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HomeMy WebLinkAboutAgenda Packet 1995/12/19 /'11::' " , ! , , " ,~" <, "! 1!11 ('-~' Tuesday, December 19, 1995 -;"~, [", of; . /:- " "J ,,",,; on Council Chambers 6 ,00 p.m. t, :; :c:; / ~ #12_. '.':. :.. ,k-.'~ _"Public Se",ic"", Building Regular Meeti~'g of'the City of Chula Vista i(:~ouncil CALL TO ORDER 1. ROLL CALL: Council members Alevy _, Moot _, Padilla _, Rindone _, and Mayor Horton_. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Elizabeth Karin Cox - Youth Commission. b. Boys and Girls Club of Chula Vista's recognition of the American Golf Company for their assistance in Club's golf tournament fund raising event. Stephen Melvin, Board President, will present a recognition plaque to Ric Crochet, Golf Course Manager. ***** Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any final actions taken in closed session and to adjourn the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported will be recorded in the minutes which will be available in the City Clerk's Office. ***** CONSENT CALENDAR (Items 5 through 13) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNTCA nONS: a. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 12/5/95, Council deliberated on the compensation structure for middle manager positions, unrepresented positions and executive manager positions. Council voted to grant to middle managers and members of the unrepresented group hired prior to 1/1/95 and continuously employed thereafter, a stipend of $200, and to grant to executive managers a day off with pay to be used or lost during 1996. There were no actions taken in Closed Session on 12/12/95. It is recommended that the letter be received and filed. Agenda -2- December 19, 1995 b. Letter of resignation for Andrew Delgado - Mobilehome Rent Review. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. c. Claim against the City: Claimant - Charles Keith Hawkins, 476 Berland Way, Chula Vista, CA 91910. Due to remote liability on the part of the City, it is recommended by the City Attorney's Office and Risk Management that the Claim be denied. 6. ORDINANCE 2657 AMENDING VARIOUS SECTIONS OF CHAPTER 2.60 OF THE MUNICIPAL CODE REGARDING LOST AND STOLEN PROPERTY (second readin!! and adoDtion) - Currently the Municipal Code does not provide for the donation of property to charitable organizations. The amendment will allow for such in the future. Staff recommends Council place the ordinance on second reading and adoption. (Chief of Police) 7. ORDINANCE 2658 APPROVING AMENDMENTS TO THE EASTLAKE II (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (LAND USE DISTRICT MAP ONLY) AND CONSIDERING AN ADDENDUM TO FSEIR-86-04 (B) (second readinl! and adoDtion) - The purpose of the amendments are to relocate two neighborhood park parcels, expand the area available for community purpose facilities, transfer densities among parcels within the SPA, adjust land use and parcel boundaries and designate parcel R-26 for low income housing in accordance with the recently adopted EastLake Affordable Housing Program and EastLake Greens Affordable Housing Agreement. Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) 8. RESOLUTION 18161 ACCEPTING FEDERAL GRANT FUNDS MADE A V AILABLE BY THE VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994 (THE CRIME BILL) - On 2/28/95, Council authorized the City Manager to submit appropriate COPS AHEAD applications. As a result, the City has been awarded $300,000 to fund four peace officers for the period of 4/1/95 through 3/31/98. Staff recommends approval of the resolution. (Chief of Police) 9. RESOLUTION 18162 APPROVING THE AGREEMENT WITH ESGIL CORPORATION TO PROVIDE PLAN CHECK ENGINEERING SERVICES, AND AUTHORIZING MAYOR TO EXECUTE SAME - The agreement provides staff with a necessary resource of engineering expertise for projects which require complex engineering analysis. Staff intends to utilize the consultant's services for those projects requiring advanced engineering skills for plan review. All fees are generated by the payment of plan check fees borne by the applicant. Staff recommends approval of the resolution. (Director of Building and Housing) 4/5th's vote required. Agenda -3- December 19, 1995 10. RESOLUTION 18163 APPROVING THE MEMORANDUM OF UNDERST ANDING WITH THE CITY OF SAN DIEGO AND THE SAN DIEGO TECHNOLOGY COUNCIL TO WORK COOPERATIVELY TO IMPLEMENT THE ACTIVITIES OF THE SAN DIEGO DEFENSE CONVERSION PROGRAM WHICH INCLUDES THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) - A condition of the Federal Economic Development Administration grant for BECA requires the City of Chula Vista, City of San Diego, and the San Diego Technology Council to execute a non- financial Memorandum of Understanding. Staff recommends approval of the resolution. (Director of Community Development) 1l.A. RESOLUTION 18164 REJECTING LOW BID FOR NON-COMPLIANCE WITH THE CITY'S DISADV ANT AGED AND WOMEN OWNED BUSINESS PROGRAM REQUIREMENTS FOR "CONSTRUCTION OF SIDEWALK RAl\1PS ON V ARIOUS STREETS IN THE CITY, FISCAL YEAR 1995/96 PROGRAM (ST -513)" - Sealed bids were received on 10/25195. The work to be done consists of removal of curbs, gutter, and sidewalk and the construction of sidewalk ramps on various streets. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18165 ACCEPTING BIDS AND A WARDING CONTRACT TO THE SECOND LOW BIDDER FOR "CONSTRUCTION OF SIDEWALK RAMPS ON V ARIOUS STREETS IN THE CITY, FISCAL YEAR 1995/96 PROGRAM (ST -513)" AND AUTHORIZING STAFF TO INCREASE QUANTITIES TO EXPEND ALL A V AILABLE FUNDS FOR THIS PROJECT 12.A. RESOLUTION 18166 APPROVING FINAL MAP OF TRACT 88-3A, EASTLAKE SOUTH GREENS UNIT 4 ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDIC A TED ON SAID MAP, REJECTING ON BEHALF OF THE CITY THE OPEN SPACE LOTS GRANTED ON SAID MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On 7/18/89, Council approved the Tentative Subdivision Map for Tract 88-3, EastLake Greens. On 8/16/94, Council approved Tentative Map 88-3A and imposed additional conditions of approval. The amendment to the tentative map covers the area south of Clubhouse Drive which is designated as EastLake South Greens. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18167 APPROVING SUPPLEMENT AL SUBDIVISION Il\fPROVEMENT AGREEMENT FOR EASTLAKE SOUTH GREENS UNIT 4 REQUIRING DEVELOPER TO COMPL Y WITH CERT AIN UNFULFILLED CONDITIONS OF RESOLUTIONS NUMBER 15200 AND 17618, AND AUTHORIZING THE MAYOR TO EXECUTE SAME Agenda -4- December 19, 1995 13. RESOLUTION 18168 ORDERING THE SUMMARY VACATION OF A PORTION OF CERT AIN DRAINAGE, SEWER AND ACCESS EASEMENTS IN LOT 10 OF MAP 13176, TRACT 90-02, RANCHO DEL REY SPA ill - Rancho del Rey Investors, L.P., in care of McMillan Project Services, Inc., has requested vacation of a portion of certain drainage, sewer and access easements. The easements have no public facilities within them and will be superseded by relocation of the utilities originally intended for the easements. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. 14. PUBLIC HEARING CONSIDERATION OF REFUSE COLLECTION RATE ADJUSTMENT RELATED TO INCREASED DISPOSAL COSTS AT THE COUNTY LANDFILL FOR THE RESIDENTIAL, RESIDENTIAL Y ARDW ASTE, AND COMMERCIAL CONTRACTS - On 11/14/95, in response to a request from Laidlaw Waste Systems, Inc., Council directed staff to evaluate the need to amend the Municipal Code in order to allow Laidlaw to fully recover charges incurred in the disposal of refuse at the County landfill, and to recommend any necessary rate adjustments based on unrecovered costs. Staff recommends Council adopt the urgency ordinance and approve the resolution. (Director of Finance) Continued from the meeting of 12/5/95. A. ORDINANCE 2656 AMENDING SECTION 8.23.090 B.3. OF THE MUNICIPAL CODE TO ALLOW THE REFUSE COLLECTION FRANCHISE TO FULLY RECOVER LANDFILL PROCESSING COSTS THROUGH CUSTOMER BILLING RATES (url!encv) - 4/Sth's vote required B. RESOLUTION 18146 APPROVING INCREASES IN THE LANDFILL/PROCESSING COST RATE COMPONENT FOR THE RESIDENTIAL, THE RESIDENTIAL Y ARDW ASTE, AND THE COMMERCIAL CONTRACTS EFFECTIVE JULy 1, 1995, WITH THE RATE PAYERS BILLING RATES TO BE ADJUSTED BEGINNING JANUARY 1, 1996 IS.A. PUBLIC HEARING PCM-96-07;CONSIDERATIONOFAMENDMENTSTOTHEEASTLAKE GREEN SECTIONAL PLANNING AREA (SPA) PLAN PUBLIC FACILITIES FINANCING PLAN - The amendments to the Public Facilities Financing Plan involve minor statistical and development phasing changes and language reinstating EastLake's previous agreements to construct a previously deferred community center. Staff recommends Council approve the resolution and accept the report. (Director of Planning) Continued from the meeting of 12/12/95. RESOLUTION 18169 APPROVING AMENDMENTS TO THE EASTLAKE GREENS PUBLIC FACILITIES FINANCING PLAN COMPONENT OF THE EASTLAKE GREENS SECTIONIAL PLANNING AREA (SPA) PLAN B. REPORT EASTLAKE PARK ISSUES - The report addresses an unresolved park issue associated with the processing of amendments to the EastLake Greens Public Facilities Financing Plan (as identified in the GDPISP A Plan Amendment). The main focus of the report is to ensure that the community center identified in the EastLake Park Agreement is financed and constructed by the EastLake Development Company. Agenda -5- December 19, 1995 16. PUBLIC HEARING REVIEWING AND ADOPTING THE COUNTY OF SAN DIEGO INTEGRA TED WASTE MANAGEMENT PLAN AND COUNTYWIDE SUMMARY PLAN AND SITING ELEMENT - Staff recommends the oublic hearinl! be continued to 1/16/96. (Conservation Coordinator) 17. PUBLIC HEARING PCS-96-02; TENT A TIVE SUBDIVISION MAP FOR THE EASTLAKE GREENS UNIT 12, TRACT 96-02, INVOLVING 92 SINGLE FAMILY LOTS, TWO PUBLIC OPEN SPACE LOTS AND A PRIVATE PARK PARCEL ON 21.5 ACRES AT THE SOUTHWEST CORNER SOUTH GREENS VIEW DRIVE - EASTLAKE DEVELOPMENT COMPANY - The applicant has submitted a tentative subdivision map known as EastLake Greens Unit 12, Tract 96-02, in order to subdivide 21.5 acres in 92 single family detached lots, 2 open space lots, and a private park. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 18170 APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE GREENS PARCEL R-12, TRACT 96-02 ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMEND A TIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak II form available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 18. RESOLUTION 18171 APPROVING A SEWER SERVICE CHARGE REFUND TO THE SOUTHWESTERN COLLEGE FOR THE PERIOD FROM OCTOBER 21, 1993 THROUGH JULY 21, 1995; AND APPROPRIATING AN ADDITIONAL $64,600 THEREFOR - On 9/29/95, the City Manager approved a sewer service charge variance for Southwestern College. The Municipal Code allows for a refund retroactive to ninety days prior to the date the variance application was submitted, which was 1/11194. It is recommended that Southwestern College receive a sewer service charge refund of $64,575.87 for charges paid during fiscal years 1993/94 and 1994/95 which were in excess of the revised method of billing approved in the variance. Staff recommends approval of the resolution. (Director of Public Works) Agenda -6- December 19, 1995 19. REPORT CONTINUATION OF THE JOINT-USE AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR USE OF THE LIBRARY FACaITY AT EASTLAKE HIGH SCHOOL - The original three-year agreement with Sweetwater Union High School providing for joint use of the EastLake Library will expire in June 1996. The current agreement allows for an extension of the nominal term. Staff recommends Council accept the report and direct staff to negotiate a renewal for Council's approval. (Library Director) ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. OTHER BUSINESS 20. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. 21. MA YOR'S REPORT(S) 22. COUNCIL COMMENTS Council member Rindone a. MTDB: Contract ratification of bus operators' new agreement. ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on January 9, 1996 at 6:00 p.m. in the City Council Chambers. A meeting of the Redevelopment Agency will be held immediately following the City Council Meeting. Agenda -7- December 19, 1995 ***** CLOSED SESSION Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 23. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 . Chammas vs. the City of Chula Vista. . Christopher vs. the City of Chula Vista. . MCA litigation. SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.8 . Purchase of property from R.E. Hazard Contracting Company, 1855 Maxwell Road, Chula Vista, CA. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WeE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 24. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ***** December 14, 1995 FROM: The Honorable Mayor and City coun~l V, '. L 'f\ \ John D. Goss, City Manager=):c\ ~)\ '::J~' \ City Council Meeting of Decemb~r)19, 1995 TO: SUBJECT: This will transmit ~he agenda and related materials for the regular City Council meeting of Tuesday, December 19, 1995. Comments regarding the written Communications are as follows: 5a. This is a letter from the City Attorney reporting observance of actions taken in the Closed Session of December 5, 1995, the City Council deliberated on the compensation structure for middle manager positions, unrepresented positions and executive manager positions. The council voted to grant to middle managers and members of the unrepresented group hired prior to January 1, 1995 and continuously employed thereafter, a ~tipend of $200, and to grant to executive managers a day off with pay to be used or lost during 1996. There were no actions taken in the Closed Session of December 12, 1995 which are required under the Brown Act to be reported. 5b. IT IS RECOMMENDED THAT THE RESIGNATION OF ANDREW DELGADO FROM THE MOBILEHOME RENT REVIEW COMMITTEE BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY. 5c. IT IS RECOMMENDED THAT THE CLAIM AGAINST THE CITY FILED BY CHARLES KEITH HAWKINS BE DENIED. JDG:mab ~J~ L~-: ~~~ -- --- OlY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: December 13, 1995 From: Bruce M. Boogaard, city City councfjl,n Attorney I ~'MJ To: The Honorable Mayor and Re: Report Regarding Actions Taken in Closed Session for the Meetings of 12/5/95 and 12/12/95 The city Attorney hereby reports to the best of my knowledge from observance of actions taken in the Closed Session that at the Closed Session of December 5, 1995, the City Council deliberated on the compensation structure for middle manager positions I unrepresented positions and executive manager positions. The Council voted to grant to middle managers and members of the unrepresented group hired prior to January 1, 1995 and continuously employed thereafter, a stipend of $200, and to grant to executive managers a day off with pay to be used or lost during 1996. There were no actions taken in the Closed Session of 12/12/95 which are required under the Brown Act to be reported. BMB:lgk C:\lt\clossess,no ,SLl- -) 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691 ~ECEIVED MEMORANDUM "95 lEe 12 P 2 :52 It li~,~AO~~~C December 12, 1995 TO: Vicki Soderquist, Deputy City Clerk FROM: Alicia Gonzalez, Administrative Office Assistant" C\ 0. SUBJECT: Resignation of Andrew Delgado - Mobilehome Rent Review Commission Vicki, I'm sending you this memo to let you know that Member Andrew Delgado from the Mobilehome Rent Review Commission resigned. The reason being is that he no longer resides in the City of Chula Vista as of December 1, 1995. ag [AG\C:\ WPWIN\ALlCIA \MEMOS\DELGADO. MEM I (~ , ,~.'RI1TE~J /).,~ /: ~ 1>-5 /j/u~ ( i/ ck 21~ (,:/ / /) . !/~~ ;:/C P ,::OM ,- . U~~"i~';;~ ~. '.A ~,~(d . .. h /.y;/p;~ ~-/ COUNCIL AGENDA STATEMENT Item 5;;.. Meeting Date: 12/19/95 SUBMITTED BY: Claim Against the City .....- Director of Personnel l t:' (4/5ths Vote: Yes_No~ ITEM TITLE: REVIEWED BY: City Manager , " I'" I I 7dl Claimant: Mr. Charles Keith Hawkins 467 Berland Way Chula Vista, CA 91910 On October 23, 1995, Mr. Charles Keith Hawkins filed a Claim Against the City ofChula Vista alleging damages within the jurisdiction of the Superior Court in connection with his disability retirement from the City; specifically, he alleged he was entitled to restoration and/or reimbursement of various leave/vacation pay and other benefits. The claim was deemed insufficient and an Amended Claim was filed on November 29, 1995. Due to remote liability on the part of the City, it is the recommendation ofthe City Attorney's Office and Risk Management that the Claim be denied, RECOMMENDATION: Deny the above Claim. J 5c-/ COONCIL AGENDA STATEMENT ITEK t /,;,Z/ HEETrNG ~~ ~5 ~~(- ITEM TITLE: Ordinance cJ.&5'l. Amending Chula Vis~~~?niciPal Codes 2.60.020, 2.60.030 and 2.60.150 ~ ~~ SOBMITTED BY: Chief of pOlice~~ ~~\~\~G ~ O~v REVIEWED BY: city Manager~~~ (4/5th's Vote: Yes__No Xl As currently constructed the Chula vista Municipal Code does not provide for the donation of lost or stolen property to charitable organizations. The proposed ordinance amends Chapter 2.60 of the Chula vista Municipal Code to provide for such donat~ons. RECOMMENDATION: Place the Ordinance on first reading. BOARD/COMMISSION RECOMMENDATION: NjA The Chula vista police Activities League was formed in January 1992. The mission of the police Activities League is to improve the quality of life in Chula Vista by establishing a union between youth and the community. This is to be accomplished by leading youth to positive life choices through affirmative interaction in academics, recreation and social events. Some of the goals of the Police Activities League are to strengthen the decision making skills of youth: to offer constructive leisure alternatives, to provide positive role models to the youth of Chula vista and to collaborate with other youth servicing agencies to ensure services are maximized to their fullest extent. The police Activities League has set about accomplishing these goals through numerous chari table ~vents and programs. Notable among the successful programs administered by PAL and related organizations are the Midnight Basketball program involving "at risk" teenagers in the community; the athletic programs provided by the Otay Golden Hands Boxing Club, whose programs are funded almost solely with PAL money: the 1994 Holiday Toy and Food Drive, which benefited over 1000 children and 300 families and numerous social events such as off-road races and sporting events to which children have opportunities to attend at no cost. The 1994 Holiday Toy and Food Drive was successful in part because we were able to provide bicycles to needy children who otherwise would not have received such an expensive gift. The 15 bicycles which were donated were selected from bicycles which had been in impound for approximatel~ three months. All of the bicycles had been kept for the required per10d of time and were designated for auction. The bicycles are generally auctioned at a fraction of their true value and net the City's general fund a minimal amount of money. t .,/ COUNCIL AGENDA STATEMENT PAGE 2, ITEM ~ MEETING DATE 12-12-95 The recommended amendments to the Municipal Code, would enable PAL to select from the stock of police impounded bicycles set for auction throughout the year enabling PAL to choose from a much larger pool of bikes for distribution to needy children in the communi ty . The ability to distribute these bicycles would strongly emphasize the Pol ice Department and the City's commitment to community Oriented policing and strengthen the bond between the Police Department and the youth of the City of Chula vista. The donation of bicycles last year required a special act of City Council. These amendments would make it unnecessary for City Council to take special action each year. Bicycles would be distributed at the direction of the PAL board of directors to needy children in the City of Chula Vista. The police Activities League would be designated to oversee and control the distribution of the bicycles. P.A.L. has received a commitment from Laidlaw to provide a storage container for the selected bicycles at no cost. We also have a space donated by Cal-stores in the 900 block of Broadway, adjacent to the SVPP satellite office, to place the container. steps have been taken to ensure that the city will not be subject to claims for injuries incurred by youth ridl.ng donated bikes. The Automobile Club of Southern California bicycle mechanics inspect the bicycles to insure they are road safe. All families receivin~ bikes sign a release of liab1lity form relieving the City of Chula V1sta of responsibility for injuries sustained by riders of the bikes. These forms will be maintained by the PAL Board of Directors. Additionally, each individual receiving a bicycle is also provided with a new bicycle helmet. Copies of the proposed amended city ordinances (Attachment A) and the Acceptance and Acknowledgement forms (Attachments B and C) are attached to this report. PAL is currently working with the City Attorney to develop a release of liability form that the recipient will be required to sign on acceptance of a bicycle. FISCAL IMPACT: Bicycles typically bring an average of $18.00 each at auction. In fiscal year 1994-1995 16 bicycles were diverted to P.A.L. by council action, for a total impact of $288.00. Staff anticipates similar donation levels in the future. The number of bicycles which are of quality to be donated comprise a small percentage of the total bicycles impounded. Therefore staff sees no need to limit the number of bicycles which can be donated. cym t~ :\\O~ 'iJO'? ~~ AN ORDINANCE OF THE CITY OF CH~~~VISTA AMENDING VARIOUS SECTIONS OF CH!l~~ 2.60 OF THE CHULA VISTA MUNICIPAL COD~ ~ARDING LOST AND STOLEN PROPERTY/\;;\~V ''0'''' ':)\; ORDINANCE NO. :2&5? The City Council of the city of Chula vista does hereby ordain as follows: SECTION I: That section 2.60.020 of the Chula vista Municipal Code is amended to read as follows: 2.60.020 Holding period-Bicycles and perishable material-Sale permitted when. Unclaimed perishable property may be sold at public auction or transferred in the manner set forth in this chapter for personal property other than perishable property prior to the expiration of the six-month period. Bicycles may be sold at public auction in the same manner. or donated to a non-profit. charitable orqanization desiqnated by the chief of police after being held by the police department for a period of at lenst ninety days. SECTION II: That Section 2.60.030 of the Chula vista Municipal Code is amended to read as follows: 2.60.030 Sale-Procedure generally. After holding such unclaimed property for the period described herein, the same shall be sold by the chief of police or his duly authorized representative, at public auction to the highest bidder or, in the case of unclaimed bicycles onlY. may be donated to a non-prof it. charitable orqanization desiqnated by the chief of police. Anv donation of bicycles shall be made pursuant to department policy for desiqnation of eliqible non-profit, charitable orqanizations which shall set forth standards includinq, but not limited to: that the recipient orqanization will use the bicvcles for donation to vouths determined to be "at risk" or of special financial need and that donations of bicycles will not be made to members of the police department or their respective families. Alternatively, pursuant to the provisions of section 2.60.035 said unclaimed property may be transferred to the city. SECTION III: That Section 2.60.150 of the Chula vista Municipal Code is amended to read as follows: 2.60.150 vesting of title to unclaimed property in finder. A. Valuation of Twenty-five Dollars or More. ~'? If the reported value of the property. is twenty-five dollars or more and no owner appears and proves his ownership of the property. within ninety. days, the police department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his ownership of the property and the person who found or saved the property. pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the Required Fee(s) is first paid to the city, county, or city and county whose police department caused the notice to be published. B. Valuation of Less Than Twenty-five Dollars. If the reported value of the property is less than twenty-five dollars and no owner appears and proves his ownership of the property within ninety days, the title shall vest in the person who found or saved the property, unless the property. was found i~ the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. C. Exception - Bicycle. If the found or saved property is a bicycle, if no owner appears and proves ownership of the bicycle wi thin ninety days, the tItle shall not vest in the person who found or saved the bicycle. All such unclaimed bicycles shall be sold at public auction or donated for charitable purposes pursuant to this chapter. SECTION IV: This.ordinance shall take effect and be in full force and effect on the thirtieth day from _ and after its adoption. Presented by Approved as to form by Richard P. Emerson, Chief of Police c: \ or\ chap260 t'( A'l TACHMENT A r77' !""'~-~ .. . r:~ '. . - ... '" . .'.. \ . ' r,.: ~, ' ' , , r ' I I I r., ..----.. ,......,..~.~r.~ :. .'..J.~ ,.' I ,~ " ,,' '-. . I I ~ ~D!NANCE'""N~ ~ ,! r-j f: 'J ' . !l' .~. W MEETING DATE: 12-12-9: ATTACHMENT A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF CHAPTER 2.60 OF THE CHULA VISTA MUNICIPAL CODE REGARDING LOST AND STOLEN PROPERTY. The City Council of the City of Chula Vista does ordain as follows: SECTION I: That section 2.60.020 of the Chula vista Municipal Code is amended to read: 2.60.020 Boldinq period-Bicycles and perishable material-Sale or Donation permitted wh~n. Unclaimed perishable property may be sold at public auction or transferred in the manner set forth in this chapter for personal property other than perishable property prior to the expiration of the six-month period. Bicycles may be sold at public auction in the same manner. or donated to a non-profit. charitable oraanization desianated by the chief of police after being held by the police department for a period of at least ninety days. (Ord. 2098 Sl (part), 1985; Ord. 1067 Sl (part), 1967; prior code S2.38). SECTION II: That section 2.60.030 of the Chula vista Municipal Code is amended to read: 2.60.030 Sale or Donation-Procedure qenerally. After holding such unclaimed property for the period described herein, the same shall be sold by the chief of pOlice or his duly authorized representativeT at public auction to the highest bidder or. in the case of unclaimed bicycles onlY. may be donated to a non-profit. charitable oraanization desianated bY the chief of police. Any donation of bicycles shall be made pursuant to department policy for desianation of eliqible non-profit. charitable oraanizations which shall set forth standards includina. but not limited to: that the recipient oraanization will use the bicycles for donation to youths determined to be "at risk" or of special financial need and that donations of bicycles will not be made to members of the police department or their respective families. Alternatively, pursuant to the provisions of Section 2.60.035 said unclaimed property may be transferred to the city. (Ord. 2098 Sl (part), 1985; Ord. 1067 Sl (part), 1967; prior code S2.39) . ATTACHMENT A ~~ ~TTACHMENT A MEETING DATE: 12-12-9 PAGE 2 ATTACHMENT A SECTION III: That section 2.60.150 of the Chula Vista Municipal code is amended to read: 2.60.150 vesting of title to unclaimed property in finder. A. Valuation of Twenty-five Dollars or More. If the reported value of the property. is twenty-five dollars or more and no owner appears and proves his ownership of the property. within ninety. days, the police department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his ownership of the property and the person who found or saved the property. pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency in which case the property shall be 'sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the pUblic auction unless the Required Fee(s) is first paid to the city, county, or city and county whose police department caused the notice to be published. B. Valuation of Less Than Twenty-five Dollars. If the reported value of the property is less than twenty-five dollars and no owner appears and proves his ownership of the property wi thin ninety days, the title shall vest in the person who found or saved the property, unless the property. was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. C. Exception - Bicycle. If the found or saved property is a bicycle, if no owner appears and proves ownership of the bicycle within' ninety days, the title shall not vest in the person who found or saved the bicycle. All such unclaimed bicycles shall be sold at public auction or donated for charitable ourooses pursuant to this chapter. SECTION IV: This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Presented by: Approved as to form by: Richard P. Emerson, Chief of Erik R. Basil, Acting Assistant City Attorney r' r"~~~'~.i'J I .-' d". I . t ~ " tj~,~. . .' ~-~ , : ~ ~ \;;.A.......J'- ~ W ATTACHMENT A - -~---- AU.\C-IDiENT B MEETING DATE: 12-12-~ ATTACHMENT B !HAPPY HOLIDAYS/ FELICES DIAS DE FIESTA! The police Activities League wishes you a Merry Christmas, and hopes you will enjoy your bicycle. Ridin~ bicycles is a lot of fun, but as with all recreational activit1es, accidents can and do occur. We want you to be careful and ride safely. Please read each section of this agreement carefully and ask questions if you don to clearly understand any part of it. Please initial: ATTACHMENT B 1. I understand that all riders (adults and children) should wear a bicycle helmet whenever riding a bicrcle. I promise to wear my helmet whenever I r1de my bike. 2. I understand that this bicycle is subject to all the laws of the road, .and that I have to obey traffic rules when I ride it. 3. I have been instructed in the use of brakes and gear shifting mechanisms, and in the use of brakes and gear shifting mechanisms, and in the use of all quick release mechanisms (wheels, seatposts, and brakes) as well as any wheel retention devices on this bicycle. 4. I understand reflectors are a safety item installed on the bicycle and should not be removed. 5. I understand that the bicycle I am receiving is a "used" bicycle, is not brand new, and is not waranteed or guaranteed by the police Activities League or the City of Chula vista. 6. I understand regular maintenance is required to keep this bicycle operating ~roperly and that if I don't take care of my bike, 1t may be unsafe to ride. I know that "regular maintenance" includes frequent inspection of all quick release mechanisms and wheel retention devices. I also understand that maintaining appropriate tire pressure at all times is essential for the safe use of this bicycle. The recommended tire pressure is marked on the tire. 7. I understand that lights are required by law when operating a bicycle at night. By initialing each item on the above checklist, I have indicated my complete understanding of each of these points, and I acknowledge my responsibilities regardin~ the contents. As a parent, I also agree to expla1n the points on this checklist to my child. X Parent or Guardian Signature ~,? 'TTACHMENT C , MEETING DATE: 12-12-S ATTACHMENT C !HAPPY HOLIDAYS/ FELICES DIAS DE FIESTA! La Liga de Actividades policiaca les desean una Feliz Navidad, y que disfruten sus bicicleta. Correr una bicicleta es muy divertido, pero como cualquier actividad recreacional, accidentes pueden ocurrir. Nosostros queremos que tengan precaucion y corran sus bicicletas con cuidado. Favor de leer cada secci6n de este acuerdo cuidadosamente y hagan preguntas si tienen alguna duda. Favor inicial: ATTACHMENT C 1. Yo entiendo que cada ciclista (nino 0 adulto) deber usar un casco al correr su bicicleta. Yo prometo usar mi casco cuando al correr mi bicicleta. 2. Yo entiendo que esta bicicleta esta sujeta a todos las leyes de la carretera, y yo tengo que obedecer las leyes 'de transito. 3. Yo he sido instruido en como usar 105 frenos y mecanisme de cambio, asi como el asiento y las llantas. 4. Yo entiendo que los reflectores son instalados para mi seguridad y no deben ser removidos. 5. Yo entiendo que la bicicleta que voy a recibir es "usada", no es nueva, y no esta garantizada por la Liga de Actividades policiaca 0 la Ciudad de Chula Vista. 