALYSIS QUESTIONS:
ISSUES:
J. AESTHETICS. Would the project:
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
0 0 ~ 0
0 0 ~ 0
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
c) Substantially degrade the existing visual character or quality of
the site and its surroundings?
d) Create a new source of substantial light or glare, which
would adversely affect day or nighttime views in the area?
Comments:
The proposed project will be limited in scope and duration, and involves only minor site preparation for the proposed dirt track,
and parking, spectator and race-participant areas. Security lighting will be provided in the two pit areas and the proposed
camping area. While the proposed activities may be visible from some existing residential areas the use wouid be temporary
and would not permanently alter the aesthetic or visual character of the site.
o
o
o
o
~
o
o
~
4/27/2006
9-48
ISSUES:
less Than
Significant
Potentially With less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
II. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental
effects, lead agencies may refer to the California Agricultural land Evaluation and Site Assessment Model (1997) prepared
by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland.
Would the project::
a) Convert Pnme Fanmland, Unique Farmland, or Fanmland of D D IZJ D
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitonng
Program of the California Resources Agency, to non-agncultural
use?
b) Conflict with existing zoning for agncultural use, or a Williamson D D IZJ D
Act conb"act?
c) Involve other changes in the existing environment, which, D D IZJ D
due to their location or nature, could result in conversion of
Farmland, to non-agricultural use?
Comments:
The proposed project is not expected to interfere significantly with agricultural practices on the project site, due to the limited
duration and scope of the project. The proposed parking would be located in areas that were previously used for agncultural
activities; which were previously mowed for the 2005 race event. If re-growth has occurred within the time in-between the race
events these areas would need to be mowed for the 2006 race events. Mowing activities would clear the site leaving the roots
intact and therefore, implementation of the project would not preclude future ongoing agricultural use of the site.
III. AIR QUAliTY. Where available, the significance cnteria established by the applicable air quality management or air
pollution ccnb"ol district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obsb"uct implementation of the applicable air D D IZJ D
quality plan?
b) Violate any air quality standard or contribute substantially to an D D IZJ D
existing or projected air quality violation?
c) Result in a cumulatively considerable net increase of any cntena D D IZJ D
pollutant for which the project region is non-attainment under an
applicable federal or state ambient air quality standard
(including releasing emissions, which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantiai pollutant D D IZJ D
concentrations?
e) Create objectionable odors affecting a substantial number of D D IZJ D
people?
Comments:
Neither site preparation activities nor operational aspects of the project were determined to exceed significance thresholds for air
quality. Additional detail is provided in the Air Quality Assessment Report available at the City for review.
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans,
polioes, or regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
D
D
D
IZJ
412712006
9-49
2
b) Have a substantial adverse effect on any riparian habitat or
other sensitive natural oommunity identifiad in local or regional
plans, policies, regulations or by the Califomia Department of
Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(inciuding, but not limited to, marsh, vemal pool, ooastal, etc.)
through direct removal, filling, hydrological interruplion, or other
means?
d) Interfere substantially with the movement of any native resident
or migratory fish or wildlife species or with established native
resident or migratory wildlife oorridors, or impede the use of
native wildlife nursery sites?
e) Conftict with any local policies or ordinances protectlng
biological resouraes, such as a ~ee preservation policy or
ordinance?
~ Conftict with the provisions of an adopted Habitat Conservation
Plan, Natural Community Conservation Plan, or other
approved local, regional, or state habitat oonservation plan?
Comments:
The proposed activities would take place within areas that are mapped as developed, agriculture, and ruderal habitat. No
sensitive habitats or species are within the proposed footprint of the project. Therefore, the project would not result in any direct
impacts to sensitive biological resources. Due to the distance of the race track from the preserve, at least 150 feet, potential
indirect impacts to coastal California gnatcatcher, resulting from noise and lighting would not be generated. In addition potential
indirect impacts from drainage would not result due to 8MPs implemented for the 2005 race (refer to the hydrology section of the
MND). Therefore, impacts would be less than significant.
ISSUES:
Potentially
Significant
Impact
o
Less Than
Significant
With
Mitigation
Incorporated
o
No Impact
~
Less Than
Significant
Impact
o
o
~
o
o
o
o
~
o
o
~
o
o
o
o
~
o
V. CULTURAL RESOURCES. Would the project
a) Cause a substantial adverse change in the significance of aDD ~ 0
historical resouroe as defined in 915064.5?
b) Cause a substantial adverse change in the significance of an 0 0 ~ 0
archaeologica resourae pursuant to 9 15064.5?
c) Directly or indirectly destroy a unique paleontological resourae 0 ~ 0 0
or site or unique geologic feature?
d) Disturb any human remains, including those interred outside of ODD ~
fonnal cemeteries?
Comments:
The proposed project site has been previously graded for the 2005 race activities and other past uses such as stockpiling for
construction of Olympic Parkway. Site preparation activities would not involve any grading activities for the 2006 race events.
Therefore, no impacts to the previously recorded archeological sites would result. Refer to the cultural resources section of the
MND.
4/27/2006
9-50
3
ISSUES:
VI. GEOLOGY AND SOilS - Would the project
a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury or death involving:
i. Rupture of a known eart!lquake fauit, as delineated on the
most recent Alquist-Prioio Eart!lquake Fault Zoning Map
issued by the State Geologist for the area or based on
other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including liquefaction?
iv. landslides?
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or that
would become unstable as a resuit of the project, and
potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the
Uniform Building Code (1994), creating substantial risks to life
or property?
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposai systems
where sewers are not available for the disposal of
wastewater?
Comments:
A preliminary geotechnical investigation performed on the project site indicates that the no geotechnical hazards exist within the
project vicinity that would have the potential to impact the proposed uses. Site preparation would have the potential to result in
erosion impacts. Erosion control measures and erosion Best Management Practices will be identified in the Impiementation of
Best Management Practices for Storm Water Pollution Prevention at the Otay Ranch Championship Race Track Site, as part of
the MND. With implementation of the proposed measures, impacts would be less than significant.
.
VII. HAZARDS AND HAZARDOUS MATERIALS. Would the
project:
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
invoiving the release of hazardous materials into the
environment?
cJ Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Govemment Code section
65962.5 and, as a result. would it create a significant hazard to
the public or the environment?
e) For a project located within an airport land use plan or, where
such a plan has not been adopted, within two miles of a public
Potentially
Significant
Impact
less Than
Significant
With
Mitigation
Incorporated
less Than
Significant
Impact
No Impact
o
o
o
o
o
o
o
IZI
o
o
o
o
IZI
412712006
9-51
4
o
o
IZI
o
o
o
o
o
o
o
o
IZI
o
IZI
IZI
IZI
o
IZI
o
o
IZI
o
o
o
o
IZI
o
o
IZI
o
o
o
IZI
o
o
IZI
o
o
o
ISSUES:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
impact
airport or public use airport, would the project result in a safety
hazard for peeple residing or working in the project area?
o For a project within the vicinity of a pnvate airstrip, would the D D D ~
project result in a safety hazard for peeple residing or working in
the project area?
g) Impair implementation of or physically interfere with an adopted D D D ~
emergency response plan or emergency evacuation plan?
h) Expose people or structures to a significant risk of loss, D D D ~
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Comments:
The proposed project includes features that are incorporated into the project design that provide control over the use of
hazardous materials (gasoline and engine fluids) associated with the proposed activities. Specifically, all of the vehicle wash out
and oil storage areas will be lined with impervious materials to prevent the release of fluids. All vehicle fluids will be collected
and disposed of in accordance with federal, state, and local requirements. In addition, a Traffic Control Plan will address traffic
issues and access for emergency vehicles. Therefore, impacts would be less than significant.
VIII. HYDROLOGY AND WATER QUALiTY. Would the project:
a) Resuit in an increase in pollutant discharges to receiving waters
(including impaired water bodies pursuant to the Clean Water
Act Section 303(d) list), result in significant alteration of
receiving water quality dunng or following construction, or
violate any water quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowenng of the local
groundwater table level (e.g., the production rate of pre-existing
nearby wells would drop to a level which would not support
existing land uses or pianned uses for which penmits have been
granted)? Result in a potentially significant adverse impact on
groundwater quality?
c) Substantially alter the existing drainage pattem of the site or
area, including through the alteration of the course of a stream
or nver, in a manner, which would result in substantial erosion
or siltation on- or off-site?
d) Substantially alter the existing drainage pattem of the site or
area, including through the alteration of the course of a stream
or nver, substantially increase the rate or amount of surface
runoff in a manner which would result in ftooding on- or off-site,
or place structures within a 100-year flood hazard area which
would impede or redirect flood flows?
e) Expose people or structures to a significant nsk of loss, injury or
death involving flooding, including flooding as a result of the
failure of a levee or dam?
o Create or contribute runoff water, which would exceed the
capacity of existing or planned stonmwater drainage systems or
provide substantial additional souraes of polluted runoff?
D
~
D
D
D
D
D
~
D
~
D
D
D
D
D
~
D
D
~
D
D
D
D
~
412712006
9-52
5
ISSUES:
Potentially
Significant.
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
Only minor site preparation activities would occur due to previous grading activities at the project site for the 2005 race event.
However, minor clearing of the site would require BMPs to control erosion and water quality impacts (refer to MND). Because of
the scope of activities proposed and the short duration of the proposed project, it would not have the ability to substantially aiter
the flow of surface or groundwater. In addition, the project would not invoive pumping of groundwater and would therefore not
result in the possibility of depietion of groundwater supplies. The project site is not within a 100-year flood plain and does not
propose construction of permanent structures. The project would not discharge to an existing storm drain system, and would
therefore have no impact upon storm water conveyance capacities.
IX. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? 0 0 0 t2J
b) Conflict with any applicable land use plan, policy, or regulation 0 0 0 t2J
of an agency with jurisdiction over the project (induding, but not
limited to the general plan, specflc pian, local coastal program,
or zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicabie habitat conservation plan or natural 0 0 0 t2J
community conservation pian?
Comments:
The proposed project would not permanently alter land use or propose any changes to existing or planned uses. As such, the
project would not divide an established community or conflict with any land use plans or policies adopted for the purposes of
avoiding or mitigating an environmental effect. The project would also be consistent with the City of Chula Vista MSCP Subarea
Plan, as it is located within a 100% development area of a Covered Project. Therefore, the project would not result in any
impacts to land use and planning.
X. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource that 0 0 0 t2J
would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally-important mineral 0 0 0 t2J
resource recovery site delineated on a iocal general plan,
speciflc pian or other land use plan?
Comments:
No locally-important mineral resources are located within the project site. Further, the project would not involve extensive
excavation or earthwork (including import or export of materials) that would have the potential to result in a loss of resources.
Therefore, no impacts to mineral resources are anticipated.
XI. NOISE. Would the project resultin:
a) Exposure of persons to or generation of noise levels in excess
of standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive groundbome
vibration or groundbome noise ieveis?
c) A substantial permanent increase in ambient noise levels in the
project vicinity above levels existing without the project?
o
o
t2J
o
o
o
o
o
t2J
o
o
t2J
d) A substantial temporary or periodic increase In ambient noise
o
o
t2J
o
4/2712006
9-53
6
ISSUES:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
levels in the project vicinity above levels existing without the
project?
e) For a project located within an airport land use plan or, where 0 0 0 t8J
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project expose pecple
residing or working in the project area to excessive noise
levels?
D For a project within the vicinity of a private airstrip, would the 0 0 0 t8J
project expose people residing or working in the project area to
excessive noise levels?
Comments:
Construction noise would be generated by diesel engine driven construction equipment which is anticipated to be used for minor
clearing activities. Additional noise would be generated by normal site preparation activities, such as the use of power
equipment. Limitations on site preparation activities are considered to mitigate short-term noise impacts to less than significant
levels.
In consideration of ambient sound levels, project related noise levels were modeled and are anticipated to exceed the 55 dB
threshold by 2 dB at the nearest residence to the east. Noise model measurements were also conducted for the nearest
reported coastal California gnatcatcher (CAGN) location and for the nearest resident in Village 1, These measurements
amounted to 55 dB and 59 dB respectively. The 55 dB measurement for the CAGN location is beiow the United Fish and
Wildlife Service threshold of 60 dB; and the 59 dB at the residents to the north is actuaily lower than the existing weekend noise
levels due to traffic along Olympic Parkway.
The proposed project is a temporary event ciasslfied as an occasional outdoor gathering. Such temporary uses are not covered
by provisions of the Noise Ordinance. There is no threshold for short-term impacts such as this use. Therefore, noise generated
by the project would not result in a significant noise impact. The project is aiso not located In proximity to a public or private
airport that would result in noise impacts on proposed uses. Therefore, the project would not result in a substantial temporary or
periodic Increase in ambient noise levels in the project vicinity above levels existing without the project.
XII. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either directly 0 0 0 t8J
(for example,' by proposing new homes and businesses) or
indirectly (for example, through extension of road or other
infrastructure)?
b) Displace substantial numbers of existing housing, necessitating 0 0 0 t8J
the oonstruction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the 0 0 0 t8J
oonstruction of replacement housing elsewhere?
Comments:
The proposed project wouid not change land uses or propose activities that would affect population or housing growth.
XIII. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical impacts associated with
the provision of new or physically altered govemmental
facilities, need for new or physically altered govemmental
fadlities, the oonstruction of which oould cause significant
412712006
9-54
7
.
ISSUES:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
environmental impacts, in order to maintain acceptable service
ratios, response times or other performance objectives for any
public services:
Fire protection? 0 i:8J 0 0
Police protection? 0 i:8J 0 0
Schools? 0 0 0 i:8J
Parks? 0 0 0 i:8J
Other public facilities? 0 0 0 i:8J
Comments:
The proposed project would not involve changing land uses that would result in increased permanent demand for public services
personnel, equipment and facilities or result in changes in service levels. The proposed project has the potential to result in
hazards associated with accidents during the race events and therefore create a temporary increase in demand for police and
fire services. The closest fire station that would respond to an incident at the project site is located at 1640 Santa Venetia,
approximately one-half mile to the east. In order to reduce impacts associated with accidents, security and safety, measures
would mitigate potential impacts to less than significant. Implementation of the accident prevention and security/safety
measures during site preparation and operation of the CaRR would reduce impacts to less than significant.
XIV, RECREATION, Would the project
a) Increase the use of existing neighborhood and regional 0 0 0 i:8J
parks or other recreational facilities such that substantiai
physical deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or require the 0 0 0 i:8J
construction or expansion of recreational facilities which
have an adverse physical effect on the environment?
Comments:
The proposed project would not involve changing land uses that would result in increased demand for recreational facilities or
services.
.
'tN. TRANSPORTATION I TRAFFIC. Would the project:
a) Cause an increase in traffic which is substantial in relation to the
existing traffic load and capacity of the street system (i.e., result
in a substantial increase in either the number of vehicle trips,
the volume to capacity ratio on roads, or congestion at
intersections)
b) Exceed, either individually or cumulatively, a level of service
standard established by the county congestion management
agency for designated roads or highways?
c) Result in a change in air traffic pattems, including either an
increase in traffic levels or a change in location that results in
substantial safety risks?
d) Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses
(e.g., farm equipment)?
e) Result in inadequate emergency access?
~ Result in inadequate parking capacity?
o
i:8J
o
o
o
o
o
i:8J
o
o
o
i:8J
o
o
o
i:8J
o
o
o
o
o
i:8J
i:8J
o
412712006
9-55
B
ISSUES:
Potentially
Significant
Impact
o
Less Than
Significant
With
Mitigation
Incorporated
o
Less Than
Significant
Impact
o
No Impact
~
g) Conflict with adopted policies, plans, or programs supporting
altemative transportation (e.g., bus tumouts, bicycle racks)?
Comments:
It is estimated that approximately 4,800 vehicles per day of the event would access the site, via Oiympic Parkway and La Media
Road. It is not anticipated that the additional traffic associated with the event would result in unacceptable levels of service on
any affected roadway. However, there is the potential for localized congestion at ingress and egress points of the project and
parking impacts on City roadways during the two weekends that the CORR event will be held. The project is proposing to
provide 7,660 parking spaces during event activities; therefore adequate parking will be provided. To avoid potentiai for
significant impacts, a traffic control plan would be prepared by the project applicant and submitted to the City of Chula Vista for
review and approval, prior to project approval. The preparation of a traffic control plan would mitigate potential 'impacts to
circulation to less than significant. Elements of the traffic control plan wouid include, but not limited to, security personnel (to
hinder event goers from parking in residential areas), signage, location of event staff directing traffic, and points of
ingress/egress.
XVI. UTILITIES AND SERVICE SYSTEMS. Would the projecl:
a) Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
b) Require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
c) Require or result in the construction of new stonm water
drainage faciiities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
d) Have sufficient water supplies available to serve the project
from existing entitiements and resources, or are new or
expanded entitlements needed?
e) Result in a detenmination by the wastewater treatment provider
which serves or may serve the projecl that it has adequate
capacity to serve the projecrs projected demand in addition to
the providers eJdsting commitments?
o
o
o
o
o
o
~
~
~
~
~
~ Be served by a landfill with sufficient penmitled capacity to 0 0 ~ 0
accommodate the projects solid waste disposal needs?
g) Comply with federal, state, and local statutes and regulations 0 0 ~ 0
related to solid waste?
Comments:
The proposed project would not involve changing land uses or activities that would result in increased demand for utilities.
o
o
o
o
o
o
o
o
o
XVII. THRESHOLDS: Will the proposal adversely impact the City's Threshold Standards?
A) Ubrarv
The City shall construct 60,000 gross square feet (GSF) of additional
library space, over the June 30, 2000 GSF total, in the area east of
Interstate 805 by buildout The construction of said faciiities shall be
phased such that the City will not fall below the citywide ratio of 500
GSF per 1,000 population. Ubrary facilities are to be adequately
equipped and staffed.
o
o
o
~
4/27/2006
9-56
9
ISSUES:
B) Police
a) Emergency Response: Properly equipped and staffed police
units shall respond to 81 percent of 'Priority One" emergency
calls within seven (7) minutes and maintain an average response
time to all "Priority One" emergency calls of 5,5 minutes or less,
b) Respond to 57 percent of "Priority Two" urgent calls within seven
(7) minutes and maintain an average response time to all "Priority
Two" calls of 7,5 minutes or less,
e) Fire and Emeroencv Medical
Emergency response: Properiy equipped and staffed fire and
medical units shail respond to calls throughout the City within 7
minutes in 80% of the cases (measured annually),
D) Traffic
The Threshold Standards require that ail intersections must operate
at a Level of Service (LOS) "C" or better, with the exception that
Level of Service (LOS) "D" may occur during the peak two hours of
the day at signalized intersections, Signaiized intersections west of
1-805 are not to operate at a LOS below their 1991 LOS, No
intersection may reach LOS "E" or "F" during the average weekday
peak hour, Intersections of arterials with freeway ramps are
exempted from this Standard,
E) Parks and Recreation Areas
The Threshold Standard for Parks and Recreation is 3 acres of
neighbomood and community parkland with appropriate facilities
/1,000 popuiation east of i-80S,
F) Drainaoe
The Threshold Standards require that storm water flows and
volumes not exceed City Engineering Standards, Individual projects
will provide necessary improvements oonsistent with the Drainage
Master Plan(s) and City Engineering Standards,
G) Sewer
The Threshold Standards require that sewage flows and volumes not
exceed City Engineering Standards, Individual projects will provide
necessary improvements oonsistent with Sewer Master Plan(s) and
City Engineering Standards,
H) Water
The Threshold Standards require that adequate storage, treatment
and transmission facilities are oonstructed ooncurrently with planned
growth and that water quality standards are not jeopardized during
growth and oonstruction.
Applicants may also be required to participate in whatever water
oonservation or fae off-set program the City of Chula Vista has in
effect at the time of building permit issuance.
Comments: See comments under section XIII and XIV,
Potentially
Significant
Impact
o
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
!:8:1
!:8:1
!:8:1
o
o
o
o
Less Than
Significant
Impact
o
o
o
o
o
o
o
No Impact
o
o
o
!:8:1
!:8:1
!:8:1
!:8:1
412712006
10
9-57
ISSUES:
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality of the 0 0 ~ 0
environmen~ substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self.
sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of
the major periods of Califomia history or prehistory?
b) Does the project have impacts that are individually limited, but 0 0 ~ 0
cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the
effects of other current project, and the effects of probabie
future projects.)
c) Does the project have environmental effects which will cause 0 0 ~ 0
substantial adverse effects on human beings, either directiy or
indirectly?
Comments:
Due to the limited scope, temporary nature and time frame for the proposed activities, it is not anticipated that the project would
result in significant environmental effects.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
XIX. PROJECT REVISIONS OR MITIGATION MEASURES
See ML"ID
4/27/2006
9-58
11
XX. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant
Unless Mitigated," as indicated by the checklist on the previous pages.
D Land Use and Planning
D Population and Housing
[8] Geophysical
D Agricultural Resources
[8] Hydrology/Water
D Air Quality
D Threshold Standards
[8] Transportation/Traffic
D Biological Resources
D Energy and Mineral
Resources
[8] Public Services
D Utilities and Service Systems
D Aesthetics
D Cultural Resources
[8] Hazards and Hazardous
Materials
D Noise D Recreation
D Mandatory Findings of Significance
4/27/2006
9-59
12
XXI. DETERMINATION
On the basis ofthis initial evaluation:
I find that the proposed project could not have a significant effect on the D
environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant effect on the ~
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the
proj ect. A Mitigated Negative Declaration will be prepared.
I find that the proposed project may have a significant effect on the D
environment, and an Environmental Impact Report is required.
I find that the proposed project may have a significant effect(s) on the environment, D
but at least one effect: 1) has been adequately analyzed in an earlier document
pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets, if the effect is
a "potentially significant impacts" or "potentially significant unless mitigated." An
Environmental Impact Report is required, but it must analyze only the effects that
remain to be addressed.
I find that although the proposed project could have a significant effect on the D
environment, there will not be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier
ErR, including revisions or mitigation measures that are imposed upon the proposed
project. An addendum has been prepared to provide a record of this determination.
/?;~/ r9~~'
Marilyn R.F. Ponseggi
Environmental Review Coordinator
City ofChula Vista
~/c:r7ft&
r "
Date
4/2712006
9-60
13
ATTACHMENT A
IMPLEMENTATION OF BEST MANAGEMENT PRACTICES
FOR
STORM WATER POLLUTION PREVENTION
AT THE
OTAY RANCH CHAMPIONSHIP RACE TRACK SITE
The Otay Ranch Championship Race Track site improvements were completed in September of
2005. There were two previous race events conducted during consecutive weekends of September
23 to 25, and September 30 to October 2, 2005. An approved, site-specific Storm Water Pollution
Prevention Plan was developed for the site, and was used during the construction and previous
operation activities at the site.