6. Yo entiendo que mantenimiento es requerido para mantener esta bicicleta operando apropiadamente y si no la cuido, sera peligrosa al correr. LO entiendo que el mantenimiento incluye la inspeccion de frenos y llantas. Yo tambien comprendo que mantener la presion adecuada en las llantas es esential para la seguridad de esta bicicleta. La presion recomendada est a marcada en la llanta. 7. Yo entiendo que luces son requeridas por ley al operar una bicicleta en la noche. Al iniciar cada articulo, yo he indicado m~ completa comprension de cada punta y yo reconozco m1 responsabilidad con relacion al contenido. Como padre/madre, yo tambien acepto explicar estos puntas a mi hijo/hija. X Firma del Padre/Madre ~'Z/ ITEM TITLE: ~;\I I~' '/ RJ, ,.1'1"''1,<' "'!w' J )- i 11 ,I jr,l SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT 7 ) J7?:'/'.I.~O " - /7 --'. )) Item Meeting Date Public Hearing: PCM-96-07; Consideration of amendments to the EastLake II General Development Plan (EastLake I Extension), EastLake Greens Sectional Planning Area (SPA) Plan, Planned Community District Regulations, Air Quality Improvement Plan, Water Conservation Plan and Public Facilities Financing Plan. Resolution /8'l5?Approving the EastLake II (EastLake I Expansion) General Development Plan, EastLake Greens Sectional Planning Area (SP A) Plan, EastLake' Greens Air Quality Improvement Plan, EastLake Greens Water Conservation Plan and Eastlake Greens Public Facilities Financing Plan. , ~ ~\O~ Ordinance .2/...';)6 Approving Amendments to the Eas~t&'~oqy (EastLake I Expansion) Planned Community District ~ti3ns (Land Use District Map only). St..CO~'O ~t. ~' Director of Plannin~ ~ . City Manage....fl ~ A (4/Sths Vote: Yes_No-Xl The EastLake Development Company has requested amendments to the EastLake II General Development Plan (EastLake I Expansion), EastLake Greens Sectional Planning Area (SPA) Plan, Planned Community District Regulations, Air Quality Improvement Plan, Water Conservation Plan and Public Facilities ,Financing Plan. The purpose of these amendments is to: . Relocate two neighborhood park parcels, . Expand the area available for community purpose facilities (PQ) . Transfer Densities among parcels within the SPA . Adjust land use and parcel boundaries . Designate parcel R-26 for low income housing in accordance with the recently adopted EastLake Affordable Housing Program and EastLake Greens Affordable Housing Agreement. The docwnents affected by the amendments, as proposed to be revised, have been provided for your consideration and approval (see Sections 4-8). ~7// Page 2, Item /5'// Meeting Date 12/12/95 The Environmental Review Coordinator has determined that no new or supplemental EIR is neces3ary and has prepared an addendum to FSEIR-86-04 (B), EastLake Greens, which must be considered by the City Council prior to a decision on the project (see Attachment 4). BOARDS/COMMISSIONS RECOMMENDATION: On November 29, 1995, the Planning Commission voted 6-0 to recommend that the City Council approve the proposed amendments to the EastLake II (EastLake I Expansion) General Development Plan and EastLake Greens Sectional Planning Area (SPA) Plan in accordance with resolution PCM-96-07. RECOMMENDATION: That the City Council adopt the attached resolution and ordinance approving the proposal based on the findings and subject to the conditions contained therein. DISCUSSION: The EastLake Greens Planned Community is located on the south side of Otay Lakes Road between Hunte Parkway and the future alignment of the SR-125 Freeway (see Locatnr/ Exhibit A). The proposed GDP and SPA amendments consist of relocating two neighborhood parks (parcels P-3 & P-5), transferring densities among parcels within the SPA, expanding the acreage available for community purpose facilities (PQ) and designating Parcel R-26 for low income housing in accordance with the recently adopted EastLake Affordable Housing Program and EastLake Greens Affordable Housing Agreement (see Section 5 Appendix A). The General Plan Designations for the parcels involved are Residential Low Medium Density (3-6 dulac) and Residential Medium High Density (11-18 dulac). The Greens, however, is planned to be developed at about 4.5 dulac. The non-residential parcels are designated Parks and Recreation (P) and Public & Quasi-Public (PQ). The existing EastLake Greens GDP and SPA are not consistent with the Housing Element of the General Plan. However, the proposed amendments would bring these documents into conformance. The following paragraphs discuss each of the proposed amendments in more detail: ~ 7/.;2 Page 3, Item /519 Meeting Date 12/12/95 General Development Plan Amendment (Section 4) The General Development Plan text, map and statistical tables are proposed to be amended to reflect the proposed land use designation boundary adjustments and the following land use designation modifications which represent the requested density transfers and park relocations: Parcel Change From To R-lO R-12 LM (Low Medium 3-6 dulac) M (Medium 6-11 dulac) M (medium 6-11 dulac) LM & P (Low Medium 3-6 dulac and Park and Recreation) R-18 R-20 R-21 R-23 M (Medium 6-11 dulac) M (Medium 6-11 dulac) MH (Medium High 11-18 dulac) MH (Medium High 11-18 dulac) LM (Low Medium 3-6 dulac) No change DELETED LM & P (Low Medium 3-6 dulac and Park & Rec) MH (Medium High 11-18 dulac) (Removes Interim Designation) PQ (Public Quasi-Public) LM (Low Medium 3-6 dulac) R-26 LM (Low Medium 3-6 dulacj (Interim Designation) P (Parks and Rec) P (Parks and Rec) P-3 P-5 The proposed changes, which include a reduction in the total number of dwelling units from 6660 to 6527 (-133), are illustrated in the proposed GDP Plan (see Exhibits B-1 & B-2). EastLake Greens Sectional Planninl!: Area (SPA, Plan Amendment (Section 5) The SPA amendment includes the relocation of two neighborhood parks, density transfers, land use boundaries adjustment, expansion of the community purpose facilities land use designation (PQ), minor refinements to the Public Facilities Financing Plan (PFFP), and designating parcel R-26 for low income housing. Neighborhood Parks Relocation The neighborhood park identified as P-3 in the site utilization plan is presently shown on the east side of EastLake Parkway, partially within the southerly utility easement (see Exhibit C). The park site contains 11 acres, but 4.7 acres are within the SDG&E easement located along the south end of the parcel. Thus, the net usable park land is about 6.3 acres. The park is proposed to be moved to the 10 acre site presently identified as R-21. This parcel, which is targeted for 120 units, would be deleted and the acreage transferred to the public quasi-public parcel PQ-2 (see Exhibit D). Although the gross acreage of the new park location is smaller, the net usable park land acreage provided for the EastLake Greens increases by approximately 3.7 acres. ~ 0__ 7 / ~ / Page 4, Item /.t':tJ Meeting Date 12/12/95 The three acre private neighborhood park identified as parcel P-5 (see Exhibit C) is also proposed to be relocated to the southwest comer of South Greens View Drive and Hunte Parkway (see Exhibit D). The park acreage remains the same but the new location provides better exposure and linkage to the open space lot and trails located directly across South Greens View Drive. The relocation of the park parcels (Parcel P-3 and P-5) respond to final master plan refinements intended to improve the Planned Community's recreational facilities and add to the quality of living at EastLake. Density Transfers The density transfers and parcel boundary adjustments are market based changes and planned community plan refinements intended to improve the quality of the neighborhoods. These changes will result in a reduction of 133 dwelling units without significant change to the original EastLake Greens Planned Community design. For tPe purpose of this report, the density transfers can be categorized as minor and major. Minor density transfers are those that involve an increase or reduction of 12 or less units and do not include changes in the GDP Land Use Plan designations or in the residential type. The following list reflects the proposed minor density transfers: Parcel R-3 -10 Parcel R-4 + I 0 Parcel R-6 -12 Parcel R-12 -1 Parcel R-15 -I Parcel R-22 -2 Parcel R-24 +2 Parcel R-27 -4 Parcel R-28 -9 The acreage and target densities have changed slightly on these parcels but the unit type and GDP land use designation remain unchanged (see Exhibit C). Major density transfers, which are those involving more than 12 units and which require changes in the GDP and Land Use District Designations, are as follows: ~~/r Page 5, Item /51) Meeting Date 12/12/95 Parcel 16: The acreage on this parcel increased from 10.5 to 10.9 (+ 0.4 ac) and the number of units increased from 83 to 109 (+26 units). The target density has also changed from 7.9 to 10 dulac which is consistent with the existing GDP designation of Residential Medium Density. Parcel 18: On this parcel the acreage does not change, but the number of units is reduced from 87 to 54 (-33 units). Consequently, the density is reduced from 8.8 to 5.5 and the GDP designation change from Medium Density (6-11 dulac) to Low MediUIJl Density (3-6 dulac). Parcel 20: For this parcel, the acreage is reduced from 15.7 to 14.3 (-1.4 acres) and the number of units reduced from -.146 to 109 (-37 units). The overall result is a reduction in density from 9.0 to 7.6 dulac. which is consistent with the existing GDP designation of Medium Density (6-11 dulac) Parcel 21: This parcel is deleted and the acreage transferred to parcel PQ-2 (-10 ac & -120 units). Parcel 23: The acreage on this parcel is increased from 15.8 to 20.3 (+4.5 ac), but the dwelling units h~ve been reduced from 214 to 72 (-142 units). The reduction in units results in a decrease in density from 13.3 to 3.5 dulac, a change in land use designation from Medium High Density (11-18 dulac) to Low Medium Density (3-6 dulac), and change in residential unit type from Residential Condominium to Residential Estates. Parcel 26: The acreage on this parcel is increased from 13.3 to 17 acres (+3.7 ac) and the number of units from 60 to 260. The density increases from 4.5 to 19.5 dulac (+15 dulac) which changes the GDP land use designation from Interim Low Medium Density (3-6 dulac) to Medium .High Density (11-18 dulac). The increase in density would allow EastLake to implement the recently adopted EastLake Greens Affordable Housing Program. The proposed density transfers result in an overall reduction of density (133 dwelling units) without a significant change in the original master plan design. The site utilization plan is proposed to be amended to reflect the proposed General Development Plan and SPA Plan changes (see Exhibit D). Boundary Adjustments As a result of the relocation of the park sites and the density transfers, the configuration of Parcel 10 has been modified, and the acreage reduced from 45.4 to 34.6 acres (-10.8 acres). The number of units, however, remains the same (246). The overall result is an ~ " ./ /' -~) Page 6, Item 1M Meeting Date 12/12/95 increase in density from 5.4 to 7.1 dulac which changes the GDP land use designation from Low Medium Density (3-6 dulac) to Medium Density (6-11 dulac) (see Exhibits B-1 and B-2). The reconfiguration of Parcel 10 and other parcels discussed in the Density Transfer Section of this report do not change the original development pattern and circulation system of the EastLake Master Plan. These boundary adjustments would be incorporated in the EastLake Greens Master Tentative Map through a separate lot line adjustment process. Expansion of the Community Purpose Facilities (PQ) land use designation Section 19.48.020 of the Chula Vista Municipal Code requires that all planned community (PC) districts designate land for community purpose facilities at a rate of 1.39 acres per 1,000 population. The current EastLake Greens SPA plan, with 2,871 dwelling units, provides a total of 17.1 acres in two separate parcels (PQ-l and PQ- 2), or about 2 acres per 1,000 population (see Exhibit C). The proposed amendments reduce the acreage on Parcel PQ-l from 12.3 to 10.3 (-2 acres), increase the acreage on Parcel PQ-2 from 4.8 to 15.8 (+ 11 acres) and reduce the total number of dwelling units from 2871 to 2738 (-133). With the reduction of 133 dwelling units and the added acreage, the ratio would be inc!eased to 3.2 acres/ 1,000 population. Although the gross acreage provided for community purpose facilities exceeds the Chula Vista Municipal Code requirement, a total of 15 acres are either used for other purposes or have limited use. Parcel PQ-l (10.3 ac.) is presently occupied by an existing water storage tank and 4.7 acres of the expanded Parcel PQ-2 are within a utility easement. Thus, the net usable acreage is about 11.1 acres which represents about 1.37 acres per 1,000 population. This ratio is more in keeping with the CVMC requirement. It is important to note, however, that the area within the utility easement could be used for outdoor type uses in conjunction with a community facility and that the excess acreage could potentially be used when the EastLake' s southerly adjacent land is master planned. Designation of Parcel R-26 for Low Income Housing The EastLake I General Development Plan (EastLake I extension) designates parcel R-26 Residential Low Medium Density (3-6 dulac). However, in December 1993, the City Council approved an amendment to the General Plan to increase the density of parcels R-9 and R-26, and reinstated a previously deferred requirement to provide 10% of the approved housing units as affordable to low and moderate income households. ~ ... '--' / / J? Page 7, Item 15'4 Meeting Date 12/12/95 To comply with this requirement the City Council approved, in July of this year, an Affordable Housing Program for the EastLake Greens as well as the remaining undeveloped portions of EastLake. The Affordable Housing Program implementation strategies identify parcel R-26 as the first low income housing site within the Greens, and it is expected that this site would provide the bulk of the Greens low income housing commitment. To enable this to occur, and consistent with the General Plan for this site, the land use designation is proposed to be changed from Low Medium Density (3-6 duJac) to Medium High Density (11-18 duJac), and the allowed number of units increased from 60 to 260. The above mentioned Affordable Housing Program is being incorporated as part of the EastLake Greens SPA (Section 5 appendix A) EastLake Greens Planned Community District Reeulations Amendment (Section 6) The Land Use District Map in the Planned Community District Regulation document is proposed to be amended to reflect the above mentioned density transfers, land use boundary adjustments and park relocations. More specifically the Land Use District Plan amendments are as follows: Parcel 21 From RC-15, Residential Condominium to RS-5, Residential Estates Parcel 23 From PC-IS, Residential Condominium to OS-4, Open Space Parcel P-3 From OS-4, Open Space to YC-3, Village Center Parcel P-5 From OS-4, Open Space to RP-8, Residential Planned Concept & OS-4, Open Space The existing and proposed land use district designations are illustrated on Exhibit F and G. EastLake Greens Water Conservation Plan. Air Quality Improvement Plan. and Public Facilities Financin~ Plan (Section 7) As a result of the proposed amendments, minor statistical amendments to the EastLake Greens Air Quality Improvement Plan, Water Conservation Plan and Public Facilities Financing Plan are being proposed to reflect updated project data. The Public Facilities Financing Plan (PFFP), however, In addition to nunor statistical amendments and project phasing changes, includes new language reinstating EastLake's previous agreement to construct a previously deferred community center and bond $700,000 ~ 7// Page 8, Item /.5/1 Meeting Date 12/12/95 for that facility (see Specific language in Section 8). The background rationale and justification for the amended PFFP Parks language is addressed in a separate attached report from Parks and Recreation. ANALYSIS The proposed GDP and SPA amendments incorporate the recently adopted Mfordable Housing Program and identify a parcel to implement the previously deferred requirement to provide 10% of the total units contained within the SPA as affordable to low and moderate income households. The amendment also brings the GDP and SPA into compliance with the Housing Element of the Chula Vista General Plan. The expansion of the Public/Quasi-Public land use designation would reinstate the community purpose facilities (PQ) acreage taken by the existing water tank and allow the establishment of more traditional community services, such as churches, day care centers, assembly halls, etc. in the remaining PQ acreage. The proposed density transfers, which will result in a reductior of 133 units, will also allow the developer to respond to present housing market demands and provide land use changes that complement the existing planned community recreational facilities and quality of life at EastLake. CONCLUSION For the reasons noted above, staff recommends approval of the project in accordance with the attached Planning Commission resolution. FISCAL IMP ACT: The applicant has paid for all costs associated with the processing of these amendments. Attachments 1. Council Resolutions and Ordinances 2. Exhibits: 3. Planning Commission Minutes and Resolutions 4. FSEIR-86-04 (B) Addendum 5. Disclosure Statement 6. EastLake Park Issues Report (M:\H0ME\PLANNINGILUIS/PCM-9607,113 ~ F7--~ ORDINANCE NO. ,(~r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II (EASTLAKE O\.\O~ I EXPANSION) PLANNED COMMUNITY DISTRICT REGULA!).~\ (LAND USE DISTRICT MAP ONLY) AND CONSIDERING AN ~~~UM TO FSEIR-86-04 (B). ~~\)\\ CO~\) S~ I. RECITALS A. Project Site WHEREAS, the properties which are the subject matter of this ordinance are diagrammatically represented on Exhibit E and F attached hereto and incorporated by this reference, and located within the EastLake II (EastLake I Expansion) Planned Community Area of the City of Chula Vista ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on September 29,1995, the EastLake Development Company ("Developer") filed an application requesting amendments to the EastLake II (EastLake I Expansion) Planned Community District Regulations (known as Document No. _ on file with the Jffice of the City Clerk) Land Use District Map and Land Use District designations of certain areas within the EastLake Greens Planned Community ("Project"). C. Prior Discretionary Approvals WHEREAS, the Project Site has been in part the subject matter of a Sectional Planning Area (SPA) Plan previously approved by City Council Resolution No. 15199 ("EastLake Greens SPA Plan") and Planned Community (P.e.) District Regulations previously approved by City Council Ordinance No. 2317 (EastLake II-EastLake I Expansion-Planned Community District Regulations) on July 18, 1989. D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on November 29, 1995, and voted to recommend that the City Council approve the Planned Community District Regulation Land Use District Plan amendment in accordance with the findings listed below. The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on November 29, 1995, and the minutes and resolutions resulting therefrom, are hereby incnrporated into the record of this proceeding. ~ ;-, C} /.- I E. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on December 12, 1995, on the Discretionary Approval Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this ordinance was introduced for first reading (December 12, 1995), the City Council of the City of Chula Vista approved Resolution No. by which it imposed amendments on the EastLake II (EastLake I Expansion) General Development Plan, East Lake Greens Sectional Planning Area SPA Plan, EastLake Greens Air Quality Improvement Plan, EastLake Greens Water Conservation Plan, and East Lake Greens Public Facilities Financing Plan. II NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: A. CERTIFICA TlON OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that no new supplemental EIR is necessary and has prepared an addendum to FSEIR-86-04 (B), EastLake Greens, which must be considered by the City Council prior to a decision on the project. B. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgement, the addendum to EIR 86-04 in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act, the state EIR guidelines and the Environmental Review procedures of the City of Chula Vista and does hereby adopt same. C. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendment to the EastLake II (East Lake I Expansion) Planned Community District Regulations Land Use Districts Plan are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare, and good zoning practice support the amendments. ~ '7-- / & ., -?i1.-a.'i D. APPROV AL OF ZONE AMENDMENTS The City Council does hereby approve the Planned Community District Regulation amendment to the Land Use District Map as diagrammatically represented in Exhibit F. III. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by ---z..- , &rUce M. Boogaard C~ey Robert A. Leiter Director of Planning M: \sharcd\planning\pcm96-07 .cco ~ /"1/ ttHIS PAGE BLANK .~ '7/);2.. COUNCIL AGENDA STATEMENT ITEM MEETING DATE r 12/19/95 ITEM TITLE: Resolution / 8"1 ~ I Accept Federal Grant Funds Made Available by the violent Crime Control and Law Enforcement Act of 1994 (the Crime Bill) and Authorize Transfer of Funds Between Accounts. SUBMITTED BY: Chief of Police 1-'--/ \ ,^?, \ t \ ci ty Manager \ i\,\~, 't 4/5th I s Vote: Yes_ No---1L) REVIEWED BY: On February 28, 1995, city Council authorized the City Manager to submit appropriate COPS AHEAD applications (attachment A) in response to federal grant funds made available by the violent Crime Control and Law Enforcement Act of 1994 (the Crime Bill). As a result of the COPS AHEAD Appl ication Kit submitted by the police department, the City of Chula vista has been awarded $300,000 to fund four peace officers for the period April 1, 1995 through March 31, 1998. The current request is to accept the amount awarded to fund four peace officers for fiscal year 1995-96. RECOMMENDATION: That Council adopt the resolution accepting the three year grant award of $300,000 in COPS AHEAD funds and authorize the transfer of funds between accounts to correct fiscal year 1995-96 appropriation to reflect actual expenditures as detailed in attachment B. BOARDS/COMMISSION RECOMMENDATION: N/A BACKGROUND: As part of the fiscal year 1995-96 budget process, the police department requested an additional four peace officers utilizing matching funds made available by the violent Crime Control and Law Enforcement Act of 1994. The COPS AHEAD Application Kit submitted by the police department was approved by the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) in May 1995. ~-/ Page 2, Item Meeting Date r 12/19/9') DISCUSSION: Community Oriented Policing has been a cornerstone of the police department for many years. An action plan, based on a formalized Problem Oriented Policing strategy, is in the final stages of development. Personnel funded through the violent Crime Control and Law Enforcement Act of 1994, along with city matching funds, will be utilized to successfully implement this strategy. Specifically, the police department will use these four officers to enhance the department's ability to use non-traditional community based partnerships in response to the unique needs of our city. Community Oriented Policing and Problem Solving prevents and solves crime by creating partnerships between police officers and the residential and business communities. The original budget request was developed many months in advance. Actual charges that will be needed have been identified, and, in order to have the budget figures compare to the federal grant figures, we are requesting that funds be moved between accounts to more accurately reflect the actual expenditures. The police department has also submitted a COPS MORE grant application in response to the federal funds made available by the Crime Bill, to request funding for the Computer Aided Dispatch/Records Management System/Mobile Data Terminals automation project. The COPS MORE application is in process and no information on project funding has been received. FISCAL IMPACT: A total of $300,000 has been awarded by the u.S. Department of Justice, Office of Community Oriented Policing Services (COPS). This amount will be matched with city funds over the three year grant period. Community Development Block Grant monies, in the amount of $80,000, were approved by City Council in July 1995 (attachment C) to be used as the city cash match for the first grant year period, which encompasses FY 1995-96. As part of the Community Development Block Grant process in subsequent years, staff may also request additional CDBG funding for the cash match. ci ty cash match funds for grant year two, FY 1996-97, and grant year three, FY 1997-98, will also be requested as part of the operating budget process. BB:bb ~.r dl- RESOLUTION NO. J~/ ~ I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL GRANT FUNDS MADE AVAILABLE BY THE VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994 (THE CRIME BILL) WHEREAS, on February 28, 1995, the city Council authorized the city Manager to submit appropriate COPS AHEAD applications in response to federal grant funds made available by the Violent Control and Law Enforcement Act of 1994 (the Crime Bill); and WHEREAS, as a result of the COPS AHEAD Application Kit submitted by the Police Department, the City of Chula vista has been awarded $300,000 to fund four peace officers for the period April 1, 1995 through March 31, 1998; and WHEREAS, the current request is to accept the amount awarded to fund four peace officers for FY 1995-96. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept the $300,000 in Federal Grant funds made available by the Violent Crime Control and Law Enforcement Act of 1994 (the Crime Bill). BE IT FURTHER RESOLVED that said funds are hereby authorized to be transferred between accounts to reflect actual expenditures as set forth in Attachment B. Presented by Bruce M. Boogaa ~ Attorney I Richard Emerson, Chief of Police c: \ I's\gl'ant. cop '5'"-:; f -1 ATTACHMENT A COUNCIL AGENDA STATEM:ENT Item Meeting Date 02/28/95 ITEM TITLE: Report: City Application for Funds Made Available by the Violent Crime Control and Law Enforcement Act of 1994 (the Crime Bill). O-IV Chief of Police ~ SUBl\1ITTED BY: REVIKWED BY: City Manager (4/5th's Vote: Yes_ No..xJ Staff is concerned with the time-lines established by the Department of Justice for receipt of Crime Bill grant applications. Both the COPS AHEAD and COPS MORE applications are requiring a maximum six-week turnaround. Due to the grant's complex requirements it will be difficult to develop complete and effective applications and process the applications through the customary City Council approval process within this time constraint. It is anticipated that the competition for both programs will be intense. By accepting this recommendation, the City Council will enable staff to focus on the development of effective Crime Bill grant applications. RECOi\1MENDA TIONS: 1. Authorize the City Manager to submit the appropriate COPS AHEAD and COPS MORE applications. 2. Direct the City Manager to bring forward a detailed Crime Bill Funding Implementation Plan for City Council review and approval prior to the acceptance of any grant award resulting from these applications. BOARD/COl\1MISSION RECOl\11Y1Et-rDA TION: N/ A As you are aware, Congress is considering amendments to the Crime Bill. Although many provisions of the Crime Bill and its total funding may be altered, the most recent information available from the League of California Cities, the Police Executive Research Forum, the International Association of Chiefs of Police, the Department of Justice and Congressman Filner's office is that the core law enforcement related components of the COPS AHEAD and COPS MORE programs will remain in tact. Based on information received from the Sources listed above, Police Department staff will continue to develop applications for both the COPS AHEAD and COPS MORE programs. You may recall that Chula Vista has already received tentative approval to hire four (-~) police officers through the COPS AHEAD program (see attachments), The COPS MORE program is designed to underwrite technology enhancements that will have the effect of providing more officers for community policing. COPS MORE would provide funding for up to 75 % of the cost of equipment and other reimbursement-eligible costs. COPS MORE could potenti,;Jly provide a partial funding source for the Public Safety Communications Project (Capital Improvement Program PS-115), PS-115 \,'i!l implement JrHegrarcd computer-aided dispatch, records management and mobile compute; communications systems for the Police and Fire Departments, A. Request for Proposals has been issued a.nd staff anticipates bringing fOf\vard ~,-5' Page 2, Item_ I\1eeting Date 02/28/95 a detailed report on the project's scope, time-line and funding as part of the FY 1995-96 budget process. However, staff is concerned with the time-lines established by the Department of Justice for receipt of Crime Bill grant applications. Both the COPS AHEAD and COPS MORE applications are requiring a maximum six-week turnaround. Due to the grant's requirements that the City develop a grant specific community policing plan and coordinate its response with a variety of criminal justice agencies on the state and local level, it will be difficult to develop complete and effective applications, and process the applications through the customary City Council approval process, within this time constraint. Moreover, amendments currently under consideration may dramatically reduce the restrictions on the use of Crime Bill funding and potentially render the applications being developed by staff at this time obsolete. Therefore, staff is recommending that the City Council: a) authorize the City Manager to submit COPS AHEAD and COPS MORE applications; b) direct the City Manager to bring forward a detailed Crime Bill Funding Implementation Plan for City Council review and approval prior to the acceptance of any grant award resulting from these applications. It is anticipated that the competition for both programs will be intense. By accepting this recommendation, the City Council will enable staff to focus on the development of effective Crime Bill grant applications. Police Department staff will continue to closely monitor all bills affecting the Crime Bill funding. Specific questions regarding Crime Bill applications can be directed to Kevin Hardy, Principal Management Assistant at 691-5144. FISCAL Il\.1PACT: Keeping in mind the potential impact of pending legislation, a summary of the current potential grant funding associated with these two programs and the associated City match requirement estimates are summarized below. The COPS Program Application Guidelines authorize agencies to fund their match requirement through the General Fund, the Community Development Block Grant program or other funds including De\'elopment Impact Fees. S231,033 has been previously appropriated from the Police Facilities DIF to PS-1l5, the Public Safety Communications Project. These funds are available as a potential source for a portion of the City match requirement associated with the COPS MORE Program. Grant Title COPS AHEAD COPS i\fORE POTEi'rTIAL IMP ACT Gnmt F.:.~ll1din~ S 300,000 S 1,006,500 S l,336,500 j\rlltch Requirement S 33 1 ,000 S 336,000 S 667,000 Att.1.::hments -- Previous Coun::i I In fOml:lCion Items Re ference the Cri me Bi II (2) ~,.