As all construction related activities at the site have been completed, a Notice of Termination has
been filed with the State of Califomia, leaving future operations at the site subject to regulation
under the jurisdiction of the City of Chula Vista Storm Water Ordinance, County of San Diego
Hazardous Waste Storage and Disposal Regulations, and current NPDES regulations.
It is the intention of James P. Baldwin and Associates to take all necessary precautions to prevent
any instances of storm water pollution from occurring due to activities at this site. In order to
achieve and maintain compliance with all applicable storm water regulations, all operations at the
site will incorporate the use of Best Management Practices as described in the previously
submitted SWPPP, as approved by the City of Chula Vista, as well as any future requirements
imposed by the City.
Best Management Practices have been developed for race events at the Otay Ranch
Championship Race Track Site, and will be implemented before any vehicle traffic is permitted on
the race course.
A description of these BMP's would include the following:
EXISTING BMP's
Construction Activities - There are no permanent structures on the site. Improvements consist of a
temporary race track, installation of temporary bleachers, fencing, vendor facilities (trailers),
portable sanitation, access roads, parking lots, material storage areas, pit areas, vehicle wash
station, hazardous waste storage area, and trash storage areas. All improvements will be removed
from the site after the final race event.
Erosion / Sediment Control- BMP's for erosion and sediment control include, but are not limited to
the use of geo-textiles, erosion control blankets, tackifier and bonded fiber matrix (BFM). Silt
fences are used at the perimeter of disturbed areas, with gravel bag reinforcement in all areas of
concentrated flows. In natural watercourses, additional gravel bags are used to supplement silt
fences, providing additional erosion control. The locations of erosion control BMP's are shown on
the Erosion Control map (E-2).
Stabilization - All disturbed areas are temporarily stabilized, until permanent methods of
stabilization can be utilized. Temporary and permanent example BMP's for sediment control
1
9-61
include but are not limited to the use of silt fences, gravel bags, fiber rolls and sedimentation
basins. When placing gravel bags around existing inlets within the vicinity and downstream of the
construction site, special caution will to be taken if these affected inlets are in a traveled roadway.
It will be the responsibility of the James P. Baldwin and Associates to take precautionary measures
to warn motorists, bicyclists, and/or pedestrians that there are gravel bags in the traveled way.
These measures might include warning signs, cones, construction horses with flashing lights, or
whatever means necessary.
Finally, the racetrack is graded along ridges such that all runoff from the track drains toward a
treatment BMP where ever possible, and does not drain directly toward the Wolf Canyon MSCP
preserve. Treatment BMPs such as bio-swales, hay bales, etc are used in areas of minor slopes
where runoff does not drain directly to a retention basin.
RACE EVENT BMP's
Containment Areas - BMP's utilized during Race Events include secondary containment at pit
areas, vehicle wash stations, portable bathrooms, trash disposal and materials storage areas.
Additionally, fuel storage and used oil collection areas are bermed and double-lined to ensure no
outfows. Vactor trucks are used to remove runoff from the containment areas and the collected
runoff is disposed of in accordance with City standards. Hazardous materials are placed in
containers that prevent contact with runoff and spillage to the storm water conveyance system.
Secondary containment, such as berms or dykes, is also provided. Hazardous Waste containers
have secondary containment and remain covered at all times. Run-on from adjacent areas is
prevented from coming into contact with the containment areas. Storage, wash, and maintenance
areas are sufficiently impervious to contain leaks and spills. Attached lids are provided on all trash
containers to minimize direct precipitation.
Site Runoff - Three desilt basins are designed as retention basins, and thus, no runoff is allowed to
discharge from these basins. At the conclusion of each racing event, accumulated debris and
pollutants is removed from the basins and disposed of in accordance with City standards. A
perimeter fence is located between the grading limits and the MSCP preserve line to prevent the
intrusion of trash, debris or sediment to the MSCP area.
Maintenance - Dust and trash control measures are included as well. To further inhibit sediment
accumulation, the track is watered between races. Onsite trash collection is provided throughout
the event. Parking areas are graded, with silt fences and bio-filters along the perimeter to treat oil
and grease from parked vehicles. A vegetative buffer surrounding the site to within 100' from the
disturbed area will remain planted in hay for the duration of the project.
There are no permanent utilities at the site. Generators, water trucks, a vactor truck, and portable
bathroom facilities are utilized. No temporary facilities will remain on site after the final race event.
Long term maintenance of all BMP's in use at the Race Track Project Site are the responsibility of
James P. Baldwin and Associates who guarantee performance of proper BMP maintenance by the
posting of a performance bond as required by the City of Chula Vista.'
Access Roads - There are proposed access roads into the site. These are used for public access
during race events. The north entrance from Olympic Parkway runs southeast toward the material
storage and delivery area, which is used as a public parking area during race events. The east
entrance from La Media Road runs west towards the vendors' entrance and parking area during
race events. Each of these access roads has a crushed asphalt base 6" in depth, for the first 200'
from the point of entry. Maintenance will be continuous during race events. James P. Baldwin &
9-ff2
Associates and Championship Off Road Racing (CORR) will be responsible for the maintenance of
these construction entrances and all other BMP's described herein,
Trackinq - To insure that no tracked sediment reaches the storm drain system, a sweeper truck is
employed to remove any sediment deposited onto Olympic Parkway or La Media Road due to
increased traffic during race events. All efforts are made to prevent mud from being tracked onto
public roads. In no case will vehicles be permitted to drive on, or park in muddy areas, or to leave
the site without first removing any accumulations of loose mud. In the event of rain, all race events
will be rescheduied.
Wind Erosion/Dust Control - Silt fencing is provided between the edge of grading and the MSCP
preserve line to prevent intrusion of trash, debris or sediment to the MSCP area. This BMP is
designed to capture wind-blown pollutants. To enhance the dust control efforts, the track will be
watered extensively between races. To enhance trash control efforts, onsite trash collection is
provided throughout race events.
POST CONSTRUCTION BMP's
Desilt Basins - Runoff from the track surface drains to one of three proposed desilt basins. These
basins are designed as retention basins. In other words, no runoff is allowed to discharge from
these basins. At the conclusion of racing events, these basins will be eliminated as the re-grading
project is completed. The existing desilt basin located near the intersection of Heritage Road and
Olympic Parkway will remain and will serve as treatment for runoff from a portion of the site
including the east access road.
Site Runoff - A perimeter fence is located between the grading limits and the MSCP preserve line
to prevent the intrusion of trash, debris or sediment to the MSCP area.
Re-veqetation - Existing vegetation has been retained where ever possible. Disturbed areas of
the site will be re-graded after the final race event to allow re-vegetation using hay as the primary
method of soil stabilization.
FUTURE SITE CONSIDERATIONS
BMP's for the prevention of Storm Water Pollution, including but not limited to the above described
items, will remain in place until the conclusion of race events at this location.
Future plans for the site include development of 810 acres to include the current race track site, as
well as adjoining acreage. Mass grading of the site is scheduled to begin some time in 2007,
pending project approval and permit issuance. A site specific SWPPP along with approved BMP's
will be implemented prior to the start of grading.
3
9-63
ATTACHMENT B
Mitigation Monitoring Reporting Program
This Mitigation Monitoring Reporting Program (MMRP) is prepared for the City of Chula Vista
in conjunction with the proposed Otay Ranch Conditional Use Pennit for Temporary
Championship Off-Road Race 2006 (MND IS-06-017). The proposed project has been
evaluated in a Mitigated Negative Declaration (MND) prepared in accordance with the
California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. The
legislation requires public agencies to ensure that adequate mitigation measures are implemented
and monitored on Mitigated Negative Declarations. The Mitigation Monitoring Reporting
Program for this project ensures adequate implementation of mitigation for the following
potential impacts(s):
1. Air Quality
The proposed project is not anticipated to result in significant impacts to air quality. During site
preparation, emissions would be generated from site preparation equipment exhaust and their
transport to and from the site, dust generated by site preparation regarding the temporary
racetrack, exhaust from cars and trucks of workers at the site (commute and non-commute), and
exhaust from a diesel trucks used for watering. Based on air quality modeling conducted for the
project site preparation phase, calculations of air emissions were detennined to be below
significance thresholds. During race events, the primary source of emissions created by the
project would be automotive traffic from spectators, employees, support vehicles, and the race
participants. Air quality modeling conducted for the race event phase was detennined to below
significance thresholds, with the implementation of project design features. Therefore, the
project design features have been included in this MMRP to assure their implementation.
2. Geology and Soils
The proposed project has the potential to result in significant erosion impacts during the site
preparation phase, race event phase and the post-event phase. Erosion control measures and
erosion Best Management Practices (BMPs) identified in Attachment A, would mitigate potential
impacts resulting from erosion to less than significant. The BMPs would be prepared to the
satisfaction of the Director of Public Works and are required mitigation measures included in this
MMRP.
4/27/06
9'"'164
3. Hazards and Hazardous Materials
The proposed project has the potential to result in significant impacts associated with leaks/spills
of hazardous materials/waste. Implementation of BMPs during all phases of the project would
mitigate potential impacts associated with hazardous materials/waste to less than significant.
The BMPs would be prepared to the satisfaction of the Director of Public Works and are required
mitigation measures included in this MMRP.
4. Hydrology and Water Quality
.
The project would involve a number of activities that have the potential to result in potential
impacts to hydrology and water quality. During site preparation, clearing/leveling of the track
would occur which may result in exposed soil. During race events, urban runoff from the
improved site has the potential to contribute pollutants, including oil and grease, suspended
solids, metals, gasoline, and pathogens to the receiving waters. Once the CORR event is
complete, some portions of the site may be exposed and susceptible to erosion. BMPs would be
implemented at each phase of the project to mitigate potential impacts to less than significant
levels. The BMPs would be prepared to the satisfaction of the Director of Public Works and are
included as mitigation measures in this MMRP.
5. Noise
The proposed project has the potential to result in significant impacts associated with noise to
sensitive bird species within coastal sage scrub (CSS) habitat located in the MSCP Preserve. In
order to reduce potential noise impacts to sensitive bird species, a no fly zone has been identified
in Figure 5 of the Environmental Noise Assessment prepared for this project. The no fly zone
prohibits helicopters to fly within 1,500 feet of designated CSS habitat areas within the MSCP
Preserve. In addition, aerial filming of race events will be restricted to one helicopter.
Implementation of this mitigation measure would reduce noise impacts to sensitive bird species
to less than significant.
6. Public Services
.
The proposed proj ect has the potential to result in hazards associated with accidents during the
race events and, therefore, creates a temporary increase in demand for police, emergency medical
and fire services. In order to reduce impacts associated with accidents, security and safety,
measures included in this MMRP, such as preparation of a security and medical plan to the
satisfaction of the City Police and Fire Chief, would mitigate potential impacts to less than
significant.
4/27/06
9-1) 5
7. Transportation/Traffic
It is not anticipated that the additional traffic associated with the event would result in
unacceptable levels of service on any affected roadway. However, there is the potential for
localized congestion at ingress and egress points of the project and parking impacts on City
roadways during the two weekends that the CORR event would be held. To avoid potential for
significant impacts, a traffic control plan would be prepared in accordance with City guidelines
by the project applicant and submitted to the City of Chula Vista Engineering for review and
approval, prior to approval of the proposed project. The preparation of a traffic control plan
would mitigate potential impacts to circulation and parking to less than significant.
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator
shall be the Environmental Review Coordinator for the City of Chula Vista. It shall be the
responsibility of the applicant to ensure that the conditions of this MMRP are met to the
satisfaction of the Environmental Review Coordinator. Evidence in written form confirming
compliance with the mitigation measures specified in the MMRP for the Temporary Off-Road
Race Project (MND IS-06-0l7) shall be provided by the applicant to the Environmental Review
Coordinator. The Environmental Review Coordinator will thus provide the ultimate verification
that the mitigation measures have been accomplished.
4/27/06
9-jj 6
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9-99
Planning & Building Department
Planning Division
CIlY OF
CHUlA VISfA
APPLICATION . DEVELOPMENT PROCESSING . TYPE A
Part 1
Type of Review Requested
i:2:] Conditional Use Permit
o Design Review
o Variance
o Special Use Permit (redevelopment area only)
o Misc.
Application Information
Applicant Name James P. Baldwin
Applicant Address 610 West Ash Street. Suite 1500. San Dieoo. CA 92101
Contact Name Ranie Hunter Phone 619-234-4050 ex! 107
Applicant's Interest in Property (If applicant is not the owner, th authorization signature at the end of this form Is
required to process this request.) ~ Own 0 Rent 0 Other:
ArchitecVAgent: Address:
Contact Name: Phone:
Primary contact is: ~ Appiicant 0 ArchitecVAgent ~ Email ofprimarycontact:rhunter@otavranch.com
General Project Description (all types)
Project Name: Temporary Off-Road Race Track Proposed Use: Temporary Off-Road Racino
General Description of Proposed Project: Off-Road race and associated activities 5/20-21/06. 7/22-23/06.9/23-
24/06. 10/21-22106
Has this project received pre-application review comments? 0 Yes (Date:)
ONo
Subject Property Information (all types)
Location/Street Address: Otav Ranch Villaoe 2 and a portion of Villaoe 4
Assessor's Parcel #: see attached Total Acreage: Redevelopment Area (if applicable): NO
General Plan Designation: PIC Zone Designation:
Planned Community (if applicable): Otav Ranch
Current Land Use: Vacant aoriculturalland Within Montgomery Specific Plan? 0 Yes ~ No
Proposed Project (all types)
Type of use proposed: 0 Residential DCommercial 0 Industrial [gJ Other:TemDorarv
Landscape Coverage (% of lot): Building Coverage (% of lot):
276 Fourth Avenue I Chula Vist,!h- tall},mia I 91910 I (619) 691-5101
Temporary Conditional Use Permit for Off-Road Race Track
APN Numbers:
644-030-14
644-030-16
644-030-17
644-030-18
644-030-19
644-030-21
9-101
Planning & Building Department
Planning Division I Development Processing
cm Of
CHUlA VISTA
APPLICATION APPENDIX A
Project Description & Justification
Project Name: Temporary Off-Road Race
Applicant Name: James P. Baldwin
Please fully describe the proposed project, any and all construction that may be accomplished as a result of
approval of this project, and the project's benefits to yourself, the property, the neighborhood, and the City
of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the
proposed project. You may include any background information and supporting statements regarding the
reasons for, or appropriateness of, the application. Use an addendum sheet if necessary.
For all Conditional Use Permits or Variances, please address the required "findings" as listed in the
Application Procedural Guide.
DESCRIPTION AND JUSTIFICATION: Temporary Championship Off-Road Race. The proposed project is
a series of off-road racinq events on the Otay Ranch Villaqe Two and a portion of Villaqe Four properties
located south of Olympic Parkway. east of Heritaqe Road and west of La Media Road. The events will
occur on four weekends. May 20-21. July 22-23. September 23-24. and October 21-22. 2006. Site
preparation will beqin about May 1. 2006 and post-event clean-up will be required. Site preparation will
include temporary clearinq of a dirt track, and parkinq, spectator and race-participant areas. The event area
will occur on aqriculturalland. The event area will be fenced. and will be set back from the Multiple Species
Conservation Proqram (MSCP) Preserve by at least 100 feet. Vehicular entrances to parkinq lots will be
from Olympic Parkway and La Media Road. Event sponsors and the City will provide fire. police. and
emerqency services. A temporary traffic control plan has been developed to facilitate arrival and departure
from three parkinq lot areas. Up to 500 overniqht campinq spots on site is also proposed. Races will occur
durinq daytime hours. Temporary niqht liqhtinq will be provided. An existinq Storm Water Pollution and
Prevention Plan (SWPPP) will be implemented to address non-stonm water discharqes. The project
requires a Conditional Use Permit for the race events.
276 Fourth Avenue I Chula Vista9HUJilbrnia I 91910 I (619) 691-5101
CORR Race Schedule - Chula Vista
International Off Road Racewav
May 20-21, 2006
July 22-23, 2006
September 23-24, 2006
October 21-22, 2006
Tentative
FRIDAY
SATURDAY
SUNDAY
GATES OPEN
REGISTRATION
7:00AM
lOAM - 6PM
7:00AM
7:00-8AM
7:00AM
TECH INSPECTION
(Pro)
TECH INSPECTION
(Sportsman)
DRIVERS MEETING
lOAM - 6PM 7:30AM-9:30AM 8:30AM-9:30AM
10AM-6PM 7:30AM-9:30AM 8:30AM-9:30AM
2:00 PM 9:00 AM 9:00 AM
------------------------------------------------------------------------------------------------------------------
FRIDAY
SATURDAY
SUNDAY
lO:00AM-6:00 PM
Practice
(All vehicles must tech before practice)
9:30-10:30 AM
11:00-11:15
Practice Practice
ATV Exhibition A TV Exhibition
Pro-2 Pro-2
Single Buggy Single Buggy
Intermission Intermission
Pro Lite Pro Lite
Pro-4 Pro-4
Pro-2 Cup Pro-2 Cup
11 :35-11 :50
12:05-12:20 PM
12:35-12:50
1 :05-1 :20
1 :35-1 :50
2:25-2:40
9-103
APPLICATION . DEVELOPMENT PROCESSING . TYPE A
Part 2
0lY OF
CHUIA VISTA
Residential Project Summary
Type of dwelling unit(s): N/A
Dwelling units:
Number of lots:
PROPOSED
EXISTING
1 Bedroom
2 Bedroom
3+ Bedroom
TOTAL
Density (DU/acre):
Maximum building height:
Minimum lot size:
Average lot size: _
Parking Spaces:
Required by code: Provided:
Type of parking (Le. size; whether covered, etc.):
Open space description (acres each of private, common, and landscaping):
Non-Residential Project Summary
Gross floor area: N/A Proposed: Existing: N/A Building Height: N/A
Hours of operation (days & hours): Race Day Schedule: 7am to 7pm (except FrL 10am to Spm): Limited
weekday testinq 8am to Spm.
Anticipated number of employees: 40 Staff/50 Volunteers Maximum number of employees at anyone time:
40 Staff plus volunteers
Number and ages of students/children (if applicable): N/A Seating capacity: 12,000
Parking Spaces:
Required by code: N/A Provided: 7440 Approximately
Type of parking (Le. size; whether covered, etc.): open field
Authorization
Print applicant name:J~mes ~/}~:~ ~ '1/_ J....---'"
Applicant Signature: ~ ~ Date: :;.J;)-/ [).b
Pri"t~""~m", ~~II,)'tL
Owner Signature": L--~~ _ ~ Date: .+/J/()6
g
276 Fourth Avenue I Chula Vist,st-t:Glifornia I 91910 I (619) 691-5101
Planning & Building Department
Planning Division I Development Processing
cm OF
(HUlA VISfA
Disclosure Statement
APPLICATION APPENDIX B
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by
the Council. Planning Commission and all other official bodies of the City. a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must
be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g.. owner, applicant, contractor, subcontractor, material supplier.
Jim Baldwin
AI Baldwin
Otav Proiect. LP
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.
Jim Baldwin
AI Baldwin
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Kim John Kilkennv Ranie Hunter
Lex Williman
Rob Cameron Kent Aden
5. Has any person' associated with this contract had any financial dealings with an official" of the City
of Chula Vista as it relates to this contract within the past 12 months. Yes ~ No ~
If Yes. briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No IZ;] Yes 0 If yes. which Council Member?
276 Fourth Avenue I Chula Vista ~'dta&nia I 91910 I (619) 691-5101
Planning & Building Department
Planning Division I Development Processing'
mY OF
CHUIA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an officia'"" 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 D-- No ~
If Yes, which official"" and what was the nature of item provided?
Date: February 2. 2006
~~.
Signature of Contractor/Applicant
Ranie Hunter
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.
276 Fourth Avenue I Chula Vista '-t::1.Coinia I 91910 I (619) 691-5101
~\~
-11-
~ .;
CIlY Of
CHUIA VISTA
Planning & Building Department
Planning Division I Development Processing
APPLICATION APPENDIX C
Development Permit Processing Agreement
Permit Applicant:
Applicant's Address:
Type of Permit:
Agreement Date:
Deposit Amount:
James P. Baldwin
610 West Ash Street. Suite 1500. San Dieqo. CA 92101
Conditional Use Permit Temp.
This Agreement ("AgreemenF) between the City of Chula Vista, a chartered municipal corporation ("City") and the
forenamed applicant for a development permit ("Applicanr), effective as of the Agreement Date set forth above, is made
with reference to the following facts:
Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has
required to be obtained as a condition to permitting Applicant to develop a parcel of property; and,
Whereas, the City will incur expenses in order to process said permit through the various departments and before
the various boards and commissions of the City ("Processing Services"); and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with
providing the Processing Services;
Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows:
1. Applicant's Duty to Pay.
Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including
all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's
Duty to Pay."
1. 1. Applicant's Deposit Duty.
As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit").
1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against
Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the
Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the
processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently
likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant
shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to
continue Processing Services. The duty of Applicant to initially deposit and to supplement said
deposit as herein required shall be known as "Applicant's Deposit Duty".
2. City's Duty.
City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty,
use good faith to provide processing services in relation to Applicant's Permit application.
2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for
failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City.
276 Fourth Avenue I Chula VistaSt-il:Qifumia I 91910 I (619) 691-5101
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COY OF
CHUIA VISTA
Planning & Building Department
Planning Division I Development Processing
Development Permit Processing Agreement - Page 2
2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied.
City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the
Processing Services, or the execution of the Agreement.
3. Remedies.
3.1. Suspension of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the
right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the
Permit which may be the subject matter of any other Permit which Applicant has before the City.
3.2. Civil Collection
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the
right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect
same, the prevailing party shall be entitled to reasonable attorney's fees and costs.
4. Miscellaneous.
4.1 Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in
writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served
if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented.
4.2 Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San
Diego County, State of California, and if applicabie, the City of Chuta Vista, or as ciose thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
4.3. Multiple Signatories.
If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be
jointly and severally liable for the performance of Applicant's duties herein set forth.
4.4. Signatory Authority.
This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the
Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory
shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been
authorized to execute this Agreement by Applicant.
4.5 Hold Harmiess.
Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and
employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders,
injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of
City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not
limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights,
except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the
City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include
any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense,
shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or
employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the
276 Fourth Avenue I Chula vista9t-iUiliibmia I 91910 I (619) 691-5101
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Planning & Building Department
Planning Division I Development Processing
C!IY OF
CHULA VISTA
Development Permit Processing Agreement - Page 3
Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such
participation shall not relieve the applicant of any obligation imposed by this condition.
4.6 Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first
been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance
with the procedures set forth in Chapter 1 .34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby
express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto.
Dated:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
By:
Dated: February 2.2006 James P. Baldwin
610 West Ash Street. Suite 1500
(. LJ ./~. San Dieoo. CA 92101
By: \:PlMuZ J.&Jx;:::
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9-110 .