~ ATTACHMENT B Chula Vista COPS AHEAD Funding as Approved by City Council 4.0 Peace Officers Account # 219-2197-5101 219-2197-5103 219-2197-5141 219-2197-5142 219-2197-5143 219-2197-5144 Account Description Salaries & Wages Overtime w/o Pers Retirement Contribution - City Employee Benefit Plan Medicare Workers' Compensation Total tF~? /<j~~ Original $144,510 $4,990 $35,010 $22,710 $2,090 $10,690 $220,000 Revised $157,857 $0 $38,160 $21,893 $2,090 $0 $220,000 ~~~ ~ ~~- ---- ---- ATTACHHENT C C1lY OF CHUlA VISTA / COMMUNITY DEVELOPMENT DEPARTMENT July 18, 1995 Police Department Rick Emerson, Chief of Police 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Emerson: SUBJECT: Community Development Funded Project(s) - Conditional Approv..ill 1. COPS I Grant Program $ 80 ,000 2. $ 3. $ 4. $ I am pleased to inform you that the project(~) listed above and the budget amount(s) have been approved by the Chula Vista City Council. Community Development staff is presently undertaking the environmental review necessary for the project(s), I v./ill notify you in writing when all environmental review and procedural requirements have been met and you may legally obligate the CDBG funds. Until then, please note that grant funds obligated prior to or without my written authorization will not be allowed. It is anticipated that all environmental review/procedural requirements will be met for the listed project(s) by August 4, 1995 If you have any questions regarding this matter please call Juan Arroyo at 691-5047. Sincerely, ~~, Cllris Salomone Community Development Director CS/JA:ag S'~I h -Ie) : -.:: ::- 0 ,) R......., c.. \ E C,..... ,-,I ~;.. \ ~ -:. ::::.... _ ::- C :: ~" :. :-. ~ -:' -: ~~. ~;.' -:.: .: - (AG B'\COND.APPROVAl L TRI DISK ~6 ~!."""-~~=":"::." ._"_'__,.!:.,"=:~:::' ~.,,,...,,.__...'.=":"':.,~~...... '..':.~",=:!:~~=~::::::;~,"""'~'" .~..,=:,-=:> L. _~""",,:,,. _.,. ,...,...,~=: " _ ,''''1'Il''''' ... ..4;;. Attachment B Chula Vista COPS AHEAD Funding as Approved by City Council 4.0 Peace Officers Salary Benefits Salary & Benefits Federal Share Federal Share % City Matching Funds City Matching Funds % Year 1 $144,514 $42.534 $187,048 $107,048 57% $80,000 43% Year 2 $159.328 $46,-156 $205,484 $102.742 50% $102.742 50% Year 3 $175,659 $62.349 $238,008 $90,205 38% $147.803 62% Total $479.501 $151.039 $630,540 $299.995 48% $330,545 52% ~--- :5 COUNCIL AGENDA STATEMENT Item No.: 9 Meeting Date: 12/19/95 ITEM TITLE: RESOLUTION / $'1 t tfl... APPROVING THE AGREEMENT BETWEEN ESGIL CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE PLAN CHECK ENGINEERING SERVICES SUBMITTED BY: Director of Building and Housin~ \<&V REVI EWED BY: City Manager ,;1 I i /1 (4/5ths Vote: Yes~ No-> Background: On June 3, 1992, City Council approved Resolution No. 16530 approving the agreement between the Esgil Corporation, 9320 Chesapeake Drive, San Diego and the City to provide plan check engineering services for the Department of Building and Housing on an as-needed basis. The contractual agreement between Esgil and the City was a two-year agreement which expired on June 30, 1994. Due to the need for technical engineering support services on projects of unique structural complexities, staff prepared a Request For Proposals (RFP) on August 24, 1994 to select a vendor to perform such engineering services and distributed the RFP to five interested vendors. Of the five vendors which responded, the top three vendors were interviewed by the Selection Committee who ascertained that the Esgil Corporation be selected to continue the engineering technical support services for the City. During the previous fiscal year only one project was submitted of such technical complexity that it required the services of an outside plan review consultant. That project, the Wal-Mart Store, had a highly complex foundation system consisting of a combination of post-tensioned slabs supported by a caisson/slab structural foundation. This projects was plan checked by Esgil Corporation. An additional reason for a reduced need for outside consultant services during this period was that fact that the Plan Check section was fully staffed (two plans examiners and a supervisor). Recommendation: That the City Council adopt the Resolution approving the agreement with Esgil Corporation for plan review engineering services, appropriating $25,000 for FY 96, to the Department of Building and Housing from the General Fund Unappropriated Fund Balance as the source of funding for the contract, and authorizing extension of agreement for FY 97 for not to exceed $50,000 and FY 98 for not to exceed $50,000 contingent upon" continued compliance with the Agreement and appropriation of funds in FY 97 and FY 98. '/-,/ Plan Check Engineering Services Esgil Corporation Item No.: 1 Page 2 Boards/Commissions Recommendation: N/A Discussion: This agreement provides the Department of Building and Housing with a necessary resource of engineering expertise for projects which require complex engineering analysis. The Department intends to utilize the consultant's services for those projects requiring advanced engineering skills for plan review or to meet unforeseen circumstances. Projects anticipated in the near future that may qualify for outside plan review include the MCA Amphitheater, Cinema Star Theater Complex at Rancho Del Rey as well as several custom and production dwelling units that need to be reviewed during the upcoming end of year furlough period. As such, the specific annual dollar amount to be spent on these services is difficult to assess. The projected costs for these services is identified under the Fiscal Impact portion of this report. During the course of the past several years, the Department has dramatically reduced the number of projects sent out for consultant review as illustrated by the attached graph (Attachment A). This reduction was premised primarily upon the addition of a third Plans Examiner which has enabled staff to process a greater number of projects internally. In addition to the graph illustrating the fees paid to plan review consultants over the last seven years the Department has prepared the Cost Comparison Worksheets mandated by Council Policy 102-05. The proposed contract has been reviewed by the City Attorney and has been approved for form. Staff recommends approval of a one year contract with two (2) one year options (total of three (3) years) with Esgil Corporation for the 'not to exceed' amounts as specified in the Fiscal Impact portion of this report. A multi-year contract extending through FY-98 is being recommended in an effort to avoid the staff costs associated with the preparing of a request for proposal, administering the selection process and amending the contract. The Agreement is structured to allow the City, at its sole discretion, to terminate the agreement at any time after having given 30 days notice to Esgil Corporation. The decision to use the services of Esgil Corporation for any or all plan review rests solely with the City and will be made on a case-by-case basis by the Building Official. The Selection Process: The Selection Committee, as appointed by the City Manager, was comprised of: * Carol Gove, Fire Marshal Shauna Stokes, Principal Management Assistant Brad Remp, Assistant Director of Building and Housing * * 9-~ Plan Check Engineering Services Esgil Corporation Item No.: '1 Page 3 The Committee diligently performed a comprehensive review of the proposed vendors responding to the August 24, 1994 Request for Proposals (RFP) to perform such plan review engineering services for the City. Esgil Corporation was selected as being not only professionally competent, but competitive in their proposed rate structure. Staff has had extensive contact with Esgil Corporation since 1987 and has concluded that their structural, mechanical and electrical engineering capabilities are extremely competent, thus insuring the highest quality plan review for our projects. This firm also provides comprehensive plan reviews for compliance with all State of California Energy Standards and California State Building Code, Title 24, Disabled Access Standards. Upon receipt of the vendor's responses to the City's Request For Proposals, the responses were reviewed by each member of the Selection Committee independently using a preestablished list of evaluation criteria. Criteria evaluated included the professional qualifications of employees, experience in reviewing complex structures, and cost of services. A complete list of the evaluation criteria is attached (Attachment B). Each firm was given a score of 1 - 5 points (1 being lowest/5 being highest) in each of twenty-one (21) selected categories for a maximum total of 105 points possible (cost breakdown was considered separately). With the preestablished evaluation listing results tabulated, the Selection Committee invited three vendors to participate in the formal interview process. The five engineering firms were rated on their technical qualifications as follows: Company Location Total Points 1. Esgil Corporation San Diego, CA 99/105 2. BSI, Inc. San Diego, CA 84/1 05 3. Willdan Associates San Diego, CA 74/1 05 4. VanDorpe Chou Assoc. Orange, CA 68/1 05 5. Star Consultant Poway, CA 43/105 Cost Comparison - An example of the cost of services that would be charged by each of the companies based on an assumed commercial project of $50,000 valuation is identified in the table below. Company Esgil Corporation Fee for Service $215.54 1,3 Plan Check Engineering Services Esgil Corporation Item No.: 9 Page 4 BSI Consultants $203.11 Willdan Associates $269.43 VanDorpe Chou Associates $175.13 Star Consultant $223.84 The Esgil Corporation was the unanimous choice of the Selection Committee based on their outstanding qualifications, reputation in the region, highly successful experience in prior service to the City of Chula Vista and the competitive rate charged for their service. Fiscal Impact: All costs for plan review services, whether performed in-house or by the City's consultant are borne by the applicant in the form of plan check fees. The plan check fee provides sufficient revenue to cover both the cost of the plan review service provided by the vendor and the Departments administrative overhead costs. There is no additional cost to the permit applicant beyond the normal plan check as a result of having their plans reviewed by the City's plan review consultant. As previously stated, the Department of Building and Housing determines at the time of submittal those projects, due to their unique conditions, that will be transmitted to the plan check consultant for review. The projected expenses for these services over the next three fiscal years is as follows: FY 95-96 (0.50 year remaining) FY 96-97 FY 97-98 - Up to a maximum amount of $25,000 - Up to a maximum amount of $50,000 - Up to a maximum amount of $50,000 Staff believes that these proposed amounts will not be exceeded based on the historical trend of the past four years and an estimate of proposed projects for plan check submittal. Attachments: (A) Bar Graph Depicting Consultant Fees Paid (FY-88 to FY-95) (B) Plan Review Evaluation Sheet BWR:bwr (e :\WP51 \BUDGET\ESGI LAPR) 9-'1 RESOLUTION NO. /8"/~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN ESGIL CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE PLAN CHECK ENGINEERING SERVICES, AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, the two-year agreement with Esgil Corporation to provide engineering technical support to the Department of Building and Housing expired on June 30, 1994; and WHEREAS, due to the need for technical engineering support services on projects of unique structural complexities, staff prepared a RFP to select a vendor to perform such engineering services; and WHEREAS, a Selection Committee performed a comprehensive review of the five vendors responding to the August 24, 1994 Request for Proposals to perform such plan review engineering services for the City; and WHEREAS, Esgil Corporation was selected as being not only professionally competent, but competitive in their proposed rate structure. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the Agreement between Esgil corporation and the city of Chula vista to Provide Plan Check Engineering Services, in the form presented with such minor modifications or clarifications that may be required by the City Attorney, copy of which is on file in the office of the City Clerk as Document No. (to be completed by the Clerk in the final document) . BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the city of Chula vista. BE IT FURTHER RESOLVED that the amount of $25,000 is hereby appropriated from the unappropriated fund balance of the General Fund to Account 408-4014-DB001. Presented by Approved as to form by Kenneth G. Larsen, Director of Building & Housing ~ C:\rs\esgil 'l'~/1-+ I .. ... CD 0 111 m en G> - - r- () 0 :D '1J . D ~ - r- r- C )> Z )> en en 0 () . DOLLARS (Thousands) I\) CJ1 .. ~ ~ ' CJ1cg OOCJ1 9- 7 fr-~ "A" ATTACHMENT 0 m \J -- )> ::D -i -US: ~m zZ O-i IO ~" ^OJ Oc 0- zr enO c- rZ ~G) z)> -;Z ~CJ m:c (/)0 C en - Z G) ATTACHMENT "B" PLAN REVIEW SERVICES EVALUATION 1. BSI CONSULTANTS 2. ESGIL CORPORATION 3. STAR CONSULTING 4. V ANDORPE-CHOU ASSOCIATES 5. W1LLDAN ASSOCIATES Score: 1 (Low) to 5 (High) Category Con....ltant. Remark. 1 2 3 4 5 1. Errors & omissions insurance 2. Conflict of interest 3. Plan checking as specialty 4. Plan checkers as generalists or specialists 5. Scope of disciplines 6. Plan checker certificationsl1icenses 7. Experience in full spectrum of projects 8. Plan checkers access to co-workers 9. Plan checkers as full-time employees 10. Access hours compatible with City work schedule 11. Knowledge of Building Official's role 12. Technical library availability 13. Participation in Building Official organizations 14. Supplemental data sheet 15. High workload capabilities 16. Financial stability 17. Availability of references 18. Plan pick-up and delivery 19. Cost breakdown: Cost covers all plan corrections Hourly rate for design changes % of building permit fee % of partial plan revi_ (structural only) % charge for repetitive plan checks % for priority check Additional charge for e1ectrical/mechanical 20. Customer based service evaluation program 21. Expedited plan check time frame 22. Free training for City staff .- 'A - '1 'i r; /0 Parties and Recital Pages Agreement between City of Chula vista and Esgil corporation for Plan Review Services This agreement ("Agreement"), dated January 1, 9996 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the city-related entity as is indicated on Exhibit A, paragraph 2, as such ("city"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, City desires to employ the services of a contractor to provide Building Inspection Department services involving providing plan checking of proposed building construction plans; and Whereas, City desires to implement a high level of professional and technical Building Inspection Department services at a cost less than the fees paid by the permit applicants; and Whereas, city does not wish to increase staff size where equal or better services can be provided at a lesser cost to the City by using contractor services provided by the private sector; and Whereas, city does not wish to risk having to fund deficits incurred in the operation of the Building Inspection Department during low periods of activity in the cyclical construction industry; and Whereas, city wishes to contract with a firm directed by persons having experience and knowledge in the interpretation and application of complex regulations providing for protection of the public; and Plan Review Services Agreement December 6, 1995 Esgil corporation Page 1 f-' /1 Whereas, City desires to contract with a firm presently successfully providing plan review services to building inspection departments; and Whereas, City wishes to avoid conflict of interest problems by contracting with corporation that performs no work for the priva~e sector and provides services exclusively to government entities; and Whereas, Consultant's founding director's are both registered Professional Engineers in the state of California and they have served fifteen and thirteen years, respectively, in high level regulatory management positions in local government; and Whereas, Consultant is willing to enter into a contract with the City to provide building inspection department plan check services to the City in accordance with this contract; and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; Plan Review Services Agreement December 6, 1995 Esgil Corporation Page 2 9~ NOW, THEREFORE, BE IT RESOLVED that the city and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and SC'hedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, frum time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" referenced in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. Plan Review Services Agreement December 6, 1995 Esgil corporation Page 3 tJ~/? E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care 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 of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. Plan Review Services Agreement December 6, 1995 Esgil Corporation Page 4 9'/~ In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 17, 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 17, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 17, 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 17, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 17, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "other security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula vista Municipal Code. Plan Review Services Agreement December 6, 1995 Esgil Corporation Page 5 9-/f 2. Duties of the city A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 16, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 16, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 16 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages Plan Review Services Agreement December 6, 1995 Esgil Corporation Page 6 f//~ The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Plan Review Services Agreement December 6, 1995 Esgil Corporation Page 7 1,/7 Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consult:nt warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. 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. Plan Review Services Agreement December 6, 1995 Esgil Corporation Page 8 9'lr \ \ ". ~ y. -:t^, Revised Paragraph for Page 9-19 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee~, ~ subcontractors, or othcro of theirs in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the city, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees which is covered bv the scope of this indemnity, Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. The parties further aqree that Consultant shall be entitled to assert any and all immunities and defenses under the California Tort Claims Act to any third party claim for those acts performed under this aqreement. Plan Review Services Agreement December 6, 1995 Esgil Corporation Page 15 Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the city, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the 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 Plan Review Services Agreement December 6, 1995 Esgil corporation Page 9 9-(1 greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the city. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City city may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interert in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material 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 Plan Review Services Agreement December 6, 1995 Esgil Corporation Page 10 9 "~j7 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 ~hall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous Plan Review Services Agreement December 6, 1995 Esgil Corporation Page 11 7~/ A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the united States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State Plan Review Services Agreement December 6, 1995 Esgil Corporation Page 12 9~~ of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. Plan Review Services Agreement December 6, 1995 Esgil corporation Page 13 9~J Signature Page to Agreement between City of Chula vista and Esgil Corporation for Plan Review 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: , 19 City of Chula Vista by: Shirley Horton, Mayor Attest: Clerk Dated: Esgil corporation By: Richard James Esgate, President By: Exhibit List to Agreement ( ) Exhibit A. ( ) Exhibit B: Plan Review Services Agreement December 6, 1995 Esgil Corporation Page 14 9'~1 Exhibit A to Agreement between City of Chula Vista and Esgil Corporation 1. Effective Date of Agreement: January 1, 1996 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: ("City") a 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula vista, CA 91910 4. Consultant: Esgil Corporation 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (XX) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: Esgil Corporation 9320 Chesapeake Dr., suite 208 San Diego, CA 92123 Voice Phone (619) 560-1468 Fax Phone (619) 560-1576 Plan Check Services December 6, 1995 Exhibit A to Esgil Corp. Agreement Page 1 9"~5/ 7. General Duties: Consultant shall provide professional services for the review of proposed building plans for conformance to regulations contained in state mandated building, plumbing, mechanical and electrical codes, as those codes are amended by the CITY; provisions of aCCf""ss to buildings by persons with disabilities and provisions to attenuate noise in buildings; to perform additional work when requested by CITY; and to perform all the described work in accordance with the terms and conditions hereinafter set forth. 8. Scope of Work and Schedule: A. Detailed Scope of Work: 1. Perform traditional initial plan review submitted plans for the above project to determine compliance with City adopted: Uniform Building Code Uniform Plumbing Code Uniform Mechanical Code NatiQnal Electrical Code California State Title 24 (Energy Conservation; Disabled Access; and Noise Attenuation) 2. Provide the applicant's designee and the City a typed list of items needing clarification or change to achieve conformance with the above regulations. 3. Perform all necessary lia~son with the applicant's designee, either by telephone, mail or meeting in Esgil Corporation's main office, and perform all necessary rechecks to achieve conformance to the regulations. 4. Perform all necessary liaison with the Building Official or his designee, either by mail, telephone or in Esgil corporation's office, to insure compliance with UBC sections 105 and 106 and to insure compliance with local interpretations. 5. Perform plan reviews of revisions to plans that have previously been approved for permit issuance, or perform plan reviews of major changes to plans prior to such approval, when such major changes are not required to achieve code conformance. 6. Attend meetings related to proposed building Plan Check Services December 6, 1995 Exhibit A to Esgil Corp. Agreement Page 2 'l'~ projects at the request of the Building Official at locations other than Esgil Corporation's Plan Check Office. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or time Limits for Delivery of Deliverables: Esgil corporation agl'ees to provide adequate resources to achieve the following service delivery goals for timely performance of the work over which Esgil corporation has decision authority. I. Buildings less than four stories and of normal complexity SERVICE GOAL: Complete initial plan review in fifteen work days or less. II. Buildings four or more stories in height or of unusual complexity SERVICE GOAL: As agreed by the CITY'S Director of Building and Housing . D. Contractvr Performance Documentation Esgil Corporation shall note on the initial plan check correspondence: 1. The day of the week and the date the plans were received: 2. the day of the week and the date the initial plan check was completed; 3. the day of the week and the date the applicant's designee was notified the initial plan check was completed: and 4. The calculated number of work days to complete the initial plan check Plan Check Services December 6, 1995 Exhibit A to Esgil Corp. Agreement Paae 3 CJ~'< ? E. Final Decision Authority The CITY'S Director of Building and Housing shall have final decision authority over the results of the plan check by Esgil Corporation and all work performed by Esgil Corporation shall be to the satisfaction of the Director of Building and Housing. 9. Insurance Requirements: (X) statutory Worker's Compensation Insurance () Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . 10. Materials Required to be Supplied by city to Consultant: A. Obtain from the applicant, at the time of the project submittal, the necessary items to allow plan checking to be completed in the shortest overall time frame. Necessary items include, but are not limited to, complete plans, construction specifications, designated contact person and similar items that may be unique to a particular project. B. Provide the valuation for the proposed construction or instruct Esgil Corporation to calculate the valuation in accordance with the method used by the CITY. C. Provide Esgil corporation with copies of any CITY ordinances that modify the regulations adopted by the State of California D. Collect sufficient plan check fees or deposits from project applicants to ensure the CITY will not suffer a loss if the applicant decides to abandon the permit process after Esgil corporation has completed the initial plan check. E. CITY shall regularly consult Esgil Corporation for the purpose of reviewing the progress of the Work Plan and to provide direction and guidance to achieve the objectives of the project. The CITY shall permit access to its office facilities, files and records by Esgil Corporation throughout the term of the Contract. Plan Check Services Dece~~er 6, 1995 Exhibit A to Esgil Corp. Agreement Page 4 if~r 11. Compensation: A. Compensation for each plan review under Section 8 A 1. shall be 80% of the Plan Review Fee calculated per Section 304 of the 1991 Edition of the Uniform Building Code for each building plan checked. The above compensation rate shall be applicable until January 1, 1997, after which time compensation will be 80% of the Plan Review Fee calculated per Table 1-A of the 1994 Edition of the Uniform Building Code. This rate shall be applicable until the CONTRACT expires. The construction valuation shall be based on the valuation table adopted by the City of Chula vista. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work. Not withstanding the above, the minimum CONTRACTOR fee for any proposed project shall be one hundred dollars ($100.00) . Plan check fee for repetitive identical buildings shall be 80% of the plan check fee as noted above for the first, or basic building, and 20% of the plan check fee as noted above for each additional building. B. compensation under section 8A(5) shall be calculated ei ther the same as 11A, or shall be based on Esgil Corporation's current labor rates schedule. The method to be used will be at the discretion of Esgil corporation. C. Compensation for work performed under 8A(6) shall be based on the attached Labor Rates Schedule (Attachment A) as modified each January 1 and July 1st. D. Esgil corporation shall submit on the first work day of each month the invoice for initial plan reviews performed during the prior month. Payment of approved items on the invoice shall be mailed to Esgil Corporation prior to the twenty-fifth (25th) day of each month the invoice was submi tted. Payments not made wi thin the above time frame shall, when paid, be increased one and one-half percent per month, or portion of a month, for each month the payment was delayed. 12. Contract Administrators City: Kenneth Larsen, Director, Department of Building Plan Check Services December 6, 1995 Exhibit A to Esgil Corp. Agreement Page 5 'l'~9 and Housing, Public Services Building, 276 Fourth Av., Chula Vista, CA 91910, (619) 691-5007 Consultant: Richard Esgate, President, Esgil corporation, 9320 Chesapeake Dr., suite 208, San Diego, CA 92123, (619) 560-1468 13. Liquidated Damages Rate: ( ) $ per day. ( ) Other: Plan Check Services December 6, 1995 Exhibit A to Esgil Corp. Agreement Page 6 9:J~ 14. statement of Economic Interests, Consultant Reporting categories, per Conflict of Interest Code: (XX) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments and sources of income. ( ) Category No. 2. Interests in real property. ( Category No. 3. Investments, interest in real property and sources of income sUbject to the regulatory, permi t or licensing authority of the department. ( Category No. and sources development, sale of real 4. Investments in business entities of income which engage in land construction or the acquisition or property. ( Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with ~he City of Chula vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipr:.ent. ( 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: 15. ( ) Consultant is Real Estate Broker and/or Salesman 16. Bill Processing: Plan Check Services December 6, 1995 Exhibit A to Esgil Corp. Agreement Page 7 9'JI A. Consultant's Billing to be submitted for the following period of time: (XX) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (XX) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 408-4080-DB001 17. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provl.sl.ons 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: ( Retention Percentage: % ( Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Plan Check Services December 6, 1995 Exhibit A to Esgil Corp. Agreement Page 8 9/;1;1. ~sGiI Corporation Projtll[onm PIDH Rft./Ww Artgt1lHn I~ABOR RATl:S SMttnUL~ CLASStFlCA TION UGT1t.AR BAn- PRJ'.nRR~n BAn* Division Manager Superviling Structural Engineer Civil. EIKtri~a1. RoC.S Electrieal Engineer. E.E. Fire Protection Engineers. F.P.E. Mechanical Engineer. M.E. Structural Engineer. S.E. BnerS)' Plans Examiner. C.B.C.I I.C.B.a. Plans Examiner Supervising Building Inspector Building Inspc~tor Permit Specialist Word Procossing Clerical Suppon Corporate Attomey $157.S0 148.43 115.50 IIS.S0 115.50 115.50 129.88 115.50 98.70 105.00 89.25 80.85 S5.6S 37.80 280.35 $111.6S 112.00 87.1S 87.15 87.15 87.15 98.00 87.15 74.S5 78.7S 67.20 60.90 42.00 28.35 210.00 1. NOTES: Labor rates are on I)' used (or work when requested b)' oW' clients, where a Buildina Code plan r.vi.w {c. is not appli"blc or appropriate. -Hourly 2. Pref'eZTCd rates arc used for all clicntjurisdictionJ where EsSil Cofl)OratiOD has . current approved plan review contract in placo. . 