Attachment 5
DRAFT
MINUTES OF A SPECIAL MEETING OF THE
RESOURCE CONSERVATION COMMISSION
March 27, 2006
Ken Lee Building Conference Room
430 'F' Street
MEETING CALLED TO ORDER by Chair Reid at 4:36 p.m.
ROLL CALL/MOTION TO EXCUSE
New Commissioner Brett Davis was introduced.
MEMBERS PRESENT: Chair Doug Reid, Commissioners Stanley Jasek, Eric Mosolgo,
Georgie Stillman, Lynda Gilgun and Brett Davis
UNEXCUSED: Vice-Chair Tracy Means
STAFF PRESENT: Marilyn Ponseggi, Environmental Review Coordinator
Marni Borg, Environmental Projects Manager
Scott Donaghe, Senior Planner
Rick Rosaler, Principal Planner
Boushra Salem, Senior Civil Engineer
Lori McElroy, Recording Secretary
OTHERS PRESENT: Ranie Hunter, Otay Ranch Company
Joe Monaco, Dudek
Deborah Kernes-Warmkessel, Chuia Vista resident
Rhonda Majalca, Chula Vista resident
APPROVAL OF MINUTES: March 6, 2006
MSC (Jasek/Davis) to approve the March 6, 2006 minutes. Vote: (6-0).
ORAL COMMUNICATIONS: None.
OLD BUSINESS
1. Resolution 2006-01 Changing the RCC Meeting Time
MSC (Jasek/Davis) to adopt the resolution. Vote: (6-0-0-1) with Means absent.
DRAFT
9-111
DRAFT
RCC Minutes
-2-
March 27. 2006
NEW BUSINESS
2. 15-06-017 --- MND for a Conditional Use Permit for Temporary Championship Off-Road
Race 2006, Southwest of the Olympic Parkway/La Media Road Intersection
Commissioner Mosolgo recused himself from this item.
Ms. Marni Borg (Environmental Projects Manager) gave an overview of the project.
Commission Comments
The Commissioners asked for clarification on the location of the track, number of races that
would take place on practice days and the extent of overnight camping. They indicated
concern about the race coming back after it was characterized as a "temporary one-time
event" last year. They stated that it doesn't seem like a temporary event and asked for a
definition of a "temporary" use. Commissioners were concerned that the MND focused too
much on a comparison of the current proposal to the last race, when the current proposal is
different from last year's race. The Commissioners raised the following questions/concerns
about the environmental document:
Commissioner Gilgun had questions/concerns about the following:
. The noise level to be generated by the race activities and the potential impact of the
noise on residences in the area and biological resources.
. The impact of the noise from the helicopter.
Commissioner Davis had questions/concerns about the following:
. The schedule for the development of Village 2 and the likelihood of future races being
proposed.
Commissioner Jasek had questions/concerns about the following:
. The impact on Emergency Medical and Police Services particularly since other large
events are happening at the same time. They also questioned how pOlice and fire
services would be paid for.
. The potential for traffic from the races to impact homeowners in area.
. Methodology for how noise levels anticipated for the race was determined.
. The age of the Gnatcatcher surveys cited in the document
. The extent of noticing and whether it went far out into the surrounding community.
Commissioner Stillman had questions/concerns about the following:
. The potential impact on schools in the vicinity, particularly the Otay Ranch High School,
due to race events being proposed on weekdays.
. The potential impact of the race on the MSCP preserve and all of the sensitive species
in the area.
. The potential for noise, pollution and oil leaks from vehicles and potential impacts from
the chemicals used to clean up oil leaks.
DRAFT
9-112
DRAFT
RCC Minutes
-3-
March 27, 2006
. Air pollutants from the race being a cause of concern for children with asthma.
. The number of races that would occur each day and how many vehicles would be in
each race.
. The impacts of overnight camping.
Chair Reid recommended that an EIR be prepared to examine the potential impacts of the race.
The Commissioners questioned whether the last race brought media attention to Chula Vista
and if there had been complaints received from last years' event. The Commissioners indicated
concern about the camping and the potential for loud parties that disturb the surrounding
neighbors.
Staff advised the Commission where each one of the issues raised was addressed in the
Mitigated Negative Declaration.
Public Comments
Ms. Rhonda Majalca (1568 San Pedro Pi Ct, Chula Vista, CA 91911) voiced opposition to the
race and the amount of races scheduled this year. She stated she was able to hear the noise
from the race from her backyard.
Ms. Deborah Kernes-Warmkessel (1565 San Pedro Pi Ct, Chula Vista, CA 91911) voiced
opposition to the race, specifically noise from the helicopter and noise at Otay Ranch High
School. She is involved in Otay Ranch Pop Warner, and last year, she could not hear her
children playing football at Otay Ranch High School because of the races. She indicated that
there was no parking at the high school for Pop Warner activities due to the parking being used
by race attendees. She was also concerned about traffic impact on the neighborhood on race
and practice days.
MSC (Stillman/Jasek) to recommend that the RCC find the Mitigated Negative
Declaration be rejected for unmitigated significance in environmental damage. Vote:
(3-2-0-1) with Reid and Davis opposed and Means absent.
MS (Jasek/Reid) to recommend that the RCC find the initial study is adequate and
recommend that the Mitigated Negative Declaration be adopted. Vote: (1-4-0-1) with
Davis, Stillman, Jasek and Gilgun opposed and Means absent.
Commissioner Mosolgo rejoined the meeting at this time.
ENVIRONMENTAL REVIEW COORDINATOR COMMENTS: None.
DRAFT
9-113
DRAFT
RCC Minutes
-4-
March 27. 2006
CHAIR COMMENTS
Chair Reid asked if the Commission would get an up to date roster. Ms. Ponseggi stated staff
would take care of that.
Mr. Reid asked that the following presentation be placed on a future agenda:
. Breakdown of dedication of open space within Otay Ranch.
. Status of resort site north of lower Otay Lakes.
. Presentation on National Energy Center for Sustainable Communities.
Ms. Ponseggi said she would arrange presentations on all of the items except the resort site.
which is not in the City of Chula Vista and not within our jurisdiction.
COMMISSIONER COMMENTS
Commissioner Stillman asked when the Commission would be considering the Environmentalist
and Historic Preservationist of the Year. Ms. Ponseggi stated she would put the item on the
agenda in the next few months. Commissioner Stillman stated Theresa Acerro is very
deserving.
Commissioner Gilgun stated that the presentation by Edward Mazria about Architecture 2030
was excellent. Can the RCC recommend to Council that we start looking at City standards to
build buildings that use 50% less energy? Ms. Ponseggi stated that we now have standards
for energy conservation and suggested that we have staff member Mary Venables come to an
upcoming meeting to talk about energy conservation in development.
ADJOURNMENT: Chair Reid adjourned the meeting at 6:06 p.m. to a regular meeting on
Monday. April 17, 2006, at 4:30 p.m. in the Ken Lee Building Conference Room, 430 "F" Street,
Chula Vista, CA 91910.
Prepared by:
Lori McElroy
Recording Secretary
(J :IPlanningIRCC\2006lRCC032706Mins)
DRAFT
9-114
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING THE MITIGATED
NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM, IS-06-017, AND GRANTING A
CONDITIONAL USE PERMIT, PCC-06-054, TO ALLOW A
OFF-ROAD RACING EVENTS ON A PORTION OF OTAY
RANCH VILLAGE TWO, LOCATED SOUTH OF
OLYMPIC PARKWAY, EAST OF THE OTAY LANDFILL,
AND WEST OF LA MEDIA ROAD.
A. RECITALS
1. Project Site
WHEREAS, the parcels which are the subject matter of this resolution are
represented in Exhibit A attached hereto and incorporated herein by this reference, and
for the purpose of general description are located on a portion of the Otay Ranch Village
Two over approximately 122 acres ofland located south of Olympic Parkway, east of the
Otay Landfill and west of La Media Road ("Project Site"); and
2. Project Applicant
WHEREAS, on February 3, 2006 a duly verified application for a conditional use
permit (PCC-06-054) was filed with the City of Chula Vista Planning Department by
James Baldwin ("Applicant"); and
3. Project Description; Application for Conditional Use Permit
WHEREAS, said Applicant requests permission to conduct off-road racing
events on May 20-21, July 22-23, September 23-24 and October 21-22 on said Project
Site; and
4. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the
project on April 19, 2006 and voted 3 - I - 0 - 1 recommending that the City Council
approve the project in accordance with Resolution PCC-06-054; and
WHEREAS, the Planning Commission motion failed for the lack of a majority
vote of the Commission and the applicant has requested the project come forward for
City Council consideration.
9-115
Resolution No.
Page 2
5. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the project was held
before the City Council of the City of Chula Vista on May 2, 2006; to receive the
recommendation of the Planning Commission, and to hear public testimony with regard
to the same.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby
find, determine, and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this project held on April 19, 2006 and the minutes
and resolution resulting therefrom, are hereby incorporated into the record of this
proceeding.
C. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial
Study, IS-06-017 in accordance with the California Environmental Quality Act. Based
upon the results of the Initial Study, the Environmental Review Coordinator has
determined that the proj ect could result in significant effects on the environment.
However, revisions to the project made by or agreed to by the applicant would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur;
therefore, the Environmental Review Coordinator has prepared a Mitigated Negative
Declaration, IS-06-0 17.
D.
CERTIFICATION OF COMPLIANCE WITH CEQA
.
The City Council does hereby find that the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-06-017) has been prepared in
accordance with requirements of the California Environmental Quality Act (CEQA), the
State CEQA Guidelines, and the Environmental Review Procedures of the City of Chula
Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program (IS-06-017).
E.
INDEPENDENT JUDGEMENT OF CITY COUNCIL
The City Council does hereby find that in the exercise of their independent review and
judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (IS-06-017) in the form presented has been prepared in accordance with
requirements of the California Environmental Quality Act (CEQA) and the
Environmental Review Procedures of the City of Chula Vista and hereby adopts the
same.
9-116
Resolution No.
Page 3
F. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by
the City's rules and regulations for the issuance of conditional use permits, as
hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the
stated finding to be made.
1. That the proposed use at this location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The environmental document and staff reports outlines how the racetrack and
temporary facilities are located a significant distance from existing residential
neighborhoods to the north and east and visually obscured from view by the
existing slopes.
In addition, the racetrack and facilities are a minimum 150-ft. away from multiple
species habitat preserve lands to the south and east. The existing topography
provides the necessary layout for the temporary structures areas needed for the
event and minimal grading is needed for the racetrack.
2. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
This conditional use permit for a four (4) weekend racing events required
environmental documentation that analyzed the proposal with respect to the effect
of the proposal on health, safety or general welfare of persons residing or working
in the vicinity or injurious to property or improvements in the vicinity.
While certain aspects of the proposal such as traffic and noise may result in some
minor traffic congestion near the site at the time of the events as well as perhaps
some occasional noise annoyances due to racing events, the temporary sporting
events are not regulated by the noise control ordinance. For participants and
spectators deciding to attend these racing events, safety precautions are
maximized to ensure the health, safety or general welfare of persons involved as
outlined in the environmental document and staff reports.
In addition, the conditions to grant approval of this permit require that an Off-
Road Race Security Plan, Safety/Medical Plan, and Traffic Control Plan shall be
provided by the applicant to minimize the potential impacts to public safety, fire,
traffic, parking, and other environmental effects on participants, spectators, and
the surrounding residential neighborhoods in the vicinity.
9-117
Resolution No.
Page 4
.
3.
That the proposed use will comply with the regulations and conditions
specified in the code for such use.
The proposed temporary racing event and activities is considered a conditionally
permitted use within the Planned Community (PC) Zone, utilizing the unclassified
use requirements listed under unclassified uses in the Zoning Code (19.54.020J-7)
for race tracks, which requires that a conditional use permit.
Municipal Code section 19.58.040(D)(4) generally prohibits alcoholic beverages
being sold or consumed on the premises except in conjunction with a restaurant
approved through a conditional use permit. In this case, the sale of food through
several vendors is an authorized use of the CUP. The sale of alcoholic beverages
by these food vendors is authorized consistent with the conditions described
below and the licenses to be issued by the state Department of Alcohol Beverage
Control (ABC).
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
Because the four (4) racing events proposed in the Conditional Use Permit are
being considered a temporary land use, the granting of this permit will not require
amendments to the Chula Vista General Plan, or the Otay Ranch General
Development Plan.
G. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-06-054 subject to the
following conditions whereby the Applicant shall:
1. Develop the project site as shown on the racetrack site plan map submitted for review
on February 3, 2006. Any revisions to this site plan required for compliance with
the conditions of approval shall be provided prior to the first racing event.
2. The Applicant shall implement, to the satisfaction of the Director of Planning and
Building and the Environmental Review Coordinator, all mitigation measures
identified in the Final Mitigated Negative Declaration for a Conditional Use Permit
for a Temporary Championship Off-Road Race (IS-06-0l7) and Mitigation
Monitoring and Reporting Program in accordance with the requirements, provisions
and schedules contained therein, and as further specified in these CUP conditions.
Modification of the sequence of mitigation shall be at the discretion of the Director of
Planning and Building and Environmental Review Coordinator.
3. Site preparation may begin upon approval of the Conditional Use Permit by the City
Council. Race events can only occur on May 20-21, July 22-23, September 23-24
and October 21-22, 2006. The racetrack is comprised of the "short" track. Race
related events will generally occur from 7 a.m. to 7 p.m. on those dates. Practice runs
9-118
Resolution No.
Page 5
may only be held on the Fridays before the weekend racing events rrom 10 a.m. to 4
p.m. A maximum of one truck would test on the track at any time.
4. Actual racing will begin during a one-hour practice session rrom 9:30 a.m. to 10:30
a.m. No racecar engines shall be operated before 8 a.m. and no racing on the track
will occur before 9:30 a.m. Up to six races will be held on each race event day. The
last race will conclude at approximately 3 p.m. During weekdays, non-racing non-
practice activities such as registration and inspections could occur.
5. The Security Plan to be provided to the Police Department will provide detailed
guidelines for the proposal for a l4.3-acre 500-space campsite area. The Police Chief
prior to the first racing event weekend must approve the Security Plan.
6. The proposed l4.3-acre campsite area shall accommodate a maximum of 500
campsites. The campsite areas shall be lighted and will prohibit the creation of open
fire pits, the use of All-Terrain Vehicles CATV's) and all other similar motorized
vehicles between the hours of 5:00 p. m. and 8:00 a. m., and have a curfew imposed
between the hours of 10:00 p.m. and 7:00 a.m.
7. Security staff as well as two on-duty Police Officers will be provided in the campsite
areas rrom the end of the last race to 7 a.m. the following day, or as determined by the
Police Chief.
8. As there are no provision for sanitary sewer connections on the site, the campsite area
shall have a septic truck available to campsite users free of charge on everyday that
camping is allowed, to prevent the illegal dumping of wastewater or the discharge of
raw sewage onto areas that may lead to drainage systems, or within the solid waste
and recycling receptacles anywhere on-site by the campers and recreational vehicles
utilizing the campsite.
9. The provision for the campsite area is contingent upon each night of camping
successfully complying with the conditions of this permit. Failure of the campers to
abide by said conditions shall be cause for revocation of the permit to allow camping
immediately, including during the same race event weekend.
10. Maintenance of the roads and transition areas shall be continuous during race events.
The track shall be watered by a minimum of four trucks between each race. In
addition, the parking lots, access roads and other areas with exposed dirt shall be
watered rrequently to minimize fugitive dust.
11. All parking lots on agricultural land shall be mowed such that roots of the vegetation
remain intact in order to provide soil stabilization. Activities associated with site
preparation involve minor leveling of the track and other previously graded areas, the
mowing of previously mowed areas to approximately 6-inch height per Fire
Department guidelines, and firebreak clearance around along parking lot areas, and
areas set up for the pit area for race crews, spectator stands and food service areas. In
9-119
Resolution No.
Page 6
addition, the installation of Best Management Practices (BMPs) to control erosion
and sediment transport and to contain hazardous material storage areas shall be
provided, and no grading will be permitted.
12. The entire length of the dirt roads from the paved streets to the parking lots shall be
covered with a crushed asphalt base 6-inches in depth. Gravel must also be provided
on all of the site access roads and transition areas from dirt to paved surfaces a
minimum 200-yards to reduce dust and to prevent the tracking of mud onto adjacent
streets. A sweeper truck shall be employed to remove any sediment deposited onto
Olympic Parkway or La Media Road. Vehicles will not be permitted to park or drive
on muddy areas, or to leave the site without removing accumulations of loose mud.
13. No race-event parking will be permitted in residential areas. Race-event staff
members shall be positioned at entrances into residential areas to direct race
spectators into designated parking areas. No parking will be permitted along the
existing dirt access roads off of Olympic Parkway and La Media Road. The majority
of spectator traffic shall be directed or detoured to the Olympic Parkway entrance,
and the La Media Road secondary entrance shall be limited to VIP and ADA access
race participants and spectator to reduce or eliminate impacts on the adj acent
residential street parking in Otay Ranch Village Six.
14. On-site parking fee collections shall occur at the very end of the access roads off of
Olympic Parkway and La Media Road, adjacent to the parking areas, to prevent the
queuing of vehicles onto those City streets. No stacking of vehicles shall be
pennitted on City streets and the Traffic Control Plan will require patrons to circulate
beyond the access road points until traffic on-site can accommodate all vehicles
amvmg.
.
15. The pit areas, as well as the storage area for hazardous materials/waste and restroom
areas, shall be lined with an impervious material to prevent spills and potential
leakage of automobile fluids and other materials into the ground or any waterways.
In addition, any storage, handling or disposal of hazardous materials/waste will be in
accordance with local, state and federal laws. A hazardous materials permit and
inspection shall be obtained from the Fire Department prior to the first weekend's
racing events.
16. Best Management Practices (BMPs) for all phases of the race event as described in
the Implementation of Best Management Practices for Storm Water Pollution
Prevention at the Otay Ranch Championship Race Track Site for the 2006 CORR
event shall be strictly enforced. The applicant to remove collected runoff from
containment drums will provide a vactor truck. Containment drums will be disposed
of in accordance with City Standards.
17. A maximum of one "Euro-copter" helicopter will be permitted to fly over the site to
film the race events as shown and noted on the Mitigated Negative Declaration
(MND) Exhibit 4 (No Fly Zone). The helicopter will only access the site from the
9-120
Resolution No.
Page 7
south, and will avoid flyovers to the north, northeast and northwest. The helicopter
shal1 not enter the "no fly zone". The helicopter taping wil1 be limited to a total
airtime of3.5 hours within a 24-hour time frame.
18. No concerts or live entertainment has been applied for in this permit and thus will not
be permitted in association with the racing event weekends.
19. Use of the track after the final race each day will not be permitted. Access to the
track would be locked after race activities have ceased for the day, and access to the
site will only be permitted for race participants, crewrnembers and security staff.
20. During the time in-between the weekend race events, the race areas will be closed off
to the public. The safety/security plan prepared for the project will require that the
gate surrounding the race areas is locked.
21. In the event of heavy rain, where there is significant surface runoff and the safety of
race participants is in jeopardy, all race events will cease.
22. Race participant team trucks may arrive no sooner than the Wednesday before the
race events. Equipment, race vehicles and some race participants/crews may remain
onsite for the duration of the weekend race event.
23. A Traffic Control Plan shall be developed that addresses traffic control at event
access areas. The traffic control plan shall include a parking plan and a traffic-
signing plan including the location of changeable message boards. The City Police
and Engineering Departments shall approve the Traffic Control Plan, respectively,
prior to the start of the race events.
24. General clean-up and trash pick-up of the pit area, spectator stands, food/beverage
area and parking lots shall occur on a daily basis.
25. Post-event activities will essentially consist of site clean up and soil stabilization of
exposed areas. All trash and debris generated by the proposed proj ect will be
removed. Any containers with hazardous materials/waste will be properly disposed
of in accordance with local, state and federal laws. Disturbed areas of the site shall be
hydro seeded to stabilize slopes and reduce runoff.
26. All temporary structures such as light poles, grandstand bleachers, canopies, portable
restroom facilities, and power generators may remain on the racetrack site after each
racing event weekend if secured by a minimum 6-ft. chain-link fence, or shall
otherwise be disassembled and removed ITom the site after each racing event
weekend.
27. The perimeter fencing shall be include and maintain a division between the race event
area and the MSCP preserve line to prevent the intrusion of trash, debris or sediment
to the MSCP area.
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28. The perimeter fencing sha1l incorporate Knox box gates to a1low for Fire Department
access at the La Media Road and Olympic Parkway access road connections at the top
of the site adjacent to the perimeter fencing, as we1l as the gates located at the
beginning of the access road on La Media Road and Olympic Parkway.
29. Three desilt basins sha1l be designed as retention basins. No runoff shall be allowed
to discharge from these basins. At the conclusion of racing events, and after re-
grading and hydro seeding of the site is completed, these basins sha1l be eliminated.
30. Temporary lighting wi1l be limited to the pit area, overnight camping and vendor
staging areas. The track sha1l not be lighted. The lighting for these areas shall be
directed downward, and away from the Preserve.
31. If utilized, the 23.2-Acre area designated on the Mitigated Negative Declaration
(MND) Exhibit 3 (Race Event Use Areas) as the "South Parking Lot (Area 3) needs
to be shown on the Erosion Control Plans, and Best Management Practices (BMPs)
shall be developed for this area. The applicant shall be required to provide adequate
BMPs for this parking lot, ifit is planned to be used for any of the racing events.
32. The Applicant sha1l obtain the appropriate permits for temporary power poles, power
supply generators, and temporary seating grandstands and canopies. The path of
travel from parking areas and the path of travel to restroom facilities shall be designed
to meet ADA handicapped accessibility code requirements.
33. The Applicant is required to complete the applicable forms contained in the City of
Chula Vista's Development and Redevelopment Storm Water Management
Requirements Manual and comply with the Manual's requirements. The applicant is
required to implement Best Management Plans (BMP's) to prevent introduction of
po1lutants to storm drainage systems, including natural watercourse, while site
preparation is underway, during the permitted events and after the events. BMP's
shall include but not be limited to:
. Solid waste management.
. Sanitary/septic waste management.
. Liquid waste management.
. Dust control.
. Tracking control.
. Erosion and sediment control.
. Spill prevention and cleanup. Adequate and easily accessible spill cleanup
kits shall be maintained throughout the grounds and the racetrack.
. Materials and goods delivery and storage.
. Hazardous waste management.
34. The Applicant shall post a bond or other security acceptable to the City in an amount
determined by the City Engineer to guarantee post-event pollution prevention
measures in accordance with the approved Storm Water Pollution Prevention Plan
9-122
Resolution No.
Page 9
(SWPPP) and the project's approved erosion control plan. The security shall also
provide for an amount to guarantee the post-event rehabilitation andlor stabilization
of the site to the satisfaction of the Director of Public Works.
35. Existing on-site vegetation shall be preserved and maintained to the Maximum Extent
Practicable during site preparation and all events associated with the Conditional Use
Permit.
36. No vehicle cleaning, fueling, or servicing shall be conducted unless within designated
areas provided with adequate Best Management Practices (BMPs) to prevent
discharge of pollutants to natural drainage courses or storm drain systems to the
Maximum Extent Practicable. Appropriate erosion control BMPs shall be provided
for all graded parking and other areas as indicated on the approved erosion control
plan. The applicant is responsible for enforcing these requirements during and after
the permitted events.
37. The Applicant shall provide and maintain BMPs continuously before, during, an after
site preparation.
38. At such time as all erosion control measures and BMPs identified in the project's
Erosion Control Plans have been substantially completed to the satisfaction of the
Director of Public Works, but no later than one week prior to the scheduled opening
day of the event, the applicant shall convene an on-site meeting to be attended by
representatives of: the Environmental Section and the Departments of Public
Works/Operations; the Departments of Engineering, Planning and Building, Police
and Fire. At this meeting, all observable physical site preparations shall be ready for
inspection by the respective departments.
39. The applicant shall submit for approval by the City Engineer a long-term stabilization
plan that shall be put into effect immediately after the permitted events. All disturbed
areas shall be permanently stabilized immediately after the event to the satisfaction of
the Director of Public Works, including re-vegetation to provide a minimum of 70
percent coverage and erosion protection equivalent to or better than the existing
conditions andlor in accordance with the approved long-term stabilization plan.
40. Stockpiles of excavated soil, building and paving materials whether deposited prior to
or during site preparation and that remain on-site after the permitted events shall be
either be removed and disposed of properly, or permanent BMP's, as identified in the
post-event SWPPP, shall be put into place to protect the stockpiles.
41. The Applicant shall provide signs at all of the entrances to the racing event indicating
the following: California Yehicle Code (CYC) 22658: (a) Except as provided in
Section 22658.2, the owner or person in lawful possession of any private property,
within one hour of notifying, by telephone or, if impractical, by the most expeditious
means available, the local traffic law enforcement agency, may cause the removal of
a vehicle parked on the property to the nearest public garage under any of the
9-123
Resolution No.
Page 10
.
following circumstances: (1) There is displayed, in plain view at all entrances to the
property, a sign not less than 17 by 22 inches in size, with lettering not less than one
inch in height, prohibiting public parking and indicating that vehicles will be removed
at the owner's expense, and containing the telephone number of the local traffic law
enforcement agency. The sign may also indicate that a citation may also be issued for
the violation.
42. The Applicant's representative Championship Off-Road Racing (CORR)
management team shall provide a Security Plan for review and approval by the Police
Department's Special Events & Special Investigations Unit and subject to fmal
review and approval by the Police Chief. Compliance with the Security Plan
approved by the Police Chief is a condition of this permit.
43. The Applicant's representative CORR management team shall obtain and provide all
required Alcoholic Beverage Control (ABC) permits to the Police Department's
Special Events & Special Investigations Unit prior to any sales of alcohol on the
project boundary site at the racing and entertainment events. The sale of alcoholic
beverages may occur during the races and shall cease one hour prior to the end of the
races. Compliance with the limitation to the sales of alcohol is a condition of this
permit.
44. The Fire Department will have a fully staffed brush engine (1 - Captain, 1 - Engineer,
1 - Firefighter) dedicated to this event. This apparatus will be at the event one hour
before and after the normal event times, thus 7:00 am through 7:00 pm (4 days). This
apparatus and staffing will be charged at full cost recovery to the Applicant.
45. The Applicant shall furnish the Chula Vista Police Department, Fire Department,
American Medical Response, and CORR management team a means for two-way
radio communication during the hours of operation.
46. Obtain all necessary permits for tents, canopies, or temporary membrane structures .
along with other pertinent permits as described with CFC 105.8 shall be applied for
and approved prior to the event's start. A public assembly permit and inspection shall
be obtained from the Fire Department prior to the first weekend's racing events.
.
47. The portable seating systems shall be installed in accordance with the manufactures
specifications and listings and approved by the Building Official.
48. Provide a minimum 20-ft. wide parking aisle to every parking space area. Parking
aisles shall serve a maximum double-loaded row of vehicles. Tandem parking is
prohibited.
49. Provide an Emergency Response Plan for review and approval by the Fire Chief prior
to the event. Compliance with the Emergency Response Plan is a condition of this
permit.
9-124
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Page 11
50. The Applicant shall provide proof of liability insurance coverage naming the City of
Chula Vista as an additionally insured party in the amount of $10 million. The
liability insurance policy shall be reviewed and approved by the Risk Management
Department two weeks prior to the event.
51. This permit shall be subject to any and all new, modified or deleted conditions
imposed after approval of this permit to advance a legitimate governmental interest
related to health, safety or welfare which the City shall impose after advance written
notice to the Permittee and after the City has given to the Permittee the right to be
heard with regard thereto.
52. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees, agents and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorneys' fees (collectively, "liabilities") incurred by the
City arising, directly or indirectly, from (a) City's approval and issuance of this
Conditional Use Permit (pCC-06-054) and the Final Mitigated Negative Declaration
for this Conditional Use Permit allowing for a Temporary Championship Off-Road
Race (IS-06-017) and Mitigation Monitoring and Reporting Program, (b) City's
approval or issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c) the activities
conducted in conjunction with this Conditional Use Permit and Final Mitigated
Negative Declaration, including all claims for damages for alleged personal injuries
or property damage from any person or entity, whether such injury or damage is
allegedly caused by applicant/operator, race participants, vendors, or spectators.
Applicant/operator shall acknowledge their agreement to this provision by executing
a copy of this conditional use permit where indicated, below. Applicant's/operator's
compliance with this provision is an express condition of this conditional use permit
and this provision shall be binding on any and all of Applicant's/operator's successors
and assigns.
53. The Applicant's CORR Management staff shall provide patrol the MSCP Preserve
edge at night during the race events.
54. The Applicant's CORR Management staff shall provide noise monitoring during the
first weekend event at the closest suitable nesting habitat for the California
gnatcatcher to the event as well as the closest MSCP Preserve edge to ensure that
noise levels do not exceed acceptable levels (60 dbA leq hourly). Upon completion
of the monitoring, a summary report shall be provided to City staff. A contingency
plan shall be in place to address noise issues prior to the next event should it be
determined that noise levels exceed acceptable levels at either of the two locations.
9-125
Resolution No.
Page 12
H. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have
each read, understood, and agreed to the conditions contained herein. Upon execution,
this document shall be recorded with the County Clerk of the County of San Diego, at the
sole expense of the property owner and/or applicant, and a signed, stamped copy of this
recorded document within ten days of recordation to the City Clerk shall indicate the
property owners/applicant's desire that the project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval. Said
document will also be on file in the City Clerk's Office and known as document No.
Signature of James Baldwin
Applicant/Property Owner
Date
.
Signature of Applicant's Event Representative
From Championship Off-Road Racing (CORR)
Date
I.
INVALIDITY; AUTOMATIC REVOCATION
.
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every te=, provision, and condition herein stated;
and that in the event that anyone or more te=s, provisions, or conditions are dete=ined
by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this
resolution and the pe=it shall be deemed to be automatically revoked and of no further
force and effect ab initio.
Presented by
Approved as to fo= by
~.~
City Attorney
Jim Sandoval
Planning and Building Director
9-126
CITY COUNCIL
AGENDA STATEMENT
ITEM NO.:
MEETING DATE:
10
05/02/06
ITEM TITLE: PRESENTATION OF DRAFT ORDINANCE REGULATING MUNICIPAL
lOBBYISTS
SUBMITTED BY: CITY ATTORNEY ~
REVIEWED BY: CITY ATTORNEY .
4/5THS VOTE: YES D NO 0
BACKGROUND
On January 17, 2006 during Council member comments Councilmember Chavez
questioned why the City did not have an ordinance regulating lobbyists. During the
discussion Councilmember Chavez suggested the issue be referred to the City's Ethics
Commission. Councilmember Castaneda suggested the matter be referred to the
newly created public safety committee. The issue was recently raised again by the
Mayor who requested the item be brought directly to the City Council. At this time, we
are seeking clarification from the Council regarding the processing and content of the
proposed ordinance.
RECOMMENDATIONS
Provide staff with direction as to the processing and content of the proposed
ordinance.
DISCUSSION
At the January 17, 2006 meeting it was suggested the City look at creating an
ordinance requiring registration of municipal lobbyists. The concern expressed was that
at times Council mernbers or staff may meet with someone believing they are a
mernber of the cornmunity only to learn at some point during the meeting that they are
representing another entity or person. To ensure the Council members and staff were
informed as to whom these people represented it was suggested a lobbyist registration
ordinance be considered.
10-1
PAGE 2, ITEM NO.:
MEETING DATE:
/0
05/02/06
staff has prepared a draft ordinance for review by the Council. There has been some
discussion surrounding referring the draft ordinance to different committees or
commissions of the city. At this time staff is seeking advice as to whether the Council
would like to consider the' issue directly or refer it to a commission for input and
consideration.
Attached for your review;and consideration is a draft Municipal Lobbyist Ordinance
which requires any corporation, firm, organization. or person on behalf of another who
attempts to influence a City decision by contacting personally or by phone certain City
officials to register with the City Clerk as a Municipal Lobbyist. A municipal lobbyist
would also be required to file quarterly disclosure statements if the lobbyist had made
expenditures of $25 or more on any one occasion; or had, expended in aggregate' a
total of $100 or more in anyone quarter in providing f06d, drink, lodging, transportation, .
recreation, service or any other thing of value, including any gift or political
contribution, to a City official. Violations of the ordinance can be pursued as either a
criminal or civil matter.'
The enforcement provisions in the draft Municipal Lobbyist Ordinfmce mimic those
adopted in 2004 by the City Council in the ordinance regulating campaign
contributions. The' Campaign Contribution Ordinance, (Municipal Code Section 2,52)
provides for the City Attorney to maintain a qualified list of special counsel with a
particular expertise in, campaign and election issues,' The Campaign Contribution
Ordinance also earmarks funds. for this purpose. The enforcement of the Municipal
Lobbyist Ordinance would be done by this same group of'previously selected special
counsel. The Municipal Lobbyist Ordinance also authorizes the Lise of funds previously
earmarked for the enforcement of the Campaign Contribution Ordinance to be used
for enforcement of this new ordinance. The City Attorney's role would be defending the
constitutionality and legality of the ordinance.
This draft Municipal Lobbyist Ordinance is modeled after the San Diego County
ordinance. The County ordinance contains a number of additional provisions. The
direction provided by Councilmember Chavez only raised the issue of registration.
Lobbying ordinances can be more complex than the draft ordinance including, but not
limited to, placing disclosure requirements on City employees, limitations upon
Council members ability to receive campaign contributions' from registered municipal
lobbyists, charging a, registration fee, etc. Based upon the direction received from
Council thus far the draft ordinance only addresses registration.
CONCLUSION
Staff has prepared a draft ordinance requiring registration by municipal lobbyists. At this
time, we are seeking clarification from the Council regarding the processing and
content of the proposed ordinance. We are seeking direction as to which, if any,
committees or commissions the Council may want to review the draft ordinance.
10-2
PAGE 3, ITEM NO.:
MEETiNG DATE: 05/02/06
10
Additionally, we are seeking guidance as to any specific provisions or issues the Council
may want to see addressed by the proposed ordinance beyond that'of registration,
FISCAL IMPACT
No fiscal impact is anticipated with this action.
EXHIBITS
1. Draft ordinance
,
10-3
ORDINANCE NO.
[DRAFT] ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA REGULATING
MUNICIPAL LOBBYISTS
SEe. 2.72.010. DEFINITIONS.
Whenever in this Chapter the following terms are used, they shall have the
meanings respectively ascribed to them in this section:
(a) The term "candidate" means a person who has filed a statement of organization as a
committee for election to an elective City office, a declaration of intent for election
to an elective City office or a declaration of candidacy to an elective City office,
whichever occurs first. A person shall not be deemed a candidate for purposes of
this chapter: (1) after he or she is sworn into the elective City office, or (2) if the
person lost the election, after the person has terminated his or her campaign
statement filing obligation for the office pursuant to Government Code section
84214, or after certification of the election results, whichever is earlier.
(b) The term "City decisions" means. any decision, or recommendation as to a decision,
concerning any matter (other than the making of a ministerial decision), whether
legislative, administrative, or quasi-judicial, which is pending before or may be
submitted to the City Councilor any City board, commission, committee or officer;
(c) The term "City officer or employee" shall include all officers and employees of all
special districts for which the City Council is the governing body.
(d) The terms "elected officeholder" and "elected officer" mean a person who holds an
elective City office or has been elected to an elective City office but has not yet
taken office.
(e) The term "elective City office" means members of the City Council.
(f) The term "firm" includes a partnership and joint venture. The term does not include
a person operating as a sole proprietorship under a fictitious name.
'(g) (1) The term "gift" means, except as provided in subdivision (2), any payment
that confers a personal benefit on the recipient, to the extent that consideration
of equal or greater value is not received and includes a rebate or discount in
the price of anything of value unless the rebate or discount is made in the
regular course of business to members of the public without regard to official
1
10-4
status. Any person, other than a defendant in a criminal action, who claims
that a payment is not a gift by reason of receipt of consideration, has the
burden of proving that the consideration received is of equal or greater value.
(2) The term "gift" does not include:
(A) Informational material such as books, reports, pamphlets, calendars,
or periodicals. No payment for travel or reimbursement for any
expenses shall be deemed "informational material."
(B) Gifts which are not used and which, within 3 0 days after receipt, are
either returned to the donor or delivered to a nonprofit entity exempt
from taxation wider Section 50 I (c )(3) of the Internal Revenue Code
without being claimed as a charitable contribution for tax purposes.
(C) Gifts from an individual's spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, sister-in-law, nephew,
niece, aunt, uncle, or first cousin or the spouse of any such person;
provided that the gift from any such person shall be considered a gift
if the donor is acting as an agent or intermediary for any person not
covered by this paragraph.
(D) Campaign contributions required to be reported under the Political
Reform Act, as amended.
(E) Any devise or inheritance.
(F) Personalized plaques and trophies with an individual value of less
than two hundred fifty dollars ($250).
(h) The term "person" means an individual.
SEe. 2.72.020. REGISTRATION.
,
(a) Except as provided'in Section 2.72.030, any person who, on behalf of any
corporation, firm, organization, or person other than himself attempts to influence
any City decision by contacting, personally, or by telephone any of the following
City officers or employees shall, prior to such contact, or within five calendar days
thereafter, register as a Municipal Lobbyist:
(1) Members of the City Council
(2) Members of any board or commission of the City
(3) Councilor mayoral aides
2
10-5
(4) City Attorney
"
".. '. . . .
(5) All AssistantCity Attorneys or Deputy City Attorney~
(6) City Manager
(7) Assistant City Manager J'
",
(8) Ail department heads
,(9) All assistant department heads
(b)
. A person representing a firm of which he is, a member shall be deemed to be
representing a person other than himself.
(c)
The registration requirement imposed by this section shall apply to all natural
persons conducting the activit~es described in s\lbdivision (a). Acorporation, firm,
or organization ~mploying persons engaged in lobbying activities may not elect to
register in its own name.
SEe. 2.72.030 EXEMPTIONS FROM REGISTRATION REQUIREMENT.
Registration shal\ not be require,d of the follo~ng persons: '
(1) A person whose only contact with any City officer or employee described in
Section 2.72.020 in attempting to influence a City decision consists of
speaking at a public meeting or hearing before a board or commission or at a
hearing before a City officer, or of sending a written communication to a City
officer or employee, or both,
(2) An officer or employee of the United States or any state or political subdivision
thereof, cities, counties, special districts, or any other governmental entity,
representing his governmental employer in the ,course of his official duties.
(3) A member of the S~ate Bar of California who is performing a service which.
lawfully can be performed only by an attorney licensed to practice.law in'
California.
(4) Any representative of an employee organization while acting pursuant to the
Meyers-Milias-Brown Act or pursuant to a procedure established by the City
in accordance with said Act, contacting an officer or employee ofthe.City
other than a member of the Council who has been designated by the Council
as its representative to meet with such representative of an employee
organization.
10-6 ,
3
(5) Any person brought to a City officer or employee described in Section 2.72.020
by a person registered pursuant to this Chapter to provide technical or other
information.
(6) Any person whose contacts with City officers or employees described in Section
2.72.020 is limited to routine sales discussions with the Purchasing Agent for
the purpose of selling goods or services to the City.
SEe. 2.72.040. CONTENTS OF REGISTRATION.
(a) Any registration made pursuant to Section 2.72.020 shall be in writing, filed with
the City Clerk, signed by the registrant, or an authorized officer thereof, under
penalty of perjury.
(b) The registration shall set forth the following information:
(1) Registrant's name.
(2) Registrant's business address.
(3) Name of the person, firm, corporation, or organization represented. If the
registrant is employed by a company or firm that itself has been retained by a
person, corporation, firm, or organization to obtain a City decision, to which
the registrant has been assigned, the registrant shall disclose the names of both
his immediate employer and the person, corporation, firm, or organization that
has retained his immediate employer.
(4) A list of the elective or appointed City offices that the registrant will attempt
to influence.
SEe. 2.72.050. NOTIFICATION OF REGISTRATION REQUIREMENT.
The City Clerk shall issue, upon request of any City officer or employee described in
Section 2.72.020, a "Notice of Registration Required" to any person believed by such
City officer or employee to be required to register under Section 2.72.020. Any person
who in good faith believes that he is not required to register under this Chapter shall not
be deemed to have violated Section 2.72.020 ifhe registers within ten days after receipt
of notice from the City Clerk that registration is required.
. SEe. 2.72.050. DISCLOSURE STATEMENTS.
(a) The term "quarter" means the annual calendar quarter of the year, namely, the
time periods encompassed by January I-March 31, April I-June 30, July 1-
September 30, and October I-December 31, respectively.
4
. 10-7
(b)
Any person registered or required to be registered pursuant to this Chapter and
any person, corporation,' firm, or organization repres"nted bya person registered
pursuant to this Chapter, who makes any expenditure of $25 or more on anyone
occasion, or who expends in the aggregate a total of $1 00 or more in anyone
quarter in providing food, drink, lodging, transportation, recreation, service, or any
other thing of value, including any gift oE political campaign co~tribution, to an
individual City officer or employee described in Section 2.72.020, whether on his
own behalf or on behalf of another, shall file, between the 1 st and 15th day of each
calendar quarter, a written statement disclosing such expenditures made during the
proceeding quarter. The statement shall be filed with the City Clerk, shall set forth
the amount expended, the;p.ame of the City officer or employee.who received t~e
service or thing of value, and shall be signed under penalty of perjury. For purposes
of det'ermining the amount expended during one quarter, the amounts expended on
anyone City officer or employee by all representatives, officers, directors and
employees of a corporation, firm, or organization ~hall be aggregated.
.'. -
SEe. 2.72.060. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Chapter, or the application thereof to any person, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Chapter or its application to
other persons. The City Council hereby declares that it would have adopted this Chapter,
and each section, s~bsection, 'subdivision, sentence, clause, phrase, or portion thereof,
irrespective: of the fact that anyone or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions, or the application thereof to any person, be
declared invalid or unconstitutional.
SEe. 2.72.070. ENFORCEMENT.
(a) The city attorney shall not investigate or prosecute alleged violations of this
chapter, but shall defend the constitutionality and legality of this chapter in any civil
proceeding in which the city or the city council is a party.
(b) Special counsel shall investigate or prosecute alleged violations of this chapter.
(c) The city attorney shall solicit proposals from attorneys, in accordance with Section
503 of the city Charter and Chapter 2.56 CVMC to act as special counsel. The city
attorney may utilize the panel of attorneys appointed pursuant to Section 2.52.170
for this purpose. The city attorney may .utilize the funds appropriated pursuant to
Section 2.52.170( c) for this special counsel.
(d) The city attorney shall appoint a panel of no less than three attorneys to act as
special counsel. Said attorneys shall be compensated by the city and shall serve as
the enforcement authority for this chapter. Should the appointment of additional
special counsel become necessary or appropriate, the city attorney shall appoint
10-8
5
such additional special counsel as may be required. A single member of the special
counsel panel will be assigned to each case. Assignments will be made on a rotating
basis.
( e) Complaints of violation of this chapter shall be submitted in writing, under penalty
of peIjury, by a reside!).t of the city to the city clerk. Said complaint shall state the
full allegation of facts that would constitute a violation of the code. The complaint
must be filed within 90 days of discovery of the alleged violation.
(f) The city clerk shall forward the complaint to the randomly assigned speCial counsel
from the panel of attorneys appointed by the city attorney within five working days
of receipt for a probable cause determination. lfno probable cause is determined to
exist the complaint shall be dismissed summarily and interested parties shall be
notified in writing.
(g) If probable cause is determined to exist, special counsel shall take further
investigatory and procedural steps necessary to resolve the matter.
(h) Violations of this chapter may be pursued either through a civil or criminal action at
the discretion of the special counsel. Special counsel may also commence and
prosecute any necessary administrative proceedings or civil litigation to compel
compliance with this chapter. No enforcement or prosecution or action of special
counsel shall be subject to the review or control of the city attorney or city council.
. (i) Special counsel may investigate and may institute legal action to prevent further
violations. The special counsel may decline to investigate if the allegation is also a
violation of state law and is the subject of a complaint filed with the fair political
practices commission.
G) Special counsel shall be immune to Jiability for enforcement of chapter.
SEe. 2.72.080. PENALTIES.
(a) Any person who willfully violates any provision of this chapter is guilty ofa
misdemeanor. Any person who willfully causes or solicits any other person to
violate any provisions of this chapter, or who aids and abets any other person in the
violation of this chapter shall be guilty of a misdemeanor. The City may also seek
injunctive relief and civil penalties or pursue any administrative remedy set forth in
this Municipal Code.
(b) In addition to any other penalty or remedy available, if any person fails to file any
registration form or quarterly disclosure report required by this chapter that person
shall be liable to the City in the amount of ten dollars ($10) per day after the
deadline until the report is filed.
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(c)
In,determining the amount ofliability, the court may take ,into account the',
~eriousness of the violation and the degree of culpability of the defendant: If <l'
, judgment is entered, the funds recovered shall be deposited into the city's general
fund.
:,J
,-, ~
Presented by:
Approved as to Form by:
L.
Ann Moore
City Attorney
,
v,
Ann Moore
City Attorney
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J:\Attorney\CINDTh1c\LOBBYING\Lobbying Ordinance (County) ~- 04~26-06.doc
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10-10
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