3. The rates do not include expensel resulting froin transportation, meals. todaina and similar COltl when ElgiJ Corporation is providins servicel ouUide the areater San Dieao County area. (Rates are evaluated each Yeaf.) &IDATAIt.AUATII, ~ 9,- JJ "20 Cbcupcakc: Drivc, Suite 208 . San Dlcso, CaUtomll 92123 . (619) 560-1-468 . Pax (619) 560.1576 Z 'EOVd 9LSt09S6t9 NO I.LVl:lOdHO:l 1 IOS! OS : E t (IlU) S6. L t "AON COUNCIL AGENDA STATEMENT ITEM TITLE: Item /?J Meeting Date 12/19/95 Resolution / S/ ~ 3 Approving the Memorandum of Understanding between the City of Chula Vista, the City of San Diego and the San Diego Technology Council to work cooperatively to implement the activities of the San Diego Defense Conversion Program which includes the Border Environmental Commerce Alliance (BECA). c_S · SUBMITTED BY: Chris Salomone, Community Development Director REVIEWED BY: City Manager 1\ l" , r \ : (4/5ths Vote: Yes_NoX) Council Referral No. BACKGROUND: On February 15, the U.S. Department of Commerce, Economic Development Administration (EDA) awarded the City a $2,000,000 grant, matched by a $100,000 Defense Adjusting Matching grant from the California Trade & Commerce Agency to implement the Border Environmental Commerce Alliance (BECA). The BECA program is an extension and satellite of the San Diego Defense Conversion Program, an EDA funded county-wide economic conversion initiative developed in response to the defense spending cutbacks and related negative impacts upon San Diego region businesses. The City of San Diego was also awarded an EDA grant to implement the San Diego Defense Conversion Program of which the San Diego Technology Council (SDTC) was given the responsibility to oversee several components including the San Diego High Technology Resource Center, the San Diego World Trade Center, the San Diego Technology Incubator, and the San Diego Seed Capital Fund. As a condition of the Chula Vista EDA grant, and prior to the release of ED A funds for the BECA program, the City must execute a Memorandum of Understanding (MOU) with the City of San Diego which delineates the responsibilities of coordinating the Defense Conversion Program to avoid duplication, leverage available resources and maximize the Program's impact. The MOU specifically addresses establishing communication and networking mechanisms, coordinating service referrals, sharing of computer and electronic resources, conducting joint outreach and promotions, and securing representation on advisory boards. RECOMMENDATION: That Council adopt the resolution approving a Memorandum of Understanding between the City of Chula Vista, the City of San Diego, and the San Diego Technology Council to work cooperatively together on the implementation of the San Diego Defense Conversion Program. /tJ~/ Page 2, Item / tl Meeting Date 12/19/95 DISCUSSION: EDA A ward to the City of San Diego In January, 1994, the U.S. Department of Commerce, Economic Development Administration awarded the City of San Diego a $4,779,000 grant to implement the San Diego Defense Conversion Program. One of the major objectives ofthe Program is to assist in the creation of new jobs in non-defense related industries throughout San Diego County. The City of San Diego along with the San Diego World Trade Center, EmTek Seed Capital Fund, San Diego Technology Council, San Diego High Technology Resource Center, San Diego Economic Development Corporation, the San Diego City College - Center for Applied Competitive Technologies, University of California San Diego Extension and San Diego State University are implementing the San Diego Defense Conversion Program. The San Diego Technology Council (SDTC) under agreement with the City of San Diego is responsible for overseeing several Program components including the San Diego High Technology Resource Center, the San Diego World Trade Center, the San Diego Technology Incubator, and the San Diego Seed Capital Fund. SDTC's responsibilities include the ongoing policy formulation, resource use, oversight, and development of regional economic technology related programs. The SDTC is currently being reorganized into the San Diego Regional Technology Alliance. All of SDTC' s responsibilities including the implementation of the San Diego Defense Conversion Program components will be transferred to the San Diego Regional Technology Alliance once approved by the City of San Diego and the EDA. EDA Award to the City ofChula Vista The EDA Awarded a three-year $2,000,000 grant to the City ofChula Vista for the BECA program in February, 1995. The BECA program is an extension and satellite of the San Diego Defense Conversion Program providing technical and business development assistance to small and medium sized environmental companies including innovative "start-ups," facilitating the transfer of new environmental technologies to existing industry, and providing specialized services in cross border trade development to businesses throughout the San Diego region. The key components of BECA are the Border Environmental Technology Resource Center and the Border Environmental Business Cluster. Purpose of the MOU As Council has been made aware, a condition of the City ofChula Vista EDA grant is that prior to any release of EDA funds for the BECA, the City execute a Memorandum of Understanding (MOU) with the City of San Diego which delineates the responsibilities of coordinating the activities of our respective defense conversion programs to avoid duplication, leverage available resources and maximize the Program's impact. On June 27,1995, and amended on August 22,1995, Council appropriated the FY 1995/96 (Year I) BECA budget from the General Fund with the understanding that the City would be reimbursed quarterly by the EDA. General Funds are currently being advanced to fund BECA until the EDA monies are released as previously approved by Council subject to MOU approval. MOU Elements Elements addressed in the MOD include establishing communication and networking mechanisms, coordinating service referrals, sharing of computer and electronic resources, /tJ-e2.. Page 3, Item / IJ Meeting Date 12/19/95 conducting joint outreach and promotions, and securing representation on advisory boards. These areas are briefly summarized below. 1. Communications & Networking · San Diego and Chula Vista staff will conduct periodic meetings, including Chula Vista BECA staff attendance at the bimonthly Executive Directors' meetings attended by directors of all Defense Conversion Program partners, the weekly High Technology Resource Center Partners' meetings, and other Defense Conversion Program partners' meetings as appropriate. · San Diego and Chula Vista staff will routinely interface electronically through the Internet and other on-line communication systems. 2. Service Referrals . Chula Vista's (BECA's) primary focus is to provide specialized services to San Diego region environmental technology-based businesses that are seeking to commercialize their products and explore cross border trade opportunities, as well as to provide assistance to all types of San Diego region businesses wishing to utilize new environmental technologies in their companies. San Diego and San Diego Technology Council will refer appropriate clients and prospective tenants to Chula Vista. . San Diego's primary focus is to provide coordinated business and technical assistance to emerging or established high technology, manufacturing, or defense conversion businesses in the San Diego region. Chula Vista will refer appropriate clients and prospective tenants to San Diego and the San Diego Technology Council. . The San Diego and Chula Vista programs will use similar intake and consulting forms and will utilize a shared database of client services and referrals to best track assistance efforts. 3. Sharing of Resources . When feasible and appropriate, San Diego and Chula Vista staff will provide full access to each other's computer resources. . San Diego and Chula Vista staff will facilitate interaction with each oftheir respective service provider partners as appropriate and feasible. 4. Outreach and Promotions . San Diego and Chula Vista staff will coordinate events, forums, workshops and other program activities through frequent interfacing and the use of a master calendar. . San Diego and Chula Vista staff shall attempt to leverage and optimize respective resources by jt) /;3 Page 4, Item I j Meeting Date 12/19/95 partnering on marketing, outreach, and promotional activities whenever appropriate and feasible. Joint marketing efforts shall include cooperative advertising, joint participation in conferences and forums, and partnering on business outreach. · Whenever possible and within respective budget constraints, San Diego and Chula Vista staff will participate and/or have representation at each other's program activities and functions and will lend assistance with major events. · San Diego and the San Diego Technology Council will include reference to Chula Vista as a partner in all appropriate promotional materials. Chula Vista will also include reference to San Diego and the San Diego Technology Council as partners whenever appropriate. 5. Advisory Boards . To coordinate policy issues, Chula Vista will be represented on the San Diego Technology Council Advisory Board as a voting member. . San Diego via the San Diego Technology Council will be represented on the BECA Advisory Board as a voting member. FISCAL IMP ACT: The proposed MOU is non-financial in nature but does require that the Cities and San Diego Technology Council work together to avoid duplication and to maximize the EDA and matching San Diego Defense Conversion resources. As previously mentioned, the City of Chula Vista is required to have in place an executed MOD with the City of San Diego before any EDA funds are dispersed to the City. Currently funding for the BECA program is being advanced from the General Fund. On June 27, 1995, Council approved the FY 1995/96 (Year I) BECA budget appropriating $956,536. On August 22, 1995, Council amended the Year I BECA budget increasing the total General Fund advance to $991,619. To date, approximately $170,000 has been expended from the General Fund for the BECA program. A request for reimbursement for BECA's first quarter expenditures was sent to the EDA with the other required quarterly financial and narrative reports on October 31, 1995, and will be processed as soon as an executed MOU is in place. The Federal reimbursement process will take approximately 30 to 60 days. I~-Y MEMORANDUM OF UNDERSTANDING (MOD) BETWEEN THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO, AND THE SAN DIEGO TECHNOLOGY COUNCIL This MEMORANDUM OF UNDERSTANDING is entered into effective as of this day of 1995, by and between the City of Chula Vista, a municipal corporation, the City of San Diego, a municipal corporation, and the San Diego Technology Council with reference to the following recitals: RECITALS WHEREAS, effective January I, 1994, the U.S. Department of Commerce, Economic Development Administration ("EDA") awarded the City of San Diego ("San Diego") a $4,779,000 grant to implement the San Diego Defense Conversion Program, Project/Award No. 07-49-02681; and WHEREAS, an objective of the San Diego Defense Conversion Program is to assist in the creation of new jobs in non-defense related industries throughout San Diego County; and WHEREAS, the San Diego Technology Council ("SDTC") under the EDA grant agreement with the City of San Diego will be responsible for overseeing several components of the San Diego Defense Conversion Program including the San Diego High Technology Resource Center, the San Diego World Trade Center, the San Diego Technology Incubator, and the San Diego Seed Capital Fund; and WHEREAS, on February 15, 1995, the U.S. Department of Commerce, Economic Development Administration, awarded the City ofChula Vista ("Chula Vista") a $2,000,000 EDA grant to implement the Border Environmental Commerce Alliance ("BECA") component of the San Diego Defense Conversion Program, Project/Award No. 07-49-04062 ; and WHEREAS, the BECA program is an extension and satellite ofthe San Diego Defense Conversion Program providing technical and business development assistance to small and medium sized environmental companies including innovative "start-ups," facilitating the transfer of new environmental technologies to existing industry, and providing specialized services in cross border trade development to businesses throughout the San Diego region; and WHEREAS, two key components ofBECA are the Border Environmental Technology Resource Center and the Border Environmental Business Cluster; and WHEREAS, it is in the best interest of the EDA, the City of San Diego, the San Diego Technology Council, and the City ofChula Vista to work cooperatively together to avoid duplication, leverage available resources and maximize the program's impact. Page 1 /d',5 WHEREAS, the parties desire to work cooperatively to implement the San Diego Defense Conversion Program including BECA. NOW THEREFORE, the parties agree to the following: DEFINITIONS San Diego Defense Conversion Program: In 1993 the San Diego Economic Adjustment Program (SDEAP) was developed in response to the drastic defense spending cutbacks and related devastating impacts upon San Diego region businesses. The SDEAP document was accepted by EDA as an overall Economic Development Plan to support EDA funding of a county-wide economic conversion implementation grant, also known as the San Diego Defense Conversion Program. The major objective of this Program is to assist in the creation of new jobs in non-defense related industries throughout San Diego County. The City of San Diego along with the San Diego World Trade Center, EmTek Seed Capital Fund, San Diego Technology Council, San Diego High Technology Resource Center, San Diego Economic Development Corporation, the San Diego City College - Center for Applied Competitive Technologies, University of California San Diego Extension and San Diego State University are implementing the San Diego Defense Conversion Program. The City ofChula Vista is implementing the BECA extension of the Program. Border Environmental Commerce Alliance CBECA ): The BECA program, being implemented by the City of Chula Vista, is an extension and satellite of the San Diego Defense Conversion Program. BECA's three major purposes are: 1) to provide technical and business development assistance to small and medium sized environmental companies including innovative "start-ups," 2) to facilitate the transfer of new environmental technologies to existing industry, and 3) to provide specialized services in cross border trade development to businesses throughout the San Diego region. The key components of BECA are the Border Environmental Technology Resource Center and the Border Environmental Business Cluster. San Diego Technology Council (SDTC): Under the EDA grant agreement with the City of San Diego, the SDTC is responsible for overseeing the San Diego High Technology Resource Center, the San Diego World Trade Center, the San Diego Technology Incubator, and the San Diego Seed Capital Fund components of the EDA funded San Diego Defense Conversion Program. SDTC's responsibilities include the ongoing policy formulation, resource use, oversight, and development of regional economic technology related programs. The SDTC is currently being reorganized into the San Diego Regional Technology Alliance. All of SDTC's oversight responsibilities of the San Diego Defense Conversion Program components will be transferred to the San Diego Regional Technology Alliance once approved by the City of San Diego and the EDA. Program Partners: Program Partners refers to all organizations, both EDA funded and non-EDA funded organizations, that support and contribute to the implementation of the San Diego Defense Conversion Program . Page 2 /tJ,~ 1. Monitoring Responsibilities. For all administrative, financial, and technical matters under this Agreement, the parties are represented by: San Diego Technology Council: City of San Diego, Economic Development Services: City of Chula Vista, Economic Development Kirk Mather Kurt Chilcott Cheryl Dye Each party reserves the right to replace its designated representative hereunder upon written notice to the other parties. 2. MOU Administration. This MOU shall be administered in accordance with the applicable provisions of: Chapter III, 13 Code of Federal Regulations Economic Development Administration 15 Code of Federal Regulations Department of Commerce Office of Management and Budget, Circular A-87 Cost Principles for State and Local Governments Office of Management and Budget, Circular A-II 0 Uniform Administrative Requirements for Non-Profits Office of Management and Budget, Circular A-112 Cost Principles for Non-Profits Any and all applicable federal, state and local laws, regulations, rules and policies. Nothing in this MOU shall be construed to alleviate the parties from their responsibilities under their respective grants/financial assistance awards from the EDA. 3. Communications & Networking. The parties support the coordination and exchange of information when implementing the San Diego Defense Conversion Program. The parties agree as follows: 3.1 Program Communication. The parties will conduct periodic meetings. SDTC and San Diego will include Chula Vista staff in the bimonthly Executive Directors' meetings attended by directors of all EDA partners, the weekly High Technology Resource Center Partners Program meetings, and other EDA partners' meetings as appropriate. This regular communication will help promote coordination, foster joint program development and project planning, enhance Page 3 liP'? service delivery to business clients, and provide opportunities to share general program information to most efficiently use each organization's resources and avoid duplication of efforts. Parties will routinely interface electronically through the Internet and other on-line communication systems. 4. Service Referrals. The parties encourage the coordination of service when implementing the San Diego Defense Conversion Program. The parties agree as follows: 4.01 Referrals to Chula Vista. Chula Vista's primary focus is to provide specialized services to San Diego region environmental technology-based businesses that are seeking to commercialize their products and explore cross border trade opportunities, as well as to provide assistance to all types of San Diego region businesses wishing to utilize new environmental technologies in their companies. Emphasis will be placed on small and medium sized companies including start up businesses. San Diego and SDTC, in conjunction with the High Technology Resource Center, Technology Incubator, and World Trade Center, will direct appropriate clients and prospective tenants to Chula Vista. 4.02 Referrals to San Diego and SDTe. SDTC and San Diego's primary focusis to provide coordinated business and technical assistance to emerging or established high technology, manufacturing, or defense conversion businesses in the San Diego region. Chula Vista, specifically the Border Environmental Technology Resource Center and the Border Environmental Business Cluster, will direct appropriate clients and prospective tena"ts to San Diego and the SDTe. 4.03 Service Tracking. The parties will use similar intake and consulting forms and will utilize a shared database of client services and referrals to best track assistance efforts. 5. Sharing of Resources. The parties encourage the coordination of San Diego Defense Conversion Program resources to avoid duplication, increase leveraging ability and maximize resources. The parties agree as follows: 5.01 Electronic Databases and Computer Resources. The parties, when feasible and appropriate, will provide full access to each's computer resources which include, but are not limited to the following: On-line databases and networks such as the California Small Business Network and Commerce Net, facilities at the Software Resource Center, and limited resources at the San Diego Supercomputer Center. 5.02 Access to Partners. The parties will facilitate interaction with partners as appropriate and feasible. This shall be achieved through providing lists of resources and tlusiness contacts, and if necessary, facilitating meetings with partners. Page 4 It}.. ~ San Diego & SDTC partners include: California Trade and Commerce Agency, Center for Applied Competitive Technologies, Community Development Corporation, San Diego Community College, Center for Applied Competitive Technologies, San Diego Consortium and Private Industry Council, San Diego Economic Development Corporation, San Diego State University College of Extended Studies, San Diego Supercomputer Center, San Diego Unified Po;1 District, Science Applications International Corporation, Small Business Finance Corporation, Southwest Technology Transfer Center, University of California San Diego - CONNECT, and World Trade Association. Chula Vista partners include: Business Cluster Development, California Business Incubator Network, California Energy Commission, California Environmental Business Council, California Environmental Protection Agency, California Trade and Commerce Agency, Chula Vista Chamber of Commerce, Chula Vista Economic Development Commission, Environmental Business International, Greater San Diego Chamber of Commerce, Rohr, Inc., San Diego County Department of Environmental Health, San Diego Gas and Electric, San Diego Unified Port District, Science Applications International Corporation, South San Diego County Economic Development Council, Southwestern College Small Business Development and International Trade Center, U.S./Mexico Border Progress Foundation, University of California San Diego, and Western Maquiladora Trade Association. 6. Outreach and Promotions. The parties support the coordination of publicity and outreach when implementing the San Diego Defense Conversion Program. The parties agree as follows: 6.1 Marketing Activities - Master Calendar. Parties will coordinate events, forums, workshops and other program activities through frequent staff interfacing and the use of a master calendar. It is the responsibility of each party to update the master calendar and inform and/or work with staff counterparts to increase program participation, avoid duplication, and effectively utilize resources. 6.2 Marketing Activities - Joint Ventures. The parties shall attempt to leverage and optimize respective resources by partnering on marketing, outreach, and promotional activities whenever appropriate and feasible. Joint marketing efforts shall include cooperative advertising, joint participation in conferences and forums, and partnering on business outreach. Whenever possible, the parties will participate and/or have representation at each other's program activities and functions and will lend assistance with major events such as Grand Opening celebrations. 6.3 Marketing Materials & Press Releases. San Diego and SDTC will include reference to Chula Vista as a partner in all appropriate promotional materials. Chula Vista will also include reference to San Diego and the SDTC as partners whenever appropriate. A best faith effort will be made by each party to provide press releases and collateral materials to the other organization prior to release for review and approval where appropriate. Page 5 1& ' ~ 7, Advisory Boards. To further maximize resources and coordinate policy issues, Chula Vista will be represented on the SDTC Advisory Board, and San Diego via the SDTC will be represented on the BECA Advisory Board as voting members. 8. Matchin~ Share. None of the activities of the parties hereto (or their respective EDA partners) shall be claimed to satisfy any in-kind local matching share requirement under the other parties' respective EDA grant/financial assistance award. 9. Right to Terminate. This agreement shall remain in effect for so long as the EDA funded San Diego Defense Conversion Program remains in effect; provided, however, that either party may terminate this agreement upon the material default of the other party in the event, after written notice of default, the default remains uncured for 30 days. 10. City of San Diego to lndemnify City of Chula Vista. The City of San Diego and the SDTC shall defend, indemnify, protect and hold harmless the City of Chula Vista, its elected and appointed officers and employees, from and against all claims for damage, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the City of San Diego or the SDTC, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this MOU including, without limitation, any and all conduct at or around the program sites. This indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City ofChula Vista, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, the City of San Diego and the SDTC at its own expense shall, upon written request from the City of Chula Vista, defend any such suit or action brought against the City of Chula Vista, its officers, agents, or employees. 11. City of Chula Vista to Indemnify City of San Diego. The City of Chula Vista shall defend, indemnify, protect and hold harmless the City of San Diego and the SDTC, its elected and appointed officers and employees, from and against all claims for damage, liability, cost and expense (including without limitation attorneys' fees) arising out ofthe conduct of the City of Chula Vista, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this MOU including, without limitation, any and all conduct at or around the program sites. The City ofChula Vista's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City of San Diego, the SDTC, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, the City of Chula Vista at its own expense shall, upon written request by the City of San Diego, defend any such suit or action brought against the City of San Diego, the SDTC, its officers, agents, or employees. Page 6 /f}~/J:1 12. Assignability. This Agreement may only be assigned upon the written approval of the EDA and the non-assigning party; provided, however, only EDA approval will be required to penn it an assignment of this Agreement by the City of Chula Vista to BECA if BECA becomes independent and/or a nonprofit organization, or by the City of San Die[,o to SDTC/San Diego Regional Technology Alliance in the event the SDTC/San Diego Regional Technology Alliance becomes independent from the City of San Diego. 13. City of San Diego Responsible for SDTC Perfonnance. In the event that the SDTC fails to perfonn any ofthe obligations hereunder, the City of San Diego shall be responsible therefor. 14. Remedies. In the event of a default hereunder the non-defaulting party shall have any and all remedies provided at law or in equity. [End of page. Next page is Signature Page] Page 7 /CJ " I( ECONOMIC DEVELOPMENT D ID:236-6512 DEC 07'95 14:51 No.003 P.Ol Signature Page to Memorandum of Understanding between the City ofChuJa Vista, the City of San Diego and the San Diego Technology CouDcil. IN WIlNESS WHEREOF, the parties have entered into this MOU effective as of the date written above: . City of Chula Vista , . . By: Shirley Horton, Mayor By: Kurt Chilcott, Director Economic Development Services Attest City Clerk San Diego Technology Council .-. By: Kirk Mather, Executive Director Approved as to form by: Bruce Boogaard City Attorney Page 8 /~ ,,/:2 RESOLUTION /g /{,3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA, THE CITY OF SAN DIEGO, AND THE SAN DIEGO TECHNOLOGY COUNCIL TO WORK COOPERATIVELY TO IMPLEMENT THE ACTIVITIES OF THE SAN DIEGO DEFENSE CONVERSION PROGRAM WHICH INCLUDES THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA). WHEREAS, effective January I, ] 994, the U.S. Department of Commerce, Economic Development Administration ("EDA") awarded the City of San Diego ("San Diego") a $4,779,000 grant to implement the San Diego Defense Conversion Program, Project/Award No. 07-49-0268]; and WHEREAS, an objective of the San Diego Defense Conversion Program is to assist in the creation of new jobs in non-defense related industries throughout San Diego County; and WHEREAS, the San Diego Technology Council ("SDTC") under the EDA grant agreement with the City of San Diego will be responsible for overseeing several components of the San Diego Defense Conversion Program including the San Diego High Technology Resource Center, the San Diego World Trade Center, the San Diego Technology Incubator, and the San Diego Seed Capital Fund; and WHEREAS, on February 15, 1995, the U.S. Department of Commerce, Economic Development Administration, awarded the City ofChula Vista ("Chula Vista") a $2,000,000 EDA grant to implement the Border Environmental Commerce Alliance ("BECA") component of the San Diego Defense Conversion Program, Project/Award No. 07-49-04062 ; and WHEREAS, the BECA program is an extension and satellite of the San Diego Defense Conversion Program providing technical and business development assistance to small and medium sized environmental companies including innovative "start-ups," facilitating the transfer of new environmental technologies to existing industry, and providing specialized services in cross border trade development to businesses throughout the San Diego region; and WHEREAS, two key components of BECA are the Border Environmental Technology Resource Center and the Border Environmental Business Cluster; and WHEREAS, it is in the best interest of the EDA, the City of San Diego, the San Diego Technology Council, and the City ofChula Vista to work cooperatively together to avoid duplication, leverage available resources and maximize the program's impact. WHEREAS, the parties desire to work cooperatively to implement the San Diego Defense Conversion Program including BECA. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve to authorize the Mayor to execute the Memorandum of Understanding between the City of Chula Vista, the City of San Diego, and the San Diego Technology Council to work cooperatively to implement the activities of the San Diego Defense Conversion Program which includes the Border Environmental Commerce Alliance. CL C:;Cc~._ APPROVED AS TO F /1 A>4 I~ 1ft. PRESENTED BY: Chris Salomone Community Development Director Bruce M. Boogaard City Attorney IP.,J.J COUNCIL AGENDA STATEMENT Item J I Meeting Date 12/19/95 ITEM TITLE: 1/ A. Resolution / 8"'/ ~ 7 Rejecting low bid for non-compliance with the City's Disadvantaged and Women Owned Business Program Requirements for "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, California, FY 1995-96 Program (ST -513)" B. Resolution /8/ ",.5'" Accepting bids and Awarding Contract to the Second Low Bidder for "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, California, FY 1995-96 Program (ST-513)" and authorizing staff to increase quantities to expend all available funds for this project. SUBMITTED BY: Director o[Public Work~~ REVIEWED BY: City Manager'} \,Y \ j\\ (4/5ths Vote: Yes_NoX) At 2:00 p.m. on October 25, 1995 in Conference Room 2 in the Public Services Building, the Director of Public Works received sealed bids for the "Construction of Sidewalk Ramps on Various Streets in the City ofChula Vista, California, FY 1995-96 Program (ST-513)." The work to be done consists of removal of curbs, gutter, and sidewalk and the construction of sidewalk ramps on various streets in the City. The apparent low bidder, A. H. Builders failed to provide supporting documents confirming their compliance with the City's Disadvantaged and Women Owned Business (DBE) Program Requirements (See Attachment A). These requirements were set forth in the specifications for the contract and are required by the project's funding source. The second low bidder has complied with these requirements. RECOMMENDATION: That Council: 1) Declare the apparent low bidder as non-responsive [failure to comply with the City's DBE requirements] and reject the bid; 2) accept bids and award contract to the second low bidder, Star Paving Corporation - San Diego, in the amount of $28,210; and 3) authorize staff to increase quantities to expend all available funds for this project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for this project were budgeted in FY 1995-96 Capital Improvement Program (CIP) budget. This is an annual program funded with Community Development Block Grant Funds (CDBG). Its purpose is to construct sidewalk ramps at various locations throughout the City. The locations are generally near schools, shopping areas, or in many cases, where we have had specific requests by property owners to install the ramps (Attachment B). Bids for this project were received from nine contractors as follows: 1/-/ Page 2, Item ~ Meeting Date 12/19/95 Contractor Bid Amount 1. A. H. Builders - Chula Vista $24,923.00 2. Star Paving Corporation - San Diego 28,210.00 3. Fox Construction - San Diego 31,280.00 4. Basile Construction, Inc. - San Diego 33,946.73 5. Camino Irvine, Co. - San Clemente 35,790.00 6. Hammer Construction, Co. - Chula Vista 38,475.00 7. Portillo Concrete - Chula Vista 41,125.00 8. West Coast Construction - Corona 48,935.00 9. Weir Construction Corporation - Escondido 73,750.00 After receipt of the bids, and in accordance with City procedures, the apparent three low bidders are required to submit additional documents that show how they plan to meet the City's DBE Program requirements. The apparent low bidder, A. H. Builders, failed to submit the supporting documentation, even after it was required verbally and in writing by staff (Attachment C). The second low bid, submitted by Star Paving Corporation is below the Engineer's estimate of $43,530 by $15,320 or 35%. Staffs estimate was based on average unit prices received on similar work completed just last year. Because of the current economic conditions, and the number of bidders, the City received excellent bids. Star Paving Corporation just recently completed an alley project for the City and their work was quite satisfactory. Staff, therefore, recommends the contract be awarded to the second low bidder, Star Paving Corporation. Star Paving Corporation's bid is $3,287 higher than that submitted by A. H. Builders ($28,210 vs. $24,923). Nevertheless, staff believes that the second low bidder's amount is an excellent bid for this contract and results in a $10,114.55 fund balance, which staff recommends be utilized to construct additional ramps. The contract, as awarded, will complete the installation of 41 new ramps. Due to the excellent bids, it is estimated that an additional 12 ramps can be installed. Disadvantage Business Enterprise Goal The bid documents set forth participation requirements per Federal regulations for meeting the Disadvantaged and Women Owned Business Goals. Juan Arroyo, Housing Coordinator, has reviewed the bid documents submitted by the three lowest bidders, and determined that only the second low bidder, Star Paving Corporation meets the City's requirements for DBE participation. Staff also reviewed Star Paving Corporation eligibility status with regards to Federal procurement programs and the status of State contractor licenses for the contract as well as his subcontractors. Neither the contractor or any listed sub-contractors are excluded from Federal procurement programs (list of parties excluded from Federal procurement or non-procurement programs as of August 11, 1995). Contractor licenses for Star Paving Corporation are current and in good standing. 1/':1. Page 3, Item /1 Meeting Date 12/19/95 Disclosure Statement Attached as Attachment D is Star Paving Corporation's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project for the ADA curb cuts and has determined them exempt under Section 15301 (c), Class 1 of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Prevailing Wage Statement The source of funding for this project is Community Development Block Grant Funds. Prevailing wage scales are those determined by the Federal Department of Labor. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $28,210.00 B. Staff (Design & Inspection) 11,400.00 C. Additional \Vork 8,114.55 D. Contingencies 2,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $49,724.55 FUNDS A V AILABLE FOR CONSTRUCTION A. 1 996/ADA Curb Cuts Annual Program (ST-513) $49,724.55 TOT AL FUNDS AVAILABLE FOR CONSTRUCTION $49,724.55 FISCAL IMP ACT: The above action awarding of the contract will authorize the expenditure of $49,724.55 from budgeted CIP project (ST-513). After construction, only routine City maintenance amounting to mainly sweeping, will be required. Attachments A - Memo from Housing Coordinator B - Ramps Locations to be Installed C - Letter to A. H. Builders D - Disclosure Statement SLH:sb M :\HOME\ENGINEER\AGENDA \SlDEW ALK.SLH File No: 0735-IO-ST513 /1* J fF1 A TTf+cHIIJENT Pr MEMORANDUM November 15, 1995 From: Cliff Swanson, Deputy Director of Public Works/City Engineer Juan P. Arroyo, Housing Coordinator ~ Minority and Women Business EnterortJ Construction Proaram . Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, California - FY 1995-96 Program (ST 513) To: Subject: A review has been conducted of the bid proposals presented by A.H. Builders, Star Paving, Inc., and Fox Construction regarding the above referenced project compliance with the City's Minority and Women Business Enterprise Construction Program. Due to a lack of supporting documents and claim of compliance, I am unable to find A.H. Builders' proposal qualified under the Minority Business Enterprise northe Women Business Enterprise requirements. Star Paving, Inc. has provided the necessary documentation to indicate that their proposal complies with the City's goals for Minority Business Enterprise and the Women Business Enterprise participation. Fox Construction has verbally confirmed their written claim not to comply with the Minority Business Enterprise nor the Women Business Enterprise requirements, thus I am unable to find their proposal eligible. In sum, I find Star Paving, Inc. 's proposal as the only one of the three to adequately indicate compliance with the City's Minority and Women Business Enterprise Construction Program. 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Builders 895 Palomar Street Suite B-3 Chula Vista, CA 91911 Attn: Mr. Tony Hernandez: CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS IN THE CITY OF CHULA VISTA, CALIFORNIA FY 1995-96 PROGRAM (ST513) On Wednesday, November 15, 1995, Roberto Saucedo and Shale Hanson of my staff met with you concerning the award of subject contract. They discussed your lack of a proper contract license for you to perform the work. At that meeting you indicated that you would be taking an exam shortly to obtain the proper contractors' license. To date, you have yet to provide us with proof that you posses the proper contractors license to perform the work. In addition, I have attached a letter from Mr. Juan Arroyo, Housing Coordinator, concerning the information you provided with your bid on the Minority and Women's Enterprise Program. It is my understanding that Ms. Sherry Shot, (phone # 691-5263) who works for Mr. Arroyo has tried to contact you on several occasions, as has Mr. Hanson, so that you can provide them with the information they needed to see if your fIrm qualifIed to perform the work. To date, neither Ms. Shot nor Mr. Hanson has received any information from your fIrm concerning the minority business enterprise program. This letter is being sent to notify you that you have until 5:00 p.m., Monday, December 4, 1995 to provide the City with all necessary information to qualify your rmn for meeting the Minority and Women's Business Enterprise Program and also provide evidence that you have obtained the proper contractor's license. Otherwise the city will have no other choice but to award the contract to the second low bidder for construction of the project. If you have any questions regarding this matter please contact Mr. Shale Hanson, of my staff 691-5114. ~ ~. SWANSON DEPUTY DIRECTOR PUBLIC WORKS/ CITY ENGINEER SLH:dh c: Bruce Boogaard, City Attorney M:\HOME\ENGINEER\DESIG~ 13.SUI 11- r / 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5021 H T '[ Ii ( H IV) t... N T l j THE CITY OF CHULA VISTA DISCLOSURE STATEMENT ,~Me required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, '.JI mailers which will require discretionary action on the pan of the City Council, Planning Commission, and all other official "~~' TIle following infonllation must he disclosed: List the IlaIlleS of all perSOIlS having a financial interest in the property which is the suhject of the application or the Contract . q!.. owner, applicam, Contractor, subcontractor, material supplier. If any person" identitied pursuant to (I) above is a corporation or partnership, list the es of all individuals owning more than 10 % of the shares in the corporation or owning any partnership illlerest in the partnership. If any person" . elllitiecJ pursualll to (I) ahove is non-protil organizalion or a trust. list the names of allY persoll serving as Jm:dor of the lIon-prolil organizatioll or as trust~ or hc:neliciary or trustor of the trust. Hove you had more than $250 worth of husiness transacted with any memher of the City staff, Boards. Commissions, Committees, and Council within the past twelve month? Yes _ No ..)(!f yes, please indicate person(s): Please identify each and every person, including any agellls, employees, consultants, or independent Contractors who you have assigned to represem you ht:fore the City in this matter. I I tTw/E/(', L/7Mt:NFZ-.. Have you and/llf your officers or agellls. in the aggregate. cOlllrihuleu more than $1,000 to a Councilmemhc:r intht: current IIr pfcn:ding dCClioll pt:rillll" Yes _ No ~ If yes, state which Coullcillllelllhcrs(s): '0 ..{<'/T "'!i.:-x' 2. 6f /9 ~~ necessary) ,4. / ~ ./ or Applicant 157m2 P/N/ N? .L.'/vt! -/?/fat/E/ ~19N.ZJE Z-.. Print or type name of Contractor/Applicant * * * (NOTE: Attached additional ./~- fu'/lIJ is defined as: "Any individual, firm. co-pannership, joint venture, association. sucial club. fraternal organization, ',"urution. estate, trust. receiver, syndicate, this and any other county, city or country, city municipality, district, or other political '':ill.\lOn. ur any other group or combination acting as a unit. 46 J! -/ ! - '- 5 fr 8 = \ ~ on ~ ~ ~ u \ m !a o ~ :i J! Fe l' :RSITY : All rQGETI-fR - \ ~ RESOLUTION NO. /8' J~y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING LOW BID FOR NON- COMPLIANCE WITH THE CITY'S DISADVANTAGED AND WOMEN OWNED BUSINESS PROGRAM REQUIREMENTS FOR "CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS IN THE CITY OF CHULA VISTA, CALIFORNIA, FY 1995-96 PROGRAM (ST-513)" WHEREAS, at 2:00 p.m. on October 25, 1995 in Conference Room 2 in the Public Services Building, the Director of Public Works received sealed bids for the "Construction of Sidewalk Ramps on Various streets in the City of Chula vista, california, FY 1995- 96 Program (ST-513); and WHEREAS, the work to be done consists of removal of curbs, gutter, and sidewalk and the construction of sidewalk ramps on various streets in the City; and WHEREAS, the apparent low bidder, A. H. Builders failed to provide supporting documents confirming their compliance with the City's Disadvantaged and Women Owned Business (DBE) Program Requirements; and WHEREAS, said requirements were set forth in the specifications for the contract and are required by the project's funding source. NOW, THEREFORE, BE IT RESOLVED the city Council of the Ci ty of Chula vista does hereby rej ect the low bid for non- possession of required contractor's license and non-compliance with the City'S Disadvantaged and Women Owned Business Program Requirements for "Construction of Sidewalk Ramps on Various Streets in the city of Chula vista, California, ~19 5-96 Pr gram (ST- 513)". presented by ~oved ~ t fO~ ~~ Booga \ Attorney John P. Lippitt, Director of Public Works //;1" / RESOLUTION NO. /8"lt5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO THE SECOND LOW BIDDER FOR "CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS IN THE CITY OF CHULA VISTA, CALIFORNIA, FY 1995-96 PROGRAM (ST-513)" AND AUTHORI ZING STAFF TO INCREASE QUANTITIES TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT WHEREAS, at 2:00 p.m. on October 25, 1995 in Conference Room 2 in the Public Services Building, the Director of Public Works received the following nine sealed bids for the "Construction of Sidewalk Ramps on Various Streets in the City of Chula Vista, California, FY 1995-96 Program (ST-513) .": Contractor Bid Amount 1. A. H. Builders - Chula Vista $24,923.00 2. Star Paving Corporation - San Diego 28,210.00 3. Fox Construction - San Diego 31,280.00 4. Basile Construction, Inc. - San Diego 33,946.73 5. Camino Irvine, Co. - San Clemente 35,790.00 6. Hammer Construction, Co. - Chula Vista 38,475.00 7. Portillo Concrete - Chula Vista 41 , 125.00 8. West Coast Construction - Corona 48,935.00 9. Weir Construction Corporation - Escondido 73,750.00 WHEREAS, A. H. Builders has been disqualified for reasons explained in Resolution No. WHEREAS, the second low bidder, Star Paving Corporation, has complied with these requirements and its bid is below the Engineer's estimate of $43,530 by $15,320 or 35%; and WHEREAS, staff, therefore, recommends the contract be awarded to the second low bidder, Star Paving corporation; and WHEREAS, staff believes that the second low bidder's amount is an excellent bid for this contract and results in a 1181'/ $10,114.55 fund balance, which staff recommends be utilized to construct additional ramps; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project for the ADA curb cuts and has determined them exempt under section 15301 (c), Class 1 of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby accept bids and award contract to the second low bidder for "Construction of Sidewalk Ramps on Various Streets in the city of Chula Vista, California, FY 1995-96 Program (ST-513)". BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for such quantities of ramps as may be attained in order to permit full utilization of the appropriated amount for and on behalf of the city of Chula vista. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to increase quantities to expend a available funds for this project. City Presented by John P. Lippitt, Director of Public Works C:lrslsidewalk.bid I/B'v:2 COUNCIL AGENDA STATEMENT Item /~ Meeting Date 12/19/95 ITEM TITLE: /I, Resolution /8' It" Approving Final Map and Subdivision Improvement Agreement for Chula Vista Tract 88-3A, EastLake South Greens, Unit 4. 15. Resolution / %/ V 7 Approving Supplemental Subdivision Improvement Agreement for EastLake South Greens Unit 4 Requiring Developer to Comply with Certain Unfulfilled Conditions of Resolutions No. 15200 and 17618, and Authorizing the Mayor to Execute Same. SUBMITTED BY: Director of Public Worf..~, f " \ ." '\\ , ." 'I., \ )1 \ "-'", City Manager, ," , (4/5ths Vote: Yes_Noll) REVIEWED BY: On July 18,1989, by Resolution 15200, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 88-3, EastLake Greens. On August 16, 1994, by Resolution 17618, the City Council approved the amended tentative map for EastLake South Greens, Tentative Map 88-3A, and imposed additional conditions of approval. The amendment to the tentative map covers the area south of Clubhouse Drive which is designated as EastLake South Greens. The final map for EastLake South Greens, Unit 4 is now before Council for approval. RECOMMENDATION: That Council adopt the resolutions approving the final map, subdivision improvement agreement and the supplemental subdivision improvement agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located northerly of North Greensview Drive and westerly of Silverado Drive and consists of 114 lots for single family residential units and 5 lots for open space. The final map for EastLake South Greens, Unit 4 of Chula Vista Tract 88-3A, has been reviewed by the Public Works Department and found to be in substantial conformance with the approved tentative map. Approval of the final map constitutes acceptance by the City, on behalf of the public, of South Hills Drive, Pleasant Valley Place, Grove Park Place, Annadale Way, Sun Valley Road, Harbour Town Place and portions of Alisal Lane and Silverado Drive. Approval of the final map also constitutes acceptance on behalf of the /~-/ Page 2, Item / ~ Meeting Date 12/19/95 City the following easements: a 5.5 foot tree planting and maintenance easement along said streets; and a 10 foot general utility easement within open space lots A, B, C, D and E. At this time, the City is rejecting the dedication of Lots A, B, C, D and E for open space and other utility purposes. However, under Section 66477.2 of the Subdivision Map Act these offers of dedication remain open and subject to future acceptance by the City. These five open space lots will be maintained by the EastLake Homeowners' Association (HOA) unless the City determines that the level of maintenance does not meet City standards. In that event, Council may, by resolution, accept the offer of dedication on behalf of the City. The City accepts offers of dedication in fee for open space lots only when City resources will be used to maintain these lots. Since the HOA maintains all open space within the development, under this procedure the HOA retains fee ownership of the open space lots until such time as the City decides to assume maintenance responsibilities for these lots. This has become a standard procedure for all unit development within EastLake. The developer has executed a Supplemental Subdivision Improvement Agreement (SSIA) to satisfy the following conditions: 1. Condition No. 30 of Resolution No. 15200 requires the Developer to enter into an agreement whereby the developer agrees that the City may withhold building permits for any units in the subject subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the levels of service identified in the City's adopted thresholds. 2. Condition No. 32 of Resolution No. 17618 requires the Developer to enter into an agreement to indemnify and hold harmless the City from any claims, actions or proceedings against the City to attack, set aside, void or annul any approval by the City with regard to the subject subdivision. 3. Condition No. 33 of Resolution No. 17618 requires the Developer to enter into an agreement to indemnify and hold harmless the City from any liability for erosion, siltation, or increased flow of drainage resulting from the subject subdivision. 4. Condition No. 34 of Resolution No. 17618 requires the developer to enter into an agreement with the City relating to the provision of franchise cable television services. In addition, the SSIA contains a provision that allows the City to withhold building permits for this unit until off-site sewer facilities required to serve this unit have been constructed. The Developer submitted a bond in the amount of $130,000 to guarantee construction of said facilities prior to approval of the final map for EastLake South Greens Unit 6. /~.,~ Page 3, Item /;J,.., Meeting Date 12/19/95 On July 25, 1995, by Resolution No. 17982, Council approved an Affordable Housing Agreement for the EastLake development, which included certain milestones to implement the Affordable Housing Program. The agreement requires the developer to have 112 low income housing units under significant construction by June 1, 1998. However, prior to issuance of a building permit for the 2,55Oth unit of the Greens, the developer is required to commence construction on 160 low income housing units (the total affordable housing obligation for the Greens). After issuance of the 2,55Oth unit, the City will have the right to withhold issuance of additional building permits until significant construction has been completed on the 160 affordable housing units. With the approval of the 114 residential lots for EastLake Greens Unit 28, the current cumulative total of approved units within the Greens is 1,555. The developer is involved in discussions with the City to clarify the type and timing of park facilities to be provided with the EastLake Greens and EastLake III developments. There is a companion item on tonight's agenda dealing with the Eastlake Park issues. A Provision has been added to the SSIA herein submitted for your approval that obligates the developer to participate with regard to these units in whatever solution the City implements to resolve the issue regarding required park facilities. All other conditions of approval relative to this final map have been satisfied. The developer has also executed a Subdivision Improvement Agreement for this map and provided bonds to guarantee construction of the required public improvements (CV drawings 95-451 through 95-458) within the subdivision. The developer has paid all applicable fees and has provided a bond to guarantee the subdivision monumentation. A plat is available for Council viewing. FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans and final map will be reimbursed from developer deposits. Attachments: Exhibit A - Plat - EastLake South Greens Unit 4 Exhibit B - Disclosure Statement Exhibit C - Minutes of 7/18/89 (Reso 15200) & 8/16/94 (Reso 17618) LMC (M :IHOMEIENGI NEERlLANDDEVlELG04FM. LMC) File: 0600-80-ELG04 ),k J f)-'f CHUAL VISTA TRACT NO. 88-3A, EASTLAKE SOUTH GREENS ~2 4J ~~ ~ 68 46 67 ~7 48 .1 ~9 . ;:)- . 50 ~ ~ ! 65 89 I 51 "b - ~ 52 I 6,( ... . ~ '? 5J ... ~~ $.( ~ ~ 55 1,2~5 ---Y..I UNIT 4 L / -~ .- ~ /~ -- ~aI '':M.It'1ll.''-- --- --- t- \ '. r (.i - I. ,r . . 1HE Cm'" OF CHUIA VISTA DISCLOSURE SfAlEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 10 List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. EastLake Development Company 2. If any person. identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of tbe shares in the corporation or owning any partnership interest in the partnership. Boswell Prooerties. Inc. The Tulago Company 3. If any person* identified pursuant to (1) above is non-profit organization or a 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. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes_ No~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Bill Ostrem; EastLake Development Co. Tom Adler, EastLake Development Co. Marwan Younis, The May Group 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes_ No_ If yes, state which Councilmember(s): Date: November 7, 1995 · · · (N01E: Attach additional pages as Decessary) · · · \L~~ f- AJ~ /;2" 7 Signature of contractor/applicant Thomas E. Adler, Project Manager Print or type name of contractor/applicant · Penofl is defined as: "Any individua~ finn, co-partnership, joint veruure, ". ociation, social club, fratmuzl organization, corporation, estate, trUSt, ~cdva, .syndicate, this Qfld Ql~ other county, city 01u1 cowlI1); city murlicipality, district, or other political subdivision, or any other group or combination acting as a unit.. III nutf:S - 0 - IJUIY 10, I:;JO~ ORDINANCE OFFERED 'By MAYOR COX, as amended, the reading of the text was waived by unanimous consent, passed and approved with EXHIBIT C Councilman Malcolm abstaining on the Country Club portion of the zoning ordinance. 15 PUBLIC HEARING a. RESOLUTION 15197 PUBLIC HEARING b. RESOLUTION 15198 c. ORDINANCE 2317 d. RESOLUTION 15199 e. RESOLUTION 15200 f. RESOLUTION 15201 g, RESOLUTION 15202 CONSIDERATION OF FINAL EIR-86-4 - EASTLAKE GREENS (Director of Planning) EASTLAKE CERTIFYING FINAL EIR-86-4 GREENS PCM-87-7 - CONSIDERATION OF EASTLAKE II GENERAL DEVELOPMENT PLAN, PLANNED COMMUNITY DISTRICT REGUlATIONS( EASTLAKE GREENS SECTIONAL PLANNING AREA SPA) PLAN, EASTLAKE GREENS PUBLIC FACILITIES FINANCING PLAN, EASTLAKE. GREENS DESIGN MANUAL; EASTLAKE DEVELOPMENT COMPANY EASTLAKE II GENERAL APPROVING THE DEVELOPMENT PLAN ADOPTING AN AMENDMENT TO THE EASTLAKE I PLANNED COMMUNITY DISTRICT REGULATIONS TO ADD EASTLAKE II TO SAID REGULATIONS FIRST READING APPROVING THE EASTLAKE GREENS SPA PLAN, PUBLIC F A C I LIT I E S FINANCING PLAN , AND DESIGN MANUAL MAP APPROVING TENTATIVE SUBDIVISION PCS-B8-3 FOR EASTLAKE GREENS ADOP~ING CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR EASTLAKE GREENS ADOPTING THE MITIGATION MONITORING REPORT FOR EASTLAKE GREENS, EIR-86-4 This being the time and place as advertised, Mayor Cox declared the public hearing open. Planning Consultant Doug Reid explained that a Master EIR for all the EastLake development (including EastLake Greens/Trails) was completed in February of 1982. In addition, 392.1 acres of Eastlake Greens were reviewed in an EIR prepared for EastLake I in January 1985. This presentotion contains additional information, and covers effects on the environment which are not specific to the EastLake Greens/Trails site and those that were not previously addressed as significant effects. c.-) /.2" 9 ~; ; Ti u t t: $ - 9 - July 18, 1989 Mr. Reid th~n introduceD Jeanne Munoz, ERe Envirunmental and Energy Services, who presented conclusions in the final EIR and also the findings on the CEQA related documents. Ms. Munoz noted essentially, the one significant unmitigable impact would be on paper only: air quality. The reason being that it is in non-conformance. In the San Diego area, a project is considered to have a significant cumulative air ~uality impact if the project has not been included in the SANDAG Series 5 and 6 Growth Forecast. EastLake Greens and EastLake Trails were not included in those forecasts. At the time at which they become included the project will be in compliance and conformance and it will no longer be an unmitigable air quality impact. Councilman Nader noted the unmitigable impact on air quality (on pap e r) i s are a 1 air qua 1 i ty imp act and i tis 0 n 1 yon pap e r t hat impact will disappear if SANDAG revises it projects and the implementation plan for meeting quality air standards is revised. He questioned the existing inadequate implementation plan and the need to revise it to be stricter and asked how it is that we anticipate the implementation plan and the SANDAG forecast will be revised and therefore, on paper, the air qual ity impacts unmitigated will go away and somehow remove the same amount of air pollution that was an unmitigated impact on the EIR. Ms. Munoz responded that it is confusing, but that what it is, is that once the SANDAG Series 5 & 6 forecasts are incorporated into the revised Air Quality Management Plan, this project will be in compliance with the predictions made in that plan. It will not change air quality at all, but it will be in compliance and performance. The point needs to made however, that in large part, the problems with air quality in San Diego County are a result of the air quality problems in Los Angeles and there is nothing we can do about that. Mr. Bud Gray, City Consultant, noted he would be discussing the EastLake II General Development Plan and the EastLake Greens SPA P 1 an; Tom 8 a n dy fro m Wi 1 1 d a n w 0 u 1 d be pre s en tin g the E a s t L a k e Greens Public Facilities and Financing Plan and Principal Planner Ken Lee from the Planning Department would be presenting the Tentative Map. Tom Bandy reported on the Eastlake Greens Public Facilities Financing Plan. He noted that the plan has four key features. It describes the public facilities needed to serve the project, on-site and off-side, the estimated costs, the method of financing, and the phasing of facilities. C-d.-- /,1-Jt! EXHIBIT t Principal Planner 'u e presented his report 0 .c h e project, noting the proposed subdivision encompasses 830 acres of land located in the eastern portion of the City east of 1-805 and south of Otay Lakes Road, He noted the General lotting of the area including; standard lots, small lots, attached product lots, townhouse product lots, condominium product lots, high density condominium lots. Mr. Lee also noted a letter from Kent Aden of EastLake referring to proposed clarifications to conditions for EastLake Greens. EXHI BIT C Council discuss i on followed regardi ng lot si zes, densi ty, family sizes; affordabilty of the homes; possibly imposing a moratorium if development came to outstrip public facilities, water management plans, and land use patterns. Bob Santos, President, EastLake Development Co~pany, 900 Lane Avenue, addressed the issues about the General Plan policy as it relates to achieving density higher than target density shown in the General Plan. He noted that EastLake, before the Planning Commission, voluntarily reduced the density of the EastLake Greens, EastLake II proposal that was before Council this even i n g . They wi 11 0 n 1 y r e que s t de n s i ty above that 1 e vel i f the City's newly adopted policies are revised and situated to provide for EastLake's ability to do that. Katie Wright, Project Manager, EastLake Development presented slides and transparencies on the EastLake Neighborhood and family characteristics associated with the EastLake Project. She noted statistics on buyers, famil ies, needs and household sizes. Al so noted were the percentages of first time buyers, move up buyers and chief reasons why those buyers selected Eastlake. Kent Aden from EastLake noted that there were now over 90 conditions imposed on the SPA Plan and tentative map. He noted that in the spirit of cooperation EastLake would live up to the majority those conditions. He requested consideration of alternative wording and modification to six of those conditions: 1. Tentative ~1ap #37: requires equal access to Cable TV franchises. This issue is best dealt on a City-wide basis. They wi 11 be app1yi ng for a Cabl e TV franchi se and because of this they request that Council modify the condition to make EastLake subject to any ne\" City-wide ordinance or resolution of thi s f ssue. They will be subject to thf s at the tfme at which it is adopted. 2. Tentative Map '64/SPA '2: in regard to the pedestrian bridge. They don't know if the bridge is warranted or not, it will require substantial public money to maintafn and EastLake believes it should be included in the Public Facilitfes Financing Plan, not as a Tentative Map condition. \~~ -3 J,2~// Minutes - 11 - .1 y 1 8, 1 989 3. Tentative Map #38G: Currently states that residential con s t r u c t ion t a x may b e wa i v e d for e xc e ssp ark imp r 0 v e men t s. EX HI BIT '-- EastLake is committing to excess park improvements, therefore would like a commitment from Council to waive the RCT accordingly. 4. Tentative Map //46/SPA 6: Conflicting conditions regarding church sites. EastLake would like to clarify they are currently showing a 4.8 acre site in EastLake Greens for churches. In addition, there are 12.3 acres in EastLake I and II. In total, 22 acres will eventually be planned for the EastLake community. 5. Tentative ~'ap /l44/SPA #9: relating to low/moderate income housing. These items must be deferred at this time if Council accepts the Planning Commission recommendation. EastLake cannot meet these guide1 ines until the effect of the analysis on the General Plan Policy Section 6.2 and 6.3 as they relate to the final density of the five high density parcels is determined. 6. Planning Commission Item SPA Condition 13: regarding the deferral of the density. EastLake supports this condition but is asking that Council adopt this with a 30 day time frame in mind with the Task Force to come back with recommendations to be adopted by Council. With this in mind, EastLake asked that the project be adopted with the General Plan Policies as they were adopted last week. Speaking in favor of the EastLake project were: Richard Esslinger, Postmaster, Chula Vista, 2134 Horthshore Drive; Jackie Metcalf, 546 Port Harwick; Larry Rehlander, Victory Lutheran Church; Peter Watry, speaking for CROSSROADS, 81 Second Avenue; Fran 0 Meara, 1858 Gamay Terrace; uosepn "ownack, 1891 Gamay Terrace; Scott Ullmann, 2134-C Northshore Drive; Bob O'Connell; 2072 ~~aterbury Circle; Joseph Cummings, 1848 Ithaca Street; Richard Stahley, 30 Woodlawn Avenue. Collectively, their remarks included the following: Crossroads does not intend to concede one additional unit to EastLake Greens and EastLake Trails; should stick to target density and approve condition #13, which embodies the Planning Commission's recommendation and EastLake's proposal; Post Office in process of negotiation budget, if project is put off for any length of time it may detrimentally affect ability to procure funds necessary to construct EastLake Project; EastLake is the best community ever seen; has distinctive neighborhood and lifestyle; courteous corporation to work with for land site for churches; EastLake has changed Chula Vista's poor image; increased City revenue and increased number of businesses; various amenities are offered; homes are affordable; large yards; many of the neighbors have grown up in Chula Vista and moved to Cottage because they could afford them and still are near their families; pleased that EastLake has voluntarily chosen to reduce the density; insulated community - can give back to community in the form of good nei ghbors and ci ti zens; EastLake good project' but there is some con c ern 0 v e r p r i vat e v. pub 1 i cpa r k s; w 0 u 1 d 1 i k e tog i ve den s i ty transfer to keep from paying upkeep of parks. /~,/~ -~ lJ""'tJ IV, tJU,,/ Speaking against \ Joe Garcia, 484 Fifth lenue, Chula Vista. He stated that he was concerned about the water situation. He asked if the water situation has been addressed. Mayor Cox responded that it would be addressed on an incremental basis because a certification would have to be done by the Otay Water District that they would be able to provide the water service for this project. The Mayor also noted that Councilman Moore has put together a Water Task Force and that all property owners are working with the water districts; the Task Force meets on a monthly basis. The Otay Water District fs coming out this week with water allocations so that the developers know that they have certain restriction and cannot go beyond that with guaranteed water rights. . There being no further public testimony, the public hearing was closed. RESOLUTION A OFFERED BY MAYOR COX, the reading of the text was wa i ve d by una n i m 0 use 0 n s e nt, pas sed and a p pro v e d by the f 011 0 w.f n g vote to wit: EXHI BIT \.... AYES: NO: Cox, Moore, McCandliss Malcolm, Nader RESOLUTION B OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent. C 0 u n c il w 0 man t4 c Can d 1 i s s ask e d i f sin c e the b u 1 k 0 f her con c ern s were on the Tentative Map, would it be possible to adopt the Geneial Development Plan then possibly, with removing the actual targ~t number for the area, continue the Tentative Map until after he Task Force reviews that section and bring it back within 30 days. Or, if there was a desire to amend the tentative map, would they have to go back and amend the SPA Plan, Facilities Financing. Director Kremf' responded that they could consider the General Development P an and the SPA Plan and reserve decision on the Tentative Map. He noted that if the Tentative Map changed, as far as density or location of product types, for the most part the structure would still be relevant. The Task Force could review the Land Use Element of the General Plan within a 60 day period of time. The Resolution B passed by the following vote: AYES: NO: Cox, Moore, McCandliss Nader, Malcolm ORDINANCE C OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved by the following vote to wit: AYE S: NO: Cox, Moore, McCandliss, Nader Malcolm, :--s-' j:2'I} . , I ,~.... ,.;; ,J _v.IJ I\"...., I-'U....... RESOLUTION D OFFERED 3Y MA" 1 COX MOTION Nader/ to amend the resolution to include an agreement that the development will conform with the Growth Management Element to eventually be adopted as part of the Chula Vista General Plan. Mayor Cox asked if this would be more suitable under Item E - the Tentative Map Director Krempl responded that it could be placed under whatever action they felt comfortable with. MOTION RESTATED 10 amend the resolution to state that EastLake would agree with whatever Growth Management Element is added into the General Plan; it would become part of the agreement that the d.evelopment will conform with the Growth Management Element that will eventually be adopted as part of the General Plan. Council member Moore qUestione-a-the -re;-;~ used; "a-gree" as opposed to" con form. II ". / " ........-v-. -- ">\... J""'1,A..!J Councilman Nader clarified that EastLake could decline the agreement but then the project woul d not go ahead, so in effect. it is a requirement that EastLake conform. Discussion ensued regarding the agreement. Mr. Santos noted that this is the appropriate legal document to make that kind of commitment. but suggested it be addressed at that point in time. In answer to Councilman Nader's question. Mr. Santos responded they did have a problem in that Council is asking them to take a considerable risk. as they have done in the past. Councilman Nader withdrew his motion as to Item D and noted he would resubmit it as to Item E. but that it should be make clear at some point tonight that Council is doing this. VOTE ~N THE MOTION. Item D The motion carried with Councilman Malcolm voting no. RESOLUTION E OFFERED BY MAYOR COX as read. MOTION (McCandliss/ Nader) that the resolution be continued and returned at the Council meeting with the report on the General Plan. Councilman Nader asked for a clarification of the motion. (-cP /,,2-11 EXHIBIT l "'''''J .""". IJItJJ Councilwoman McCa.. liss stateJ that what te would like the committee to deal with transfers and bonuses and come back to EXHIBIT C. Council before approval of the tentative map Mr. Santos stated they were interested in moving ahead, but concerned about the feelings that EastLake had a lack of commitment. He suggested that the provision of a tract map condition that requires the development agreement for the project make EastLake subject to the Growth Management Policy that will be adopted by the City in the future. Secondly, that a track map condition on the ~roject requires that EastLake cannot exceed on a cumulative basis in the eastern territories 7,426 dwelling units until such time as the City has updated their Transportation Phasing Plan, or the Growth Management Plan. VOTE ON THE MOTION The motion to continue failed by the following vote, to wit: AYES: NOES: McCandliss, Nader Cox, Malcolm, Moore Mayor Cox noted there was one amendment he would like to make. MSUC (Cox/Malcolm) that before recording of the final map there would have to be an agreement executed by the City and by EastLake resolving the outstanding issues on the public v. private parks as they relate to EastLake I and EastLake II. MSUC (Nader/McCandl i ss) Condi ti on 79 - the development be subject to the Growth Management Element of the General Plan in the Transportation Phasing Pian to be adopted by the City. Councilman Malcolm noted that he had no problem with item 37 where EastLake is subject to any new City-wide resolutions regarding cable television and no problem with item 44 - that conditions related to low and moderate income housing shall be deferred and evaluated as a factor in the analysis of the General Plan policies 6.2 and 6.3 as they relate to parcels R-24, R-25, R-26, R-27 and R-28. MOTION (Malcolm/Moore) to amend 37 and.44 as per EastLake's request. Director of Public Works Lippitt noted that Item 37 was put in because of Council's concern of equal access - it could be changed - he recommended taking out the word .City-wide" because we don't know what the ultimate solution is going to be and it may be different from the western portion of the City in EastLake. '\ L \.- -. T /,1"// t:lnULt::S - I::> - J IJ I Y I (:l, I ::Jd::J AMENDMENT TO MOTION Councilman Malcolm amended his motion to delete the word II City - wid e " EXHIBIT C:. The motion carried unanimously. Councilman Malcolm also stated he had a problem with the golf course. He spoke to Eastlake and they agreed to do something other than a private golf course; the general public ought to have a right to use the open space; EastLake has an obligation to the public. He asked the City Attorney if Council could leave a condition where EastLake has to be willing to open up to some type of pub 1 i c use, to bed e t e r m i n e d by the City 0 f C h u 1 a Vis t a a t a later date by the Parks & Recreation staff and other golfing fa c i 1 i tie sin E a s t L a k e to corn e b a c k wit h 5 0 me ty p e 0 f recommendation. Assistant City Attorney Rudolf, in response to Councilman Ma1colmls question noted that if that condition would be consistent with what was already approved in Resolutions B, C, and D; if tha tis sue is not a 1 ready addressed in those provi si ons, then this condition would be inconsistent. It was noted by Mr. Gray that this would not be inconsistent with anything Council has acted upon thus far because nothing in the plans really speak to the private v. public nature of the golf course. Mr. Santos noted that EastLake Country C1 ub is envisioned to be a privately owned and operated Club; it is not a municipal course. When it is opened in 1991, it will be open for public play for a period of time which has not yet been determined. The community has expressed a desire to have this available for a community-at-1arge use. There will be a CUP for the golf course permit and at that time the whole concept of the public v. private play can be addressed. MOTION MSUC (Malcolm/Nader) to add this as Condition '80 - prior to any operation of the Golf Course that an a~reement between the City of Chula Vista and Eastlake regarding publlC play be entered into, to be considered as part of the procedure with the Conditional Use Permit. MSUC (Nader/Moore) Condition '81 Commissionls recommendations. to incorporate the Planning VOTE ON MAP RESOLUTION E OFFERED BY MAYOR COX, as amended, the reading of the text was waived by unanimous consent, passed and approved with Councilman Nader and Councilwoman McCandliss voting no. c-~ /).rIJ - ,u - ,",yl:J 10, I~O;;1 RESOLUTION F OFFl .0 BY MAYOR COX, the reI 'ng of the text was waived by unanimous consent, pa$sed and afProved with Councilman Malcolm voting no and Councilman Nader vot ng no on the Statement EXHIBIT (:.. of Overriding Considerations. RESOLUTION G OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent passed and approved with Councilman Malcolm voting no. Councilman Moore questioned the Council policy on traffic studies in future developments. Director of Public Works Lippitt responded that a traffic stUdy was done for this plan in the EIR and one will be done when ~unbow and other major developments come in. The City is automatically following through on its pOlicy. Mr. Krempl noted that on the Task Force, while indicating that it may take 60 days, they woul d be tryi ng to get the group together as soon as it was authorized by Council and proceed to do it in the shortest time possible. Mayor Cox noted the Council should try to make a commitment to have this issue resolved in the next 60 days. 16. ORAL COMMUNICATIONS - Opportunity for the public to speak to the City Council on any subject matter within the Council IS jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed five minutes. a. Mr. Wade R. Guiliani, s214 J Street, Chula Vista addressed the issue of the 706 and 706A buses, the Chula Vista Trolley. He noted that seniors and handicapped individuals that are having difficulties accessing those buses. He suggested that perhaps a study be done to correct these buses to be adequately used by these individuals. M S U C ( Cox /f~ 00 r e) tor e fer t his pet i t ion to s t a f f for are po r tan d evaluation to come back to Council. b. Joseph Garcia, 484 Fifth Avenue, Chula Vista, suggested City invest in a 54 or 60 inch television monitor with a VCR to be installed in the Council Chamber. City Manager Goss noted the City has that capability and equipment ready' to be used when neeaed. c. Paul Green, 141 Lotus Drive, Chula Vista, addressed concerns regarding an informational item dated February 15, 1989. The City Manager noted he will send another copy of the response to his letter that had been sent. d. Rick Short Tan, 55 Oxford Street, Chula Vista, requested that Chula Vista Historical Society consider trees as part of Chula Vista's history. He cannot get information on certain trees in the area. " Q '- - I /~'J7 Minutes August 16, 1994 Page 4 EXHIBIT ('.. parcels of the EastLake Greens General Plan Amendment whicb Lake access from the iotemaJ Circulat.iOD of the EastLake Greens Planned Community (northeast of the SDG&E transmission lin~); (2) Improve the spatial and functional relatioDShip of residential deosity/product distribution within the EastLake Greens PlanDed Community area; aDd (3) Update the Eastl Jlke Greens SPA PlaD aDd supplementary documents 10 reflect cuneot ltatistics and aecbnical refiDemeots based OD lite plaD approvals and market CODSiderations. Staff recommends Council place the ordiDaDces OIl first radio, aDd approve the resolution. (Director of Plannin,) A. ORDINANCE 2600 APPROVING THE PREZONlNG OF 2.2.7 ACRES OF UNINCORPORATED LAND TO P-C PLANNED COMMUNITY AND ADOPTING MITIGATED NEGATIVE DECLARATION ON JS.94-1' AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO (first readil12) B. ORDINANCE 2601 APPROVING AMENDMENTS TO THE EASTLAKE n (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULA TlONS (LAND USE DISTRICT MAP ONLY) AND ADOFfING MITIGATED NEGATIVE DECLARATION ON 15-94-19 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO (first readilU!) C. RESOLUTION 17618 APPROVING AND IMPOSING AMENDMENTS AND CONDITIONS ON THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN. EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, EAST LAKE GREENS AIR QUALITY IMPROVEMENT PLAN. EASTLAKE GREENS WATER CONSERVATION PLAN AND EASTLAKE GREENS MASTER TENTATIVE SUBDIVISION MAP AND ADOPTING MITIGATED NEGATIVE DECLARATION OF 15-94- 19 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO Ken Lee, Assistant Director of Planning. summariud the issues involved witb the project. Condition Be of the ordiDaDce referred to the DOrth side of parcel R21 (trail system) and mould be corrected to read the DORb side of Clubhouse Drive. . . . Councibnember Horton arrived at ':2(>> p.m. · · · Mayor Nader iUlted ihe Resource Conservation Commission minutes should bav: !=en included m !he ;=.eke!. He bad read the minutes whicb reflected a 5-0 vote for the mitia:atc:d neaative d<<:laralion. This beina the time and place as advertised. the public bearina was declared ~. . Bruce Sloan. 900 LaDe Avenue, '100, Chula Vista. CA. ~n=senlina: EastLake ~velopment Company, CODcurred with the staff recommendations. There beiDa DO further public testimony. the public bearing was cJo~. ORDINANCES 2600 AND 2601 PLACED ON FIRST READING AND RESOLUTION 1"18 OFTERED BY COUNCn.MEMBER HORTON. readine or the text was waived. passed and approved unanimOlW)'. 13. PUBLIC HEARING CONSIDERATIONOFPROCRAM CHANGES OF RESIDENTIAL YARD WASTE RECYCLING SERVICES FROM AN OPl'IONS PROGRAM TO A UNIVERSAL MANDATORY RATE STRUCTURE -The City'. residential yard waste collection pro,ram be,M 111194 U I umque -ophoos- proaram which allows sm,le-family resideats the choice of bow iMy will panicipate. hINd on Ibc:ir OWD ~t of their yud waste Deeds. A review of the participation, costs. Iftd mreaue of Ibc: first IillDODtbs of the vohmtary -optiClDS- proaram Ibow dW costs are far elceediD. reveoue and continuation of the pro,ram is dependent upon I rate adjustmeDt to cover COUectiOD and processio, costs. Letters wens received from Laidlaw nq...uo, coosidera1ion of an ameadment to the yard waste fee stnICtuf'e effective 9/1194 which would involve. cbanae 10 I UDi\Wal-....'tory rate ItrUCture to be spread 10 IUIiD,le-family _dents. Slaff ncommeads II'Pf'OvaJ of the naolutiOll. (Deputy City Manaaer Krempl) RESOLUTION ."t9 APPROVING A UNIVERSAL RESIDENTIAL YARD WASTE COLLECTION RATE CHANGE TO $1.. PER SINGLE-FAMn.Y HOME ;;.*'/3' RESOLUTION NO. / 8"'/ tf, ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 88-3A, EASTLAKE SOUTH GREENS UNIT 4 ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, REJECTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the city of Chula vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 88-3A, EASTLAKE SOUTH GREENS UNIT 4, and more particularly described in Exhibit IIAII attached hereto and incorporated herein as if set forth in full, is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. Area: 22.6 acres Numbered Lots: 114 No. of Lots: 119 Lettered Lots: 5 BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: South Hill Drive, Sun Valley Road, Harbour Town Place, Annadale Way, Grove Park Place, Pleasant Valley Place and a portion of Alisal Lane, and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that Lots A, B, C, D and E are hereby rejected for Open Space. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the city of Chula vista the easements with the right of ingress and egress for visibility and street tree planting and maintenance, general utility easement within Open Space Lot A, and the storm drain easement, all as granted and shown on said map wi thin said subdivision, subj ect to the conditions set forth thereon. 1 /c2~' -if BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated and that said lots are dedicated for Open Space and other public uses and are rejected on behalf of the city of Chula vista and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, general utility easement and storm drain easement, as granted thereon and shown on said map within said subdivision is accepted on behalf of the city of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of , 1995, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the city of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works Cl__ 'l1WN ~ Bruce M. Boogaard, ci y Attorney 2 / ") /1 _ t"\ / ~/7 oL EXHIBIT "A" - LEGAL DESCRIPTION PROPOSED CHULA VISTA TRACT NO. 88-3A "EASTLAKE SOUTH GREENS UNIT No.4" BEING A PORTION OF PARCEL 1 OF PARCEL MAP No. 17476, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PARCEL MAP HAVING BEEN FILED IN THE OFFICE OF SAID COUNTY RECORDER ON JANUARY 26, 1995, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE ON THE BOUNDARY OF MAP No. 13180, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON JANUARY 17, 1995, DESCRIBED THEREON AS "NORTH 42045'37" WEST 117.35' ", SAID COURSE BEING ALONG THE NORTHEASTERLY SIDELINE OF "SOUTH GREENSVIEW DRIVE", A 72.00-FEET-WIDE STREET SHOWN ON SAID MAP; THENCE SOUTH 42045'37" EAST 119.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 85006'47" EAST 74.46 FEET; THENCE NORTH 9011'46" EAST 10.77 FEET; THENCE NORTH 29001'42" EAST 72.25 FEET; THENCE NORTH 43042'17" EAST 79.32 FEET; THENCE NORTH 52057'03" EAST 60.41 FEET; THENCE NORTH 62054'36" EAST 61.97 FEET; THENCE NORTH 66057'26" EAST 57.96 FEET; THENCE NORTH 77>23'41" EAST 325.34 FEET; THENCE NORTH 78018'10" EAST 246.62 FEET; THENCE SOUTH 68057'45" EAST 83.57 FEET; THENCE SOUTH 43003'31" EAST 83.49 FEET; THENCE SOUTH 14012'24" EAST 81.49 FEET; THENCE SOUTH 10004'50" WEST 114.26 FEET; THENCE SOUTH 0058'24" WEST 206.03 FEET; THENCE SOUTH 05026'25" EAST 73.83 FEET; THENCE SOUTH 20010'14" EAST 261.01 FEET; THENCE SOUTH 24054'17" EAST 46.31 FEET; THENCE SOUTH 31020'10" EAST 217.35 FEET; THENCE SOUTH 39054'02" EAST 83.94 FEET; THENCE SOUTH 57>54'04" EAST 42.48 FEET; THENCE SOUTH 73OS4'26" EAST 59.51 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 360.00 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 70028'12" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17>02'24" AN ARC DISTANCE OF 107.07 FEET; THENCE TANGENT FROM SAID CURVE SOUTH 2029'24" WEST 237.42 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20.0 FEET; THENCE SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF EXHffiIT "A" - PAGE 1 OF 2 J;2~ ~J 94001'27" AN ARC DISTANCE OF 32.82 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 818.00 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 6030'51" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2039'23" AN ARC DISTANCE OF 37.93 FEET; THENCE NON-TANGENT FROM SAID CURVE NORTH 69046'46" WEST 16.49 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 815.00 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 10018'31" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3051'22" AN ARC DISTANCE OF 54.85 FEET; THENCE NON-TANGENT FROM SAID CURVE NORTH 85044'49" WEST 16.49 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 818.00 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 15018'10" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31056'13" AN ARC DISTANCE OF 455.96 FEET; THENCE TANGENT FROM SAID CURVE NORTH 42045'37" WEST 1220.64 FEET TO THE TRUE POINT OF BEGINNING; THE HEREINABOVE-DESCRIBED PARCEL CONTAINS 22.625 ACRES, MORE OR LESS. I~~ Michael Anderson L.S. 6312 MA Y Group San Diego MA:ma Rev: 11/29/95 (0025\OOI-OILG) EXHIBIT "A" - PAGE 2 OF 2 ) c2~.J / t,1 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "city", and Eastlake Development Company, a general partnership, 900 Lane Avenue #100, Chula vista, California 91914, hereinafter called "Subdivider". ~ITll~~~~Ttll- WHEREAS, Subdivider is about to present to the City Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Eastlake South Greens, unit 4 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all tne public -1- //;2A -?' improvement work required by city in connection with the proposed subdivision and will deliver to city improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution Nos. 15200, approved on the 18th day of July, 1989, and 17618, approved on the 16th day of August, 1994 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 95-451 through 95-458 inclusive, on file in the office of the City Engineer ("Improvement Work"); and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of One Million, One Hundred Ninety Four Thousand Dollars ($1,194,000). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to city, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public Improvement Work and/or land development work required to be done in and adjoining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the third anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serHing any buildings or structures ready fC",- -2- /~~/J-? occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the ci ty of Chula vista, simul taneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Five Hundred Ninety-Seven Thousand Dollars ($597,000) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the ci ty of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the cum of Five Hundred Ninety-Seven Thousand Dollars ($597,000) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the Ci ty of Chula vista, simul taneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Twelve Thousand Dollars ($12,000) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the -3- /07/;1/ 7 improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the city of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the state Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers Rnd employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort including attorneys' fees, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover +:he provisions of this -4- /e2/J-Y paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adj acent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the city of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provideQ for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER: EASTLAKEDEVELOPMENT COMPANY SEE ATTACHED SIGNATURE PAGE Mayor of the City of Chula vista ATTEST City Clerk Approved as to form by fJfl~ (J1 'CA-"7 4-~ ci torney / (Attach Notary Acknowledgment) -5- /~/J - c:; / By: EASTLAKE DEVELOPMENT COM:P ANY, a California general partnership By: Boswell Properties, Inc., By: The Tulago Company, a general partner a general partner By: /~~- By: b~ Paul G. Nieto, Vice President Paul G. Nieto, Vice President By: y: J.2/J-/O'!JIt -1/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of San Diego On December 7, 1995 DATE before me, Silvana C. Brazell, notary publiy NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared Paul G. Nieto and Curtis J. Stephenson NAME(S) OF SIGNER(S) 6(] 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J. SllVANAC. BRAZEll. I -- . ~. COMM. #1011951 ~ ~ .' NOT ARY PUBLIC-CALFORNIA : SAN DIEGO COUNTY , , My Commission Expires ..... J . .....,. FEBRUARY 12,1998 _ .1 WITNESS my hand and official seal. .dj{)~,,~~f!::~ OPTIONAL Though the d~ta below is not required by law, it r..ay prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TlTLE(S) o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(lES) Boswell Properties, Inc. ..T.hP Tnl i'! ga Campi'! n y SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAl NOTARY ASSOCIATION' 8236 Remmel Ave.. P.O. Box 7184' Canoga Park, CA 91309-7184 /e2~J -// LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $597,000 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $597,000 Exhibit "e" Improvement Security - Monuments: Form: Bond Amount: $ 12,000 Securities approved as to form and amount by @?):rr;H/1 c- /J",-/ ~ ~~ L \. {/ ci ty Att rrey Improvement Completion Date: Three ( 3 ) years from date of Council approval of the Subdivision Improvement Agreement. C:\ag\sia\ELSG.4 -6- /:-</~ - / .2 RESOLUTION NO. / S-/" ? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR EASTLAKE SOUTH GREENS UNIT 4 REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NO. 15200 AND 17618, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, on July 18,1989, by Resolution 15200, the city Council approved the Tentative Subdivision Map for Chula vista Tract 88-3, EastLake Greens; and WHEREAS, on August 16, 1994, by Resolution 17618, the City Council approved the amended tentative map for EastLake South Greens, Tentative Map 88-3A, and imposed additional conditions of approval which amendment covers the area south of Clubhouse Drive which is designated as EastLake South Greens; and WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement (SSIA) to satisfy the following conditions: 1. Condition No. 30 of Resolution No. 15200 requires the Developer to enter into an agreement whereby the developer agrees that the City may withhold building permits for any units in the subject subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the levels of service identified in the City's adopted thresholds. 2. Condition No. 32 of Resolution No. 17618 requires the Developer to enter into an agreement to indemnify and hold harmless the City from any claims, actions or proceedings against the City to attack, set aside, void or annul any approval by the city with regard to the subject subdivision. 3. Condition No. 33 of Resolution No. 17618 requires the Developer to enter into an agreement to indemnify and hold harmless the city from any liability for erosion, siltation, or increased flow of drainage resulting from the subject subdivision. 4. Condition No. 34 of Resolution No. 17618 requires the developer to enter into an agreement with the City relating to the provision of franchise cable television services. WHEREAS, in addition, the SSIA contains a provision that 1 j'7[J-/ r--.. --' / allows the city to withhold building permits for this unit until off-site sewer facilities required to serve this unit have been constructed and the Developer submitted a bond in the amount of $130,000 to guarantee construction of said facilities prior to approval of the final map for EastLake South Greens unit 6; and WHEREAS, the SSIA contains a provision that provides that Eastlake South Greens unit 4 shall be assessed or charged its pro rata share of whatever is necessary to implement the decision reached by the city with respect to the park improvement obligation as described therein. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve Supplemental Subdivision Improvement Agreement for EastLake South Greens Unit 4 requiring Developer to comply with certain unfulfilled conditions of Resolutions No. 15200 and 17618, a copy of which is on file in the office of the city Clerk as Document No. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by \,- y' \/!\ _ t.' (~. -. v Bruce M. Boogaard, City Attorney !/ V" -(..:,1/\ John P. Lippitt, Director of Public Works C:lrsIELSG.Un4 2 /;)8'~ City Clerk ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Above Space for Recorder's Use RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT (Conditions 30, 32, 33, 34, 39) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this _ day of , 199 , by and between THE CITY OF CHULA VISTA, California ("Ci ty" or "Grantee" for recording purposes only) and EASTLAKE DEVELOPMENT COMPANY, a general partnership ("Dc;veloper" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of a project commonly known as EastLake South Greens unit 4 ("proj ect ") . For purposes of this Agreement the term "Project" shall mean "Property". B. Developer is the owner of the Property. c. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as EastLake Greens, 1 1:;217...,'( .' LJ '.J Tract 88-3 ( "Tentative Subdivision Map") for the subdivision of the Property. D. The city has adopted Resolution No. 15200 and subsequent Resolution No. 17618 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. The description of the conditions in this recital section of this Agreement is intended only to summarize and paraphrase such conditions in the Resolution, and is not intended herein to modify or explain them, and is not intended as a basis for interpreting them. E. Condition No. 30 of Resolution No. 15200 requires Developer to enter into an agreement whereby the developer agrees that the City may withhold building permits for any units in the subject subdivision if traffic on otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the levels of service identified in the City's adopted thresholds. F. Condition No. 32 of Resolution No. 17618 requires Developer to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attach, set aside, void or annul any approval by the City, including approval by its Planning Commission, City councilor any approval by its agents, officers or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. G. Condition No. 33 of Resolution 15200 - Guarantee of Construction. Prior to the approval of any final map for any lot or unit, the Developer shall guarantee the construction of all improvement work (streets, sewers, drainage, utilities, etc.) deemed necessary to provide service to such lot or unit in accordance with City standards. H. Condition No. 33 of Resolution No. 17618 requires the Developer to hold the city harmless from any liability for erosion, siltation or increase flow of drainage resulting from this Project. I. Condition No. 34 of Resolution No. 17618 requires the Developer to insure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision and as more particularly set forth in Condition 34. Developer further agrees to restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the 2 /c2/J /1// operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula vista. J. This Project requires offsite sewer improvements to serve Lots 1 through 16 and 94 through 114. The City shall withhold building permits for Lots 1 through 16 and 94 through 114 until said offsite sewer improvements have been construr;ted to the satisfaction of the City Eng ineer on or before the Improvement Completion Date set forth in the Subdivision Improvement Agreement between the City and Developer as to EastLake South Greens, Unit 4 and in accordance with plans and specifications to be submitted for approval to the City Engineer. K. Park Obligations. Condition No. 39 of Resolution 15200, the EastLake Park Agreement, EastLake Greens Development Agreement and the Eastlake Greens III Development Agreement requires the Developer to dedicate parkland and to construct park improvements, including but not limited to, the Community Center, Gym and such other improvements as set forth in said agreements. L. City is willing, on the premises, security, terms and 'conditions herein contained to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the land owned by the City adjacent to the Property, described as EastLake Community Park, more particularly described as Lot 2 of Map No. 12544, recorded January 26, 1990. The Burden touches and concerns the Property. It is the intent of the parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. The Burden of this Agreement shall be released from title, as to an individual lot or unit within the Property upon the sale of any lot improved with a residence, provided however, the City determines that the effect of such release, or in conjunction with previous releases, will not jeopardize the completion of the improvements or other obligations remaining under this Agreement. If the City deter~ines that the release will not jeopardize said obligations, the City shall execute a quitclaim releasing the Burden of this Agreement 3 1c2[5 rS from the title to any such lots. As to any lots which have not been released, the Burden of this Agreement shall continue to encumber such lots and shall be binding upon, and run with, the ownership of such lots until such lots are released. a. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the pr ior wr i tten consent of the City to such release. Such assignment shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. b. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remain~2r of the Burden will be completed. 2. Condition No. 30 of Resolution No. 15200 - Building Permits Not to Issue While Thresholds Deficient. In satisfaction of Condition No. 30 of Resolution No. 15200, Developer agrees that the City has the right to withhold building permits for any dwelling units on the Property at such time as the traffic volumes on otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" street exceed the level of service identified in the City's adopted thresholds. 3. condition No. 32 SUbdivision Map Indemnity. In satisfaction of Condition No. 32 of Resolution No. 17618, the Developer agrees that, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the city fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this Project. 4 j,}[f ~ ~ 4. Condition No. 33 of Resolution 15200 - Guarantee of Construction. Prior to the approval of any final map for any lot or unit, the Developer shall guarantee the construction of all improvement work (streets, sewers, drainage, utilities, etc.) deemed necessary to provide service to such lot or unit in accordance with City standards. 5. Condition No. 33 of Resolution No. 17618 - Erosion and Drainage Indemnity. In satisfaction of Condition No. 33 of Resolution No. 17618, the Developer agrees that, on the condition that City shall promptly notify the Developer of any claim, action or proceedings, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. ci ty agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. 6. condi tion No. 34 - Cable Television Easements. In satisfaction of Condition No. 34 of Resolution Nol 17618, the Developer agrees to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for each lot or unit within the Project. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the Project only to those cable television companies franchised by the City of Chula vista the condition of such grant being that (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits, and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with, the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the city of Chula vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon a determination by the city of Chula vista that they have violated the conditions of the grant. 7. Satisfaction of Conditions. In satisfaction of the offsite sewer improvements required to serve Lots 1 through 16 and 94 through 114 of this Project, Developer agrees that the City may withhold building permits for Units 1 through 16 and 94 through 114 until said offsite sewer improvements have been constructed to the satisfaction of the City Eng ineer on or before the Improvement Completion Date set forth in the Subdivision Improvement Agreement 5 /cJ!3~/ ? between the City and Developer as to EastLake South Greens Unit 4 and in accordance with plans and specifications to be submitted for approval to the City Engineer. city agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Condition 30 of Resolution No. 17618. 8. Park obligations. In satisfaction of Condition 39, of Resolution 15200, Eastlake hereby agrees that the Property shall be assessed or charged its pro rata share of whatever is necessary to implement the decision reached by the City with respect to the park improvement obligations of the Developer including, but not limited to, the dedication of parkland, the construction of the Community Center and Gym or such other park improvements as set forth in Condition No. 39 of Resolution 15200, the EastLake Park Agreement, Eastlake Greens Development Agreement, Eastlake Greens III Development Agreement and such other agreements that Developer may have assumed the obligations thereof. 9. Recording. This Agreement, or an abstract hereof prepared by either or both part ies, may be recorded by either party. 10. Miscellaneous. 10.1 Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered ma iI, return rece ipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. Facsimile transmission shall constitute personal delivery. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Public Works Developer: EASTLAKE DEVELOPMENT COMPANY 900 Lane Avenue suite #100 Chula Vista, Ca. 91914 Attn: William T. Ostrem Vice President 6 /:2/3 - J// A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery. 10.2 captions. captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. 10.3 Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 10.4 preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/ or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. 10.5 Recitals; Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. 10.6 Attorneys' Fees. In the event of any dispute arising out of this Agreement, the prevailing party in any action shall be entitled to reasonable attorneys' fees in addition to any other costs, damages, or remedies. 7 / df] ~1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execute the day and year first hereinabove set forth. CITY OF CHULA VISTA *EASTLAKE DEVELOPMENT COMPANY By Mayor *PLEASE SEE ATTACHED SIGNATURE PAGE Attest: Beverly Authelet, City Clerk Approved as to Form: Date: C:\Ag\SIA\ELSG4.sup 8 / '>f! r/O , 0."~ / EXHIBIT "A" - LEGAL DESCRIPTION PROPOSED CHULA VISTA TRACT NO. 88-3A "EASTLAKE SOUTH GREENS UNIT No.4" BEING A PORTION OF PARCEL 1 OF PARCEL MAP No. 17476, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PARCEL MAP HAVING BEEN FILED IN THE OFFICE OF SAID COUNTY RECORDER ON JANUARY 26, 1995, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE ON THE BOUNDARY OF MAP No. 13180, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON JANUARY 17, 1995, DESCRIBED THEREON AS II NORTH 42045'37" WEST 117.35' II, SAID COURSE BEING ALONG THE NORTHEASTERLY SIDELINE OF "SOUTH GREENSVIEW DRIVEII, A 72.00-FEET-WIDE STREET SHOWN ON SAID MAP; THENCE SOUTH 42045'37" EAST 119.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 85006'47" EAST 74.46 FEET; THENCE NORTH 9011'46" EAST 10.n FEET; THENCE NORTH 29001'42" EAST 7,.25 FEET; THENCE NORTH 43042'17" EAST 79.32 FEET; THENCE NORTH 52057'03" EAST 60.41 FEET; THENCE NORTH 62054'36" EAST 61.97 FEET; THENCE NORTH 66057'26" EAST 57.96 FEET; THENCE NORTH 7r23'41" EAST 325.34 FEET; THENCE NORTH 78018'10" EAST 246.62 FEET; THENCE SOUTH 68057'45" EAST 83.57 FEET; THENCE SOUTH 43003'31" EAST 83.49 FEET; THENCE SOUTH 14012'24" EAST 81.49 FEET; THENCE SOUTH 10004'5011 WEST 114.26 FEET; THENCE SOUTH 0058'24" WEST 206.03 FEET; THENCE SOUTH 05026'25" EAST 73.83 FEET; THENCE SOUTH 20010'14" EAST 261.01 FEET; THENCE SOUTH 24054'17" EAST 46.31 FEET; THENCE SOUTH 31020'10" EAST 217.35 FEET; THENCE SOUTH 39054'02" EAST 83.94 FEET; THENCE SOUTH 5r54'0411 EAST 42.48 FEET; THENCE SOUTH 73034'2611 EAST 59.51 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 360.00 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING NORTH 70028'12" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 r02'24" AN ARC DISTANCE OF 107.07 FEET; THENCE TANGENT FROM SAID CURVE SOUTH ~29t2411 WEST 237.42 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 20.0 FEET; THENCE SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF EXHIBIT "A" - PAGE 1 OF 2 /1r?lJ -- / I 94001'27" AN ARC DISTANCE OF 32.82 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 818.00 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOUTH S030'51" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF ~39'23" AN ARC DISTANCE OF 37.93 FEET; THENCE NON-TANGENT FROM SAID CURVE NORTH 69046'46" WEST 16.49 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 815.00 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 10018'31" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3051'22" AN ARC DISTANCE OF 54.85 FEET; THENCE NON-TANGENT FROM SAID CURVE NORTH 85044'49" WEST 16.49 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 818.00 FEET, WITH A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 15018'10" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31056'13" AN ARC DISTANCE OF 455.96 FEET; THENCE TANGENT FROM SAID CURVE NORTH 42045'37" WEST 1220.64 FEET TO THE TRUE POINT OF BEGINNING; THE HEREINABOVE-DESCRIBED PARCEL CONTAINS 22.625 ACRES, MORE OR LESS. t~~ Michael Anderson L.S. 6312 MA Y Group San Diego MA:ma Rev: 11129/95 (OO25\OOI-OILG) EXHIBIT "A" - PAGE 2 OF 2 /.28,/:2- COUNCIL AGENDA STATEMENT ITEM TITLE: Item /;? Meeting Date 12/19/95 /~/~r Resolution Ordering the Summary Vacation of a portion of certain drainage, sewer and access easements in Lot 10 of Map 13176, Chula Vista Tract No. 90-02, Rancho Del Rey SPA III ~ SUBMITTED BY: Director of Public W ork~ City Manager 't-f~ *oJ Rancho Del Rey Investors, L.P., c/o McMillin Project Services, Inc., has requested vacation by the City of a portion of certain drainage, sewer and access easements. The easements have no public facilities within them and will be superseded by relocation of the utilities originally intended for these easements. REVIEWED BY: (4/5ths Vote: Yes_NoJL) Section 8333 of the California Streets and Highways Code allows the City Council to summarily vacate a public service easement when the circumstance stated above exists. RECOMMENDATION: That the Council approve the subject resolution ordering the summary vacation of a portion of certain easements in Lot 10 of Map 13176, Chula Vista Tract 90-02, Rancho del Rey SPA III. BOARDS/COMMISSIONS RECOMMENDATION: No consideration is necessary by any of the City's boards or commissions. DISCUSSION: On Lot 10 of Subdivision Map 13176, easements for access, drainage and sewer were granted to the City. An easement for water and access, coincident with the City's easement area was simulta- neously granted to Otay Water District on said map. (See Exhibit "A ".) Rancho Del Rey Investors obtained approved mass grading plans to develop Lot 10 on 7/1/92. As the grading was progressing, Rancho Del Rey Investors developed a concept for an affordable housing project which could be ideally situated on a northerly portion of Lot 10. On 6/14/95, Rancho Del Rey Investors initiated parcel map proceedings with the City to subdivide Lot 10 and create a separate parcel on this northerly portion of Lot 10. In order to better situate the affordable housing project's buildings and appurtenances on this proposed separate parcel, Rancho Del Rey Investors proposed to reconfigure the alignment of the northerly portion of said City and Otay Water District coincident easements. The realignment is an acceptable location for the corresponding utilities, since they will not cross through the proposed new parcel. Consequently, this northerly portion of the original coincident easements is no longer needed, and is thereby recommended for vacation. (See Exhibit "B".) The City and Otay Water District have approved the proposed new location for the utilities and will receive appropriate new easements. As a clean-up matter, the old easements may be abandoned. 13-; Page 2, Item J;l Meeting Date: 12/19/95 It should be clearly noted that under this proceeding, the City will, upon approval by the City Council, be vacating the City's access, drainage, and sewer easements only. Otay Water District must go through a separate proceeding to release all claim to their access and water easement. Although the construction change was approved, physical placement (actual construction) of either the City's or Otay Water District's utilities has not yet occurred within the realignment, nor were utilities ever placed in the original alignment. This means that Streets and Highways Code Section 8333 may be utilized, which states that the Council may summarily vacate an easement which has been superseded by relocation and which has no other public facilities located within it. Section 8334.5 states that it cannot be summarily vacated if public facilities are in place and would be affected by the vacation. Otay Water District, as well as other agencies that might be affected, were contacted and have no objections to the request. Rancho Del Rey Investors is currently processing the parcel map which subdivides Lot 10, creating a separate parcel at the northerly extent of Lot 10 for the affordable housing project. On this map, easements will be granted to the City and Otay Water District to cover their respective facilities along the realignment. In compliance with Streets and Highways Code Subsection 8335(b), the resolution ordering the vacation must state the following: 1. The vacation is made under Chapter 4 of the Streets and Highways Code. 2. The name or other designation of the public service easements and a precise description of the portion vacated are attached. (See Exhibit "e".) 3. The summary vacation is made under certain facts (That the easements were never utilized and will not be needed in the future). 4. From and after the resolution's recording date, the vacated City access, drainage and sewer easements no longer constitute easements. Otay Water District shall undergo a separate proceeding to vacate their access and water easement. FISCAL IMP ACT: The realignment of facilities causes no new or additional construction. The cost for the City to process the vacation is covered under a standard deposit account associated with such requests. The costs for processing the parcel map and obtaining permits to develop the affordable housing site are borne by similar type deposit accounts. Attachments: Exhibit" A" - Plat showing Lot 1 0 from an excerpt of Map 13176 Exhibit liB" - Precise Description of Portion to be Vacated Exhibit "C" - Plat showing original alignment and realignment JA / File: 0740-70-PV-065 M:\HOMEIENGINEER\AGENDA\V ACA 9002.JGA / :3 - .:J... RESOLUTION NO. /~/ty RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF CERTAIN DRAINAGE, SEWER AND ACCESS EASEMENTS IN LOT 10 OF MAP 13176, CHULA VISTA TRACT NO. 90-02, RANCHO DEL REY SPA III WHEREAS, Rancho Del Rey Investors, L.P., c/o McMillin Project Services, Inc., has requested vacation by the City of a portion of certain drainage, sewer and access easements; and WHEREAS, the easements have no public facilities within them and will be superseded by relocation of the utilities originally intended for these easements; and WHEREAS, section 8333 of the California Streets and Highways Code allows the City Council to summarily vacate a public service easement when the circumstance stated above exists; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby order the summary vacation of a portion of certain drainage, sewer and access easements in Lot 10 of Map 13176, Chula vista Tract No. 90-02, Rancho Del Rey SPA III, more particularly descr ibed in Exhibit "B", attached hereto and incorporated herein as if set forth. BE IT FURTHER RESOLVED that the city Clerk is hereby directed to record this resolution after the above conditions have been met, and from and after the date the resolution is recorded, the easement vacated no longer constitutes an easement. Presented by Approved as to ,/fdrm by . J ~ I 'I ~l1 /,1 . t,i I ~ N"'^-<... "Bruce M. Boogaard, C ty Attorney John P. Lippitt, Director of Public Works C:lrslvacate.sum 13:J)9~i LOT 8 MAP 13170 LOT I M4P gllO - o ,,<<J ~ s ~~ /, ~ LOT 2 MiJP e110 LOT 10 RANCHO DEL REY SPA //1 iJ1AP NO. /3176 ACCESS" DRLJ/NIICf IWD SEWER EJJSEMGNT 70 CiTY PER M/JP NO. /3/70 WATER AND 4CCESS EASEMENT 70 014 Y WillER f)IST/.;~/CT PER MdP NO. 13ilG StAtE /"= 101' c.XJ-/IBIT ~'I ):J-~ I/J~r; .' . '" <l\' . '.:~ I J-12322-H EASEMENT VACATION That portion of that certain easement granted to the City of Chula Vista for access, drainage and sewer and granted to Otay Water District for water and access as shown on Lot 10 of Map No. 13176 in the City of Chula Vista, on file in the Office of the County Recorder of San Diego County, State of California described as follows: Commencing at the Northeast corner of said Lot 10; thence South 17051 '06" East along the Easterly line thereof 368.00 feet; thence leaving said line South 72008'54" West 91.00 feet to a point on the Westerly sideline of said easement and the TRUE POINT OF BEGINNING; thence Northerly, Westerly, Easterly and Southerly along the sidelines of said easement the following courses: North 17051 '06" West 328,90 feet; thence North 72048' 19" West 139.89 feet; thence South 81 056'03" West 28.80 feet to the beginning of a non-tangent 428,00 foot radius curve concave Northwesterly, to which a radial line bears South 70051 '56" East; thence Northeasterly along the arc of said curve through a central angle of 05039' 51" a distance of 42.31 feet; thence South 72048'19" East 182,19 feet; thence South 17051 '06" East 344.50 feet; thence leaving the Easterly sideline of said easement South 72008'54" West 30.00 feet to the TRUE POINT OF BEGINNING. Contains 0.36 acres. c ~ )) C L/tf .tn ~,q Chris D. Ciremele L.S, 5267 c><'HIBlr ''8'' /3-7 (/3 ~~ ..-.- MAP !317b 4.SJ /....,29'5r ; ? 0/' . '- 6" JI'47 - - - - ~(R) >0- - - - ~ - '.J1'$6"', - - - - '?:CIi) LOT 8 POB- LOT I MAP NO, 8 I : NSg'4(J45'E 254.47' LOT L EL RANCHC J~' ilL UNIT No~ 3--WEST MAP NO ~ 8 j 10 KCESS. DRNNAGE AND SEWER EASEMENT GRAJ./TED TO THE CITY OF CHULA VISTA PE R MAP NO. 13176 TO BE VKATED WATER AND KCES~ EASEMENT GRANTELJ T OT AY WATER DISTRICT PER MAP NO. 13/76 TO BE VPCATED (f' &~" ()~, I\-.~" ~;' PROPOSED WATER AND !\CCESS EASEMENT TO 3E GRANTED TO OT AY /rATER DISTRICT REFERENCE DRAWINGS MAP NO.13fT6 MAP NO. 7396 MAP NO. 8/10 BASIS OF BEARINGS THE BASIS OF BEMINGS FOR THIS MAP IS BETWEEN 5T AT/ON 'SD 190' AND 'SD 193" PER SM DIEGO COUNTY CONTROL.IL.. N86'5O'34'E LEGEND r:~ INDICATES POFfTION OF EASEMENT TO l~_~'-J BE VKATEo. MEA. 036 PeRES INDICATES MAP BOUNDAAr Ur) INDICATES RNJIAL BEMING I L ~ ------- - ------- --- --- --- LlJ I:; o 0:: Lu ~ tn 0::: LlJ ~ TELEGRAPH VICINfTY MAP NO SCALE . lC) a q:) '._""~11 '''' INDICATES POINT O~E~i!j RI I"" 't." INDICATES TRUE r$ir1J'!',;/J,/'ll'fNG ) ~::-/(j r\,",,'~".'" ;;-[ ~ POB 10' T POB ITEM TITLE: / / ,J /If / . l~~ hi,/-/ I 1/ Public Hearing to consider Ordinance .lt~~ amending section 8.23.090 B.3. of the Chula vista Municipal Code to allow the Refuse Collection Franchisee to fully recover landfill processing costs through customer billing rates, and for consideration of refuse collection rate adjustment related to in~reased disposal costs at the County Landfill for the Residential, Residential Yardwaste, and Commercial Contracts. Item COUNCIL AGENDA STATEMENT Meeting Date SUBMITTED BY: Resolution /~/r~ Approving changes in the landfill/processing cost rate component for the Residential, the Residential Yardwaste, and the Commercial Contracts effective July 1, 1995, with ratepayers billing rates to be adjusted beginning January 1, 1996. Deputy city Manager Krempy} {/ Finance Director ~ City Manager (4/Sths Vote: Yes~ No___' REVIEWED BY: On November 14, 1995, in response to a request from Laidlaw Waste Systems, Inc., the City Council directed staff to evaluate the need to amend the municipal code in order to allow Laidlaw to fully recover charges incurred in the disposal of refuse at the County Landfill, and to recommend any necessary rate adjustments based on unrecovered costs. RECOMMENDATION: That Council: 1. Adopt Urgency Ordinance Amending Section 8.23.090 B.3. of the Chula vista Municipal Code to allow the Refuse Collection Franchisee to fully recover landfill processing costs through customer billing rates. 2. Conduct the Public Hearing. 3. Adopt Resolution approving changes in the landfill/processing cost rate component for the Residential, the Residential Yardwaste, and the Commercial Contracts effective July 1, 1995, with ratepayers billing rates to be adjusted beginning January 1, 1996. BOARD/COMMISSION RECOMMENDATION: N/A ~/ .I Meeting Date 12/05/95 Page 2 BACKGROUND: The basic refuse collection rate consists of three components; operating costs, landfill costs, and franchise fees. Landfill costs are incurred by Laidlaw on a per ton basis at the otay Landfill. These costs are currently passed through to the ratepayer based on 1991 estimates of the tons collected per household/business. The Municipal Code section governing modifications to the landfill cost portion of the refuse collection rate is 8.23.090 B.3., and reads as follows: "The proportion of modification to the Landfill Rate Component shall not exceed the proportion of change since grantee's last rate increase in the rate charged by the County of San Diego to Grantee for "tipping fees" at the otay Landfill, or if the otay Landfill has been closed, at the next closest operating landfill, for the latest twelve-month period." simply stated, this code section limits increases in the landfill rate component of the customer billing rates to changes in the actual per ton processing rates (tipping fees) charged at the County landf ill. It has been Laidlaw's contention that the ordinance should allow not only changes in the landfill tipping fees to be passed through to the ratepayers, but also any increased landfill costs due to changes in the actual tons collected per unit. The ordinance was written in this fashion because staff was concerned with their inability to verify that volume/weight increases per household/busineFs are actually attributable to Chula Vista customers. Although we can review tickets from the County Landfill indicating that the driver of the truck had indicated that the refuse originated in Chula vista, there is no failsafe way to verify that the trucks actually contain refuse from this City. Therefore, there does not appear to be any reasonable alternative to accepting Laidlaw's data for this purpose. During the November 14 Council discussion, Council determined that the intent of the ordinance was to allow Laidlaw to recover all landfill processing costs by passing them through to the ratepayers. The ordinance presented for approval tonight therefore amends the municipal code to clarify that intent as follows: "The proportion of modification to the Landfill Rate Component shall not exceed the proportion of change since grantee's last rate increase in the ~ costs charged by the County of San Diego to Grantee for IItippil'\lJ feca" processinq at the otay Landfill, or if tflc otay Lal'\afill flaa BCCA cloDcd, at tflc Acxt oloocDt opcrating landfill, for the latest twelve-month period." ~ '1 , j / 'j ..../ C'-- Meeting Date 12/05/95 Page 3 The ordinance is being presented as an urgency item, requiring four votes, in order to implement the rate modifications as soon as possible so as to minimize the monthly impact to the ratepayers. According to Laidlaw, during their 1995 fiscal year, the landfill rate billed to residential ratepayers was based on estimates of 0.13600 tons/month per residential unit. Again, according to Laidlaw, actual landfill costs were incurred at the rate of 0.13653 tons/month per residential unit. Therefore, Laidlaw incurred landfill costs under the Residential Contract totaling $2,273 in excess of what had been collected from the ratepayers for this rate component even though the landfill tipping fee did not change. Per Laidlaw, the weight per unit can vary because of numerous factors such as purchase practices, the economy, and the weather. Laidlaw has also shown that they have absorbed unrecovered landfill costs totaling $67,161 under the Residential Yardwaste Contract and $381,245 under the Commercial Contract during their 1995 fiscal year. staff has reviewed the monthly data provided by Laidlaw and has found no reason to dispute the figures as presented. Laid:aw is requesting that the la.1dfill cost rate component be increased in the three impacted contracts to enable them to recover the previously-incurred fiscal year 1995 costs over a twelve month p=riod (1/1/96 - 12/31/96) and to enable them to recover current fiscal year 1996 costs over the remaining six month period beginning 1/1/96, based on updated tonnage estimates. This treatment for the 1996 costs would be consistent with the operating cost increases recently approved by Council. They have also agreed to evaluate these costs on an annual basis along with operating costs and to recommend not only increases, but decreases based on actual tonnage, if warranted. Exhibit I details the basic recommended rate adjustment in addition to the "surcharges" for both unrecovered fiscal year 1995 and 1996 landfill/processing costs based on updated tonnage data. For comparison purposes, Exhibit II displays the annualized rates (using the basic adjusted rate only) for Chula Vista, assuming staff recommendations are adopted, with other jurisdictions' rates in San Diego county. The rates for Chula vista have also been adjusted to reflect the 2.5% operating cost increases approved recently by Council. The table shows that our overall residential billing rate, including recycling and yard waste, will remain the lowest in the County. This ranking is due to the large decreases put into effect in July, especially in the Recycling and Yardwaste programs. The comparison also shows that our Commercial 3 yard bin billing rate ($78.78) will be the ninth lowest out of the seventeen cities in the County, and is $2.49 or 3% less than the average rate for the other sixteen cities. _~ / ii' I " Meeting Date 12/05/95 Page 4 FISCAL IMPACT: The impact to residential ratepayers would be an increase over current rates of $0.17 per month per household for the period January 1, 1996 through June 30, 1996, an increase over current rates of $0.18 per month per household for the period July 1, 1996 through December 31, 1996, and a decrease below current rates of $0.02 per month per household from January 1, 1997 forward as the result of staff recommendations. The impact to the typical commercial ratepayer (13 yards/month) would be an increase over current rates of approximately $12.74 per month for the period January 1, 1996 through June 30, 1996, an increase over current rates of $8.84 per month for the period July 1, 1996 through December 31, 1996, and an increase over current rates of $3.90 per month from January 1, 1997 forward as the result of staff recommendations. ~i/~I' ~ . .. ': ! ~ 1.5 t:S>-= .. ~ll o:::! ...=- V'l ~ ~! ~ > ~ "I >- - - '1 w l ~ ]~~ u ~. - ~ J DO 5 !3 ~.5 l en ~i.E ~ a~8 en < ~ ~ ~ I ~ j~! ~ i I! Pi i I , · t' ~LO ~~S~~ ~~!iE - ~ ~ '^ - .. '. fW'l ~ '" Q N V'i ..0 ..0 W"i f"""4 .. ... ... ... -...... .. ~ ;; ~ ~ ~ ;; g a ~ ;; ~ ;:; ; 8 ~ . _ N N - ~MM"" Cl"I.,.. ~ N c;f"'l N ClC N -- - - ~ .. .. M I .. ~ .- w ~ ~! g Ii .5 r--. ~ I"'- \C N .,.. c; \C ClC ClC \C "': M - 0 - N ~ ...... ~ ... .. - - _MM.... .. l.O ~ l ~ '" ~ ~ S~S~ii: ii: ~ > ~ ~. i ~ :1 ~l~ ! ! ~ I ~ DC E c .. .n - .. ~ a c w .- - "'Be II .- 8 ~ ! E ~ 8 S ~ E i ! i '" 10 '" 10 .0 V'i - - .. .. ~ I ~ ..0 .. .. - - - .. .. .. 10' IC 0\ - .. . ~8 ~~~~ ;;~ ;;a~~ ~ ! ;; a 8 ;; N - .. .. IC IC N f"'l ~ g C> ~ - ClC ;:; i ~ z 12 a ~ c w .- ! II .- - \C I"'- ~ N V'i - - .. .. DC -e: N - fW'l - - - .. .. ~ .. z I"'- '" - - ~ ~ I I ~ I s ~ ~ Q I ~ - - i5. .r:: ~ S ~ < l! ~ i~ ! I fa ~= ~ ~ Jrf -..--' ~- .'1/' L, / "/ - -e: - = ta ~ g ...0 W"i ;;.. ;; 8 a ~ - r:: EXHIBIT II I 8 E E ~ ~ .c .c ~ = t'i ~ ~ .. V'i a' .. ..0 ..... - ~ .. .. .... ~ ~i~ ~ = a aa;; a a s ~ g ~ ~ ~ N ~ M .. ,. ~ ~ ;; a N - ~ "': - - M .. ~ ~,~ : ~ N "".c..o 0; N - ....- .. - .. .. .. I ~ - - r:: ::: '" '" ~ ~ - - r:: r:: ~ I I 3! ~ II) II) ~ = ,a i EXHIBIT 1I DRAFT COMMERCIAL LETTER RE SOLID WASTE CHANGES TO CHULA VISTA BUSINESSES: This letter is to advise you of some changes to your trash bill. As background, in 1994 your bill was increased several times due to rate increases at the County landfill which were not under the control of either the City of Chula Vista or Laidlaw. Thus, in the first half of 1995, the rate for a three-yard container with once-a-week refuse service was $91.35. Due to some subsequent cost reductions at the landfill, the average monthly rate for a three-yard container with once-a-week refuse service was reduced to $76.79 on July 1, 1995. Now, effective January 1996, the rate will again rise $14.82 to $91.61, but drop on July 1, 1996 to $86.64 and drop again on January 1, 1997 to $81.76. Q. What are the changes? One change is a 2.5% inflationary adjustment for Laidlaw effective July 1, 1995. The City Council approved the request in recognition that Laidlaw's last inflationary adjustment was July 1992 and costs have increased. The other change approved by the Council is to fully reimburse costs to Laidlaw from their use of the Otay Landfill. Previously incurred costs are being reimbursed to Laidlaw for the fiscal year 1994-95 and the first half of fiscal year 1995-96 and amortized over a 12-month period. Thus, the rates are higher at the beginning of 1996 and drop lower throughout the year. Q. What can my business do to help keep down future cost increases? The most effective way to help is to reduce, reuse and recycle. The City offers an easy way to recycle through curbside collection. Also, keeping the trash as dry as possible helps reduce the weight impact. H you want to know more about recycling and composting, call the City's Conservation Coordinator at 691-5122. John D. Goss City Manager NOTE TO COUNCIL: If the fiscal year 1994-95 retroactivity on the pass through is elhninated. rates effective January 1, 1996 will be $86.73. If the fiscal year 1994-95 and first half of 1996 retroactivity is dropped altogether, the rate further drops to $82.85. If the cost of living adjusbnent retroactivity is also dropped, the rate further drops to $81.76 on January 1,1996. With the rates as stated in the body of the letter, we would be the fourth highest in the County as of January 1996 and seventh as of July 1996 and January 1997. I~ ptJPi/ DRAFT RESIDENT LETTER RE SOLID WASTE CHANGES TO CHULA VISTA RESIDENTS: This letter is to advise you of some changes to your trash bill. As background, in 1994 your bill was increased several times due to rate increases at the County landfill which were not under the control of either the City of Chula Vista or Laidlaw. Thus, in the first half of 1995, the average monthly residential bill was $19.85. Fortunately, due to some cost reductions and successful recycling efforts, the average monthly bill was reduced to $12.41 on July 1, 1995. Now, effective January 1996, the bill is being increased to $13.10 or $.69 per month. This is still the lowest monthly rate of any jurisdiction in San Diego County. Q. What are the changes? One change is a 2.5% inflationary adjustment for Laidlaw effective July 1, 1995. The City Council approved the request in recognition that Laidlaw's last inflationary adjustment was July 1992 and costs have increased. Laidlaw had requested a 6.7% increase. A change also was approved by the Council to fully reimburse costs to Laidlaw through its use of the Otay Landfill. This amounts to $.17 of the total $.69 increase. Q. What can I do to help keep down future cost increases? The most effective way to help is to reduce, reuse and recycle. The City offers an easy way to recycle through curbside collection. If you want to know more about recycling and composting, call the City's Conservation Coordinator at 691.5122. John D. Goss City Manager NOTE TO COUNCll..: H the fiscal year 1994-95 retroactivity on the pass- through is elhninated, rates effective January 1, 1996 will be $12.90. H the fiscal year 1994-95 and the first half of 1996 retroactivity is dropped altogether, the rate changes to $12.92. If the cost of living adjustment retroactivity is also dropped, the rate further drops to $12.65 on January 1, 1996. J(. tJ~t? '2.5-16 CITY OF CHULA VISTA PROPOSED BILLING RATES SINGLE FAMILY RESIDENTIAL UNIT BILLING RATE: 1/1/96 BILLING RATES $12.41 I WASTE RATE 7'1196 C.P.I. ADJUSTMENT C.P.I. RETROACTIVE 7/1/f16 ADJUSTMENT 1996 LANDFILL WEIOHT ADJUSTMENT 1996 LANDFill WEIOHT 711/96 RETROACTIVE ADJ 1996 UNREIMBURSED LANDFILL COSTS WASTE RATE PROPOSED 1'1196 .14.20 $0.188 $0.188 $0.026 .0,026 .0.007 .14.69 SS CURBSIDE RECYCLING RATE 7'1'96 C.P.1. ADJUSTMENT C.P.1. RETROACTIVE 7/1/96 ADJUSTMENT SS CURBSIDE REC RATE PROPOSED 1'1'96 1$2,431 $0.042 $0.042 ($2.361 YARDWASTE RECYCLING RATE 7'1196 C.P.1. ADJUSTMENT C.P.I. RETROACTIVE 711/95 ADJUSTMENT 1996 PROCESSINO WEIOHT ADJUSTMENT 1996 PROCESS/NO WEIOHT 7/1196 RETRO ADJ 1996 UNREIMBURSED PROCESSINO COSTS YARD WASTE REC RATE PROPOSED 1/1196 $0.640 $0.061 $0.061 reO.0441 1$0.0441 $0.196 .0.86 SINGLE FAMILY RESI UNIT PROPOSED BILLING RATE: $13.101 7/1/96 1/1/97 BILLING BILLING RATES RA TES .13.10. $12.85. .14.69 $14.40 1.0.1881 reO.026) '.0,007) .14.40 $14,39 1$2.361 ($2,39) '$0.0421 ($2.391 ($2,39) $0.86 $0.84 1$0.0611 I $0.044 1.0.196) $0.84 $0,66 .12.851 $12,651 COMMERCIAL WASTE RATE 11 3YD 1 X WK) *76.79, .91.61. ~6.64 . C.P.I. ADJUSTMENT .1.086 C.P.I. RETROACTIVE 7/1196 ADJUSTMENT .1.086 1$1.0861 1996 LANDFill WEIOHT ADJUSTMENT $3.884 1996 LANDFill WEIOHT 711/96 RETROACTIVE ADJ $3.884 1$3.8841 1996 UNREIMBURSED LANDFILL COSTS ...884 '$4,8841 COMMERCIAL WASTE RATE PROPOSED $91.61. $86.641 $81.761 .. THE 1118. 111711Ans 00 NOT IlEFLECT ~TtHTIAL ADJUSTMENTS FOil LANDFIll. CPt. &IlECVCUNQ IlUULTS" / 'I ~t1 2 Should Council decide to disallow the reimbursement request as part of the Landfill rate component, Laidlaw has also requested reimbursement for these same costs as an "extraordinary cost," under Municipal Code section 8.23.090 B.9. Staff believes that this code section only deals with the timing of rate change requests and would not offer the franchisee another avenue to recover otherwise unrecoverable costs. The code section is reproduced here for your information: "Frequency of Rate Increase Requests. No more than one such increase may be implemented in anyone calendar year although grantee shall have at any time the right to submit a request to the City Council for additional rate relief at any time extraordinary expenses are incurred." ACCOUNTABILITY - VERIFICATION OF LAIDLAW WEIGHT DATA Staff was requested to clarify the level of confidence that could be attributed to weight data reported by Laidlaw, since this data would be relied upon for future rate changes should the ordinance be amended to allow such consideration. Further discussions were held with Laidlaw and a visit to their office was made to better acquaint staff with the accounting system in place which accumulates and reports both weight and cost data by jurisdiction. It was found that Laidlaw has a complex system of route assignments, reporting by drivers, and County landfill verification forms, which should provide a high level of confidence in the cost and weight data generated. Route assignments are being made such that only Chula vista trash is in any truck servicing the City. In other words, the same truck is not simultaneously servicing portions of other jurisdictions while servicing the city. Routes are controlled by unique numbers which also are reconciled with data received directly from the County landfill. This data is verified and corrected, when necessary, by office personnel. It should also be noted that Laidlaw has somewhat of a vested interest in accurately reporting the source of waste taken to the landfill, since according to County regulations, they could be subject to an administrative fine should the County or state determine that they are misreporting this information. CUSTOMER NOTIFICATION Council requested information as to how the rate changes would be communicated by Laidlaw to the City's trash customers. Attached is a draft letter for Council review and comment. Also attached is a table which attempts to provide a simplified presentation of the recommended rate modifications. li?J COUNCIL INFORMATION DATE: December 14, 1995 FROM: . Honorable Mayor and City Council /, \ ,. ),d'\ \ . " " ; ''x'', John D. Goss, Cl ty Manager._ . I' , Deputy city Manager Kremp~~ Robert W. Powell, Director of Finance~ TO: VIA: SUBJECT: ADDITIONAL INFORMATION ON PROPOSED ORDINANCE 2656 AND RESOLUTION 18146 - TRASH RATES When the attached item was considered by Council at the regular meeting of December 5, 1995, Council directed staff to return with additional information regarding the following areas of concern. UNREIMBURSED LANDFILL COSTS FOR FY95 AND FY96 It has been staff's position for several years that the ordinance only allowed for landfill component rate increases based on increases on the actual tipping fees at the County landfill. Conversely, Laidlaw has contended that the intent of the ordinance was to allow them to pass through all actual landfill cost increases, whether such increases were caused by changes in the tipping fees or increases in the average weight per household or business. When this issue was discussed at the November 14 meeting (item and minutes attached), it was staff's understanding that Council supported Laidlaw's position, and directed staff to further review Laidlaw's figures and to return with a recommendation for any necessary clarification of the ordinance and a recommendation for a reasonable amortization period for past unreimbursed costs. The issue of whether or not to allow Laidlaw to recover the past 18 months worth of unreimbursed landfill costs is viewed by staff as a policy issue based on the interpretation of the intent of the existing ordinance. If it is reasonable to assume that the intent of the existing ordinance is to allow all landfill costs to be reimbursed, as Laidlaw contends, then it appears reasonable that the retroactive reimbursement should be allowed. The currently recommended ordinance changes would then be viewed as clarification of the original intent. If, on the other hand, Council decides that the intent of the existing ordinance is to only allow rate increases for the landfill component based on tipping fee increases, then it may be reasonable to conclude that any such unreimbursed costs incurred by Laidlaw prior to the ordinance changes may not be subject to reimbursement. /~ ORDINANCE NO. J~~ AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.23.090 B.3 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW THE REFUSE COLLECTION FRANCHISEE TO FULLY RECOVER LANDFILL PROCESSING COSTS THROUGH CUSTOMER BILLING RATES The City council of the City of Chula Vista does ordain as follows: Section 1. That Section 8.23.090 B.3 of the Chula Vista Municipal Code is hereby amended to read as follows: Sec. 8.23.090 Rates for Collection. B. Rate Modification Procedure. 3. "Landfill Rate Component" Changes. The proportion of modification to the Landfill Rate Component shall not exceed the proportion of change since grantee's last rate increase in the ra-:E-e costs charged by the County of San Diego to Grantee for "tipping fCCD" processinq at the Otay Landfill, or if the Ot;1y lnndf i 11 h;1D bccn clowcd, at thc ncxt clOwcot opcr;1ting l;1ndf ill, for the latest twelve-month period. Section II: The City Council hereby finds that this is a matter of urgency affecting the public health and general welfare because the rate modification is necessary in order to minimize the monthly impact to the ratepayers and shall be effective immediately upon its first reading and adoption by a four-fifth's vote. AfgedJ ft::'. B~09 Robert Powell, Director of Finance Attorney Presented by c: lor\823090.B3 /l r- I / #19~ / RESOLUTION NO. IT/lit RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES IN THE LANDFILL/PROCESSING COST RATE COMPONENT FOR THE RESIDENTIAL, THE RESIDENTIAL YARDWASTE, AND THE COMMERCIAL CONTRACTS EFFECTIVE JULY 1, 1995, WITH RATEPAYERS BILLING RATES TO BE ADJUSTED BEGINNING JANUARY 1, 1996 WHEREAS, Laidlaw is requesting that the landfill cost rate component be increased in the residential, residential yardwaste and commercial contracts to enable them to recover the previously-incurred fiscal year 1995 costs over a twelve month period (1/1/96 - 12/31/96) and to enable them to recover current fiscal year 1996 costs over the remaining six month period beginning 1/1/96, based on updated tonnage estimates; and WHEREAS, Exhibit I details the basic recommended rate adjustment in addition to the "surcharges" for both unrecovered fiscal year 1995 and 1996 landfill/processing costs based on updated tonnage data. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve changes in the landfill/processing cost rate component for the residential, the r~sidential yardwaste and the comme~cial contract effective July 1, 1995, with ratepayers billing rates to be adjusted beginning January 1, 1996 as set forth in Exhibit I. Robert Powell, Director of Finance J Presented by 1/_; '/ - \ ' // ~"T' Exhibit I LANDFILL/PROCESSING RATE COMPONENT ADJUSTMENTS (Presented on a monthly basis) Residential Commercial Residential Yardwaste (bv yard) a) Basic Rate Adjustment $0.025 ($0.044) $0.300 b) Amortization of unreimbursed costs for first 6 months of FY96 over the period 1/96 thru 6/96 $0.025 ($0.044) $0.300 c) Amortization of unreimbursed costs for FY95 over the period 1/96 thru 12/96 $0.007 $0.196 $0.376 Effective rate adjustment 1/96 thru 6/96 (a + b + c) $0.06 $0.11 $0.98 Effective rate adjustment 7/96 thru 12/96 (a + c) $0.03 $0.15 $0.68 /j !? ,,> ~ /!;J~~ COUNCIL AGENDA STATEMENT -:;!:7,E'/) f /+- -ff Item Meeting Date 11/14/95 ITEM TITLE: Report on City of Chula vista Rate Setting: Financial Indicators for Solid Waste SUBMITTED BY: Deputy ci ty Manage~emp*\e; Director of Finance REVIEWED BY: ci ty Manager~ ~~ J (4/stbs vote: Yes_ No-l-) Earlier this year, in cooperati~ with Laidlaw, the City entered into a contract with a consulting firm, Hilton Farnkopf and Hobson, to develop solid waste financial indicators. The contract was awarded administratively following an RFP process. The cost is being paid by Laidlaw from a deposit account in the amount of $6,885. The objective of the study is to develop financial benchmarks to assist us in the rate review of any cost increase proposals made by Laidlaw. The attached report represents the study findings. RECOMMENDATION: That Council accept the report directing staff to continue to monitor and track the indicator changes over time and advise Council as part of any future rate setting hearings. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The consultant's report recommends that the City evaluate five different financial indicators as part of our overall monitoring of Laidlaw with the caveat, "By themselves, financial indicators cannot be conclusive with regard to whether specific rates are inadequate, adequate or more than adequate." As more fully defined in the attached report, the primary indicators recommended are the Expense Ratio and the Return on Assets, while the subsidiary indicators recommended are the Operating Ratio, Sales on Assets Ratio, and Debt to Worth Ratio. These specific indicators were selected to assist the City in evaluating Laidlaw's management effectiveness regarding matters that directly impact the rates paid by City residents and businesses. They provide insight into the management of expenses, assets, and debt. Based on unverified data provided by Laidlaw, the calculated financial indicators showed basically that their ratio of expenses to revenues was relatively high when compared to other refuse companies accross the country. These results would tend, to indicate that either the billing rates are too low, that the company is less than effective in managing operating expenses, or a combination of both. /1/'/ Meeting Date 11/14/95 Page 2 CONCLUSION: The indicators developed are helpful but are not a substitute for analysis of actual company specific operational and cost data fer any rate adjustment request. The limitations of the indicators are that specific, consistent and objective information is lacking for both Southern California and the Western Region. While comparison with nationwide data is helpful, it may not reflect results that may be more indicative of this region. Second, currently there is no trend information to be able to assess Laidlaw's position from year to year. Obviously, as the indicators are compliled over time, this problem will be alleviated. In addition, as noted, an indicator's position can be explained by either rates not being high/low enough or operating expenses not being managed efficiently. Thus, additional analysis is required to evaluate each request. staff believes that the indicators can be used to help focus the area of analysis and if the analysis tends to support a Laidlaw C.P.I. request, then the financial indicators can be looked at as a further confirmation of that particular conclusion. FISCAL IMPACT: The study has now been completed within the original budget of $6,885. No additional fiscal impact is contemplated, and Laidlaw will be able to provide us with the information needed ongoing to determine the appropriate ratios. Measuring the indicators periodically will provide the city with valuable comparative information. M:\HOME\ADMINIGKIUJOu' W.A13 / 8"~~ /f j 11(~.'~~~J ~i:~L 5HH133~94 ,. - ". I" tl .- 011 I. PAGE 63 CD HlLTONFARNl<OPF &. HOBSON ,o,dvifa'Y ~ct$ to Co: M\,Il\idr~1 M\IN~mtnt ~"nt N-r<n ~ 39350 Civic Centtr Orlve. Sulte: 100 F=nnnt. Calif<<nl.945)8.2331 Tclt~: 510'713.:mo Fax, SlOI71).J29-4 October 25, 1995 Mr. George Krempl Deputy City Manager City of Chula V1Sta Office of the City Manager 276 Fourth Ave. Chula Vista, California 91910 Solid Waste Financial Indicators Dear Mr. Krempl: In accordance with our agreement, Hilton Famkopf &= Hobson (HF&H) is pleased to present this final report to the Oty of Chula Vista (City). )lat'lc:vnund The Oty entered a Waste Management Franchise Agreement (Agreement) with Laidlaw Industries (Company) to provide refuse collection and disposal and recycling services to residents and businesses in the City through the yeat 2001. In exchange for provicling these services, conducting a new operating senrice facility and performing in accordance with the terr:\S and conditions of the Agreement, the Company charges customers at rates determined by the City Council. The CoWlci1 sets rates in accordance with the Agreement. The Agreement disaggregates the rates into the following three components; Landfill Rate Component; Franchise Pee Rate Component; and, Other Rate Component. The Landfill Rate Component is adjusted in accordance with the change in the landfill gate rate since the last time rates were adjusted. 11te Franchise Fee Rate Component is adjusted in accord.anc:2 with the actual change in franchise fees since the last time rates were adjusted. The Other Rate Component is adjusted in aecordance with the change in the San Diego Consumer Price Index for all urban customers since the last time rates were adjusted. However, the Other Rate Component adjustment is not to exceed 6%, unless a public hearing regarding the greater-than-6% ratei:nctease is conducted by the City Council. -0-' I~~ j/I--q .. _~.E HILTON FARNKOPF & HOBSON Mr. George Krempl October 25, 1995 Page 2 The City staff and Council have expressed concern that the rate adjustment method contained in the Agreement does not: . Document the Company's performance; . Provide a method for monitoring the Company's performance over time; or, . Allow the City to compare the Company's performance to other similar companies. For this reason, the City and the Company engaged HF&H, through a competitive procurement process, to identify financial indicators that would allow the City to document, monitor and compare the Company's performance to other similar companies. Initially, HF&H proposed a broader scope of work at significantly higher fees to perform the engagement. After discussions with and direction from the City and Company staff, the scope of work was reduced to that described below in order to more cost-effectively achieve the City's objectives. Approach and Limitations The procedures used in this analysis were the result of discussions with City and Company staff. HF&H performed the following tasks related to the achievement of the Cities objectives: Task 1: Review background documents, identify alternative financial indicators (based on our prior experience from similar engagements) and document the advantages and disadvantages related to each indicator. Obtain industry data regarding other company's performance regarding these indicators and receive from the Company its calculation of these indicators. Task 2: Meet with City and Company staff to discuss the results of Task 1 and review the materials for presentation to the City Council. Task 3: Attend a City Council meeting to present the recommended indicators and respond to questions. As with any approach, these procedures are 'OCt"Od 0 popo' -JS;2t~y / /1~fI ~ HILTON FARNKOPF & HOBSON Mr. George Krempl October25,1995 Page 3 As with any approach, these procedures are limited. The most significant limitations are: . The City staff were responsible for defining the City's objectives for the engagement and approving the scope of work. . The City and Company staff were responsible for providing HF&H with all relevant background documents and information. (HF&H did not perform any independent verification of the information provided by the City and Company staff.) . No procedures have been developed to adjust rates based on the findings and conclusions resulting from the analysis of the indicators. . Financial indicators are helpful in understandi!\g the results of operations for a particular company. Also, they can be useful in developing insightful questions regarding a company's operations. By themselves, financial indicators cannot be conclusive with regard to whether specific rates are inadequate, adequate or more than adequate. Findings ar;.d Description To be useful to the City, financial indicators have to be readily available for the refuse industry, on a consistent basis, from an independent source. On the basis of discussions with City and Company staff and our own knowledge, we found that no San Diego-specific or California-specific financial indicator data has been or is anticipated to be consistently available from an independent source. We did find that an annual publication of nation-wide data has been and is anticipated to be readily available from the independent firm of Robert Morris and Associates. We found that two primary and three subsidiary financial indicators reported by Robert Morris & Associates would best achieve the City's objectives of comparing the Company's performance to companies of similar size in the refuse industry, and to evaluating the Company's management effectiveness regarding matters that directly affect the rates paid by the City's residents and businesses. These financial indicators relate to the: ,.cyCl'. 0 piP<' -# rJ ~f' / ~ ~- . !::.-::t!fff HILTON F ARNKOPF & HOBSON Mr. George Krempl October 25,1995 Page 4 . Management of expenses; . Management of assets; and, . Management of debt. Other financial indicators are available from Robert Morris and Associates. However, they measure more specific indicators of performance (e.g., sales/working capital). While these indicators may be useful for more detailed analyses, we believe that the reporting of fewer indicators which are more representative of management's overall performance would be more useful on a routine basis. The primary indicators are: . Expense Ratio: This ratio measures a firm's ability to manage total expenses in relation to its sales. A high ratio can mean either the management of expenses is ineffective or prices for services are too low. A low ratio can mean either the management of expenses is effective or prices for services are too high. . Return on Assets: This ratio measures a firm's rate of return on assets it employs in the provision of service. A high return can men either an effective use of capital or an under-capitalized operation. A low return can mean either ~\ ineffective use of capital or an over-capitalized operation. In order to help interpret the results of these two primary indicators, we recommend that the City also evaluate three subsidiary indicators. The subsidiary indicators are: . Operating Ratio: This ratio measures a firm's ability to manage operating expenses in relation to sales. A high ratio can mean either an ineffective management of operating expenses or rates are too low. A low ratio can mean an effective management of operating expenses or rates are too high. . Sales on Assets Ratio: This ratio measures an operations ability to generate sales in relation to total assets. When comparing companies within an industry: the higher the ratio, the more effectively capital is used; the lower the ratio, the less effectively capital is used. tecvt1ed 0 plpel /8'A - ~ . HILTON FARNKOPF & HOBSON - Mr. George Krempl October 25, 1995 Page 5 . Debt to Worth Ratio: This ratio expresses the relationship between capital contributed by creditors and that contributed by owners. When comparing companies with an industry: the higher the ratio, the greater the risk assumed by creditors and the lower the firm's debt capacity; the lower the ratio, the greater the risk assumed by the owners and the greater the firm's debt capacity. By using the subsidiary indicators, the results of the analysis of the primary indicators can become clearer. For example, if the Expense Ratio is relatively high the City can determine whether this results from an ineffective management of operating expenses or assets. As another example, if the Return on Assets ratio is relatively low the City can determine whether the Company has relatively too many assets (low Sales to Assets ratio) or has too much debt (a relatively high Debt to Worth ratio). Data Results (Inte:r:pretations and Comparison) The following table compares the ratios for the Company to those of other companies in the industry. Pl~.u\lIAR.Y:RATI OS Ex ense Ratio Return on Assets ..' .. .. OM A yJ'" ......... .. .....'... .... - . ..........."... .--...-.......... . ..-......... ..... ...............- . . ..-.-....,.....,'. ,". , ... .-.- . .' ...-...-.......--,."... ................C.. . P.N.........,........................... . .. " .... .. ._ . .d__"" ". . ...... . 98.1% 2.9% ... ." .. N US y2........ """"""""""""""1 D TR .,..'.",.". . ..- ..".. ....- ., --.. ,...,..... ................ - . ... ,_,dO"_' ... ........ . . . .."........... ....... .,." .d......... .' . . . . .-_... ..... ,- . .-" - ...... . . 93% 13.7% /7.0% /2.6% 94.5% 1.6 Not Currentl Available Conclusions On the basis of the comparison of the Company's financial indicators to those of other comparable companies in the industry, the following conclusions appear appropriate. 1 Reported by Laidlaw Waste Systems Inc., for the 12 months eDding August 1994. 2 Robert Morris Associates, Annual Statement Studies - Refuse Systems' 103 companies with $2-$10 million in assets. Where available upper quartile (best performing 25% of companies reporting), median quartile (half of the companies reporting perform better, while half do not perform as well), and lower quartile (75% of companies reporting perform better) results are reported. 'ecycled 0 pepe. ./. g;m . ....' ~ _ '-.LJ- ':;:'- -", ",,' ",--, -r7~ / /~- / dt!J) Hit TON FARNKOPF & HOBSON Mr. George Krempl October 25,1995 Page 6 . Because its Expense and Operating ratios are relatively high, the Company's rates are either too low or it is relatively less effective in managing its operating expenses. . Because its Return on Assets ratio falls between the median and lower quartile, either the Company's rates are too low or it is relatively less effective in managing its assets. However, because the Sales on Assets ratio is close to the median of companies in the industry, capital appears to be effectively managed. We believe these indicators can be used by the City to: . Help determine whether a rate adju.stment may be necessary to bring the Company in-line with the profitability of other refuse companies of similar size; . Help identify whether the apparent cause for such an adjustment relates to operations, capital investment or debt management; and, . Help to focus the evaluation of the Company's application for rate adjustment on the key areas that mav be driving the apparent need for the rate adjustment. HF&H appreciates this opportunity to be of service to the City and Company and look forward to the presentation of this matter to the City Council. Very truly yours, ~j7~ Robert D. Hilton, CMC Managing Partner cc: Jim Weaver, Laidlaw Industries Dan Higgins, Laidlaw Industries recycled 0 pape' 1$11' r .' (/ COUNCIL AGENDA STATEMENT Item /g .& Meeting Date 11/14/95 ITEM TITLE: Public Hearing Consideration of Rate Adjustment Regarding the Consumer Price Index (CPI) for Collection and Disposal of Refuse, Residential Curbside and Yard Waste Recycling. Resolution 18 , l3 Approving a 2.5% increase in the operating cost rate component for the Residential Yardwaste contract, effective July 1, 1995. SUBMITTED BY: Deputy City Manager Krempl~'~ Finance Director~~ REVIEWED BY: city Manager~ ~~'\'/5thS vote: Yes_ NoJ-1 On June 27, 1995 the City council approved a comprehensive set of changes to the solid waste and recycling rates. The changes amounted to a significant decrease in rates following a successive number of increases in prior years due to ~he County incre~sing tipping fees at the landfill. At the June hearing Laidlaw requested, but was not granted, a 2.5% Consumer Price Index (CPI) adjustment to the operat~ onal cost portion of the waste and recycling rates. The request was referred back to staff for further review and analysis. This report provides that analysis. It also responds to an October 24, 1995 request by Laidlaw for a larger, 6.7% CPI increase in place of the earlier request for an increase of 2.5% in both the Residential and Residential Recycling Contracts, and a request to be reimbursed for unrecovered landfill costs totaling $450,679 (copy attached). RECOMMENDATION: That Council: 1. Deny Laidlaw's request for rate increases in the operating cost rate component for the Residential, Residential Recycling, and Commercial Contracts. 2. Approve Resolution approving their request for a 2.5% increase in the operating cost rate component for the Residential Yardwaste Contract effective July 1, 1995. 3. Deny Laidlaw's request to be reimbursed for unrecovered landfill costs, and direct staff to evaluate whether there is adequate justification to recommend an amendment to the Waste Management Ordinance to allow Laidlaw to recover all landfill costs in the future. BOARD/COMMISSION RECOMMENDATION: N/A .tt'&.~-l /~/- ... ./ / Meeting Date 11/14/95 Page 2 BACKGROUND: When Council adjusted rates in June, 1995, the following changes and savings were realized: Type of Service Prior to Effective Monthly 6/30/95 7/1/95 Change Residential (Single $19.85 $12.41 <$7.44> Family) Avg. Monthly Cost Senior "Yellow Bag" $12.00 $6.78 <$5.22> Program Avg. Monthly cost Commercial Avg. Monthly $91. 35 $76.79 <$14.56> Cost At the time, Laidlaw requested a 2.5% CPI adjustment based on the change in the Consumer Price Index for San Diego County from January 1 - December 31, 1994 (attached letter dated June 22, 1995). Staff's position on the CPI increase request was (and is) that any increase must be justified by increases in actual operating costs and limited by the increase in the local CPl. Staff could not support the CPI request as they had not received documentation substantiating Laidlaw's changes in operational costs for the various contract programs. Council agreed and requested staff to report back in 90 days (September 30, 1995). As we got into the issues with Laidlaw, it became apparent that some additional time was going to be needed to collect as well as review all the data. Council was advised of the delay via an Information Memo as we approached the initial deadline. By letter dated October 24, 1995 (copy attached), Laidlaw replaced their original request for a 2.5% CPI increase with a request for a 6.7% CPI increase for the Residential and Residential Recycling contracts and a 2.5% increase for the Residential Yardwaste and Commercial contracts, as well as requesting to be reimbursed for unrecovered landfill costs which totaled $450,679 during their 1995 fiscal year ($69,434 for Residential and $381,245 for Commercial). The new request for 6.7% is based on the increase in the CPI over the last three years, which is the limit allowed by the ordinance. The legal framework for Laidlaw's CPI increase request is found in section 8.23.090 of the Municipal Code--"Rates for Collection". The text reads as follows: B2. "The proportion of modification to the other rate component [as opposed to the landfill rate component or the franchise fee component) shall be limited by the proportion of change since grantee's last rate increase :i.l the San Diego arf"::t Consumer Price I'1dex for all urban r865-d.- / // / Meeting Date 11/14/95 Page 3 consumers as compiled by the united states Department of Labor, Bureau of Labor statistics for the latest twelve month period for which statistics are available. In no event shall the amount of the increase exceed six percent (6%) of the service rates.~ Laidlaw's last CPI increase was 3.~% in July, 1992. In addition to the CPI analysis, staff has been working with Laidlaw and a consultant, Hilton, Farnkopf and Hobson, to explore the development of "financial indicators~ with which comparisons can be made between Laidlaw's performance and other waste management providers. Although of general interest, this exercise was determined to be of little benefit in actually judging the reasonableness of billing rates, due in part to the lack of comparable data for similar companies in this region. A companion report addresses that topic. Also attached at Laidlaw's request is a copy of a report by Laidlaw's auditor, Coopers and Lybrand, dated October 25, 1994, basically attesting to the mathematical accuracy of Laidlaw's computation of the Company's return on investment and net income as a percentage of revenue related to the city of Chula Vista contract for the twelve months ended August 31, 1994. It should be noted that the auditor's opinion is based upon a review of workpapers prepared by Laidlaw and that they disclaim any opinion as to the appropriateness of the basis for the calculations performed on those workpapers. Finally, it is always of interest to note Laidlaw's rate comparisons with other jurisdictions' rates in San Diego County. The comparison is attached as Exhibit I, and shows that our overall residential billing rate, including recycling and yard waste, is the lowest in the County. This ranking is due to the large decreases put into effect in July, especially in the Recycling and Yardwaste programs. The comparison also shows that our Commercial billing rate ($76.79) is the seventh lowest out of the seventeen cities in the County, and is $4.48 or 5.5% less than the average rate for the other cities. DISCUSSION: Before commenting on the data and our conclusions, it is important to understand our assumptions and approach. We did not perform a comprehensive rate review, which is very time consuming and entails a level of expertise unavailable with City staff. Such a review would include examining the efficiency with which Laidlaw manages each program, from route SCheduling to vehicle maintenance and replacement. A comprehensive rate review was last performed for this franchise in 1991. <-~-~~.. 1"'/- //' / ~ ~ Meeting Date 11/14/95 Page 4 What we did do was begin by looking at actual cost information provided by Laidlaw for all the programs combined and how they have changed over Laidlaw's last three fiscal years, ended August 31, 1995. The information was provided for nine categories: 1. Operations, labor and fringe benefits 2. Franchise fees 3. Fuel, oil, tires and vehicle costs 4. Insurance costs 5. Vehicle Maintenance Costs 6. container maintenance costs 7. Depreciation expense 8. support services 9. Interest expense It was subsequently concluded that it would be better to focus on only the last two years (that coincides with the time period that Laidlaw has been separating out all its records for just the City of Chula vista as opposed to Chula Vista/Imperial Beach). Second, it was decided to look at the cost changes for each of the four contracts individually rather than all together and make recommendations accordingly. The fOUT contracts are the Residential Contract, the Residential Recycling Contract, the Residential Yardwaste Contract and the Commercial contract. This would pro~ide a picture of the cost justification for each contract and more clearly allow an objective evaluation of any CPI increase proposal. It is important to note that our review was limited in scope to reviewing the reasonableness of reported operating cost increases based solely on data provided by Laidlaw for this analysis. EVALUATION OF OPERATING COST DATA: Residential contract The cost data submitted by Laidlaw related to the Residential Contract shows a decrease in operating costs in 1995 as compared to 1994 of $67,476. Therefore, no increase in the operating cost component of the rate for this contract is recommended. Residential Recvclinq Contract The cost data submitted by Laidlaw related to the Residential Recycling Contract shows an increase in operating costs in 1995 as compared to 1994 of $74,371. When cost increases for those categories for which we received inadequate justification are excluded (support Services), the operating costs for this contract increased by $60,698. Since this contract and the Residential Contract serve the same customers, it would seem reasonable to net this cost increase against the cost decrease in that contract, arriving at a net decrease of $6,778 ($67,476 less $60,698). Therefore, no increase in the operating cost component of the rate for thie contract i~ recommended. rt8-'f / --./ Meeting Date 11/14/95 Page 5 Residential Yardwaste Contract This Contract as a mandatory program for residents completed its first full year at the end of August, 1995. The initial year's rates were established based on raw estimates of what Laidlaw thought it would cost to operate such a program. Actual cost data submitted by Laidlaw covering the first full year of operation, now shows that the original estimates were somewhat low in the cost categories of Labor and Support Costs. The overall operating cost of the program based on the first year actual data exceeded the estimated operating cost by 4.92%. Therefore, the 2.5% increase requested by Laidlaw for the operating cost rate component for this contract is recommended to be effective retroactive to July 1, 1995. Commercial Contract The cost data submitted by Laidlaw related to the Commercial Contract shows a decrease in operating costs in 1995 as compared to 1994 of $156,546, or 8.45%. According to Laidlaw, these substantial cost decreases are due in large part to their constant attention to cost cutting measures. No increase in the operating cost component of the rate for this contract is recommended. LANDFILL PASS-THROUGH COSTS: The Municipal Code section governing modifications to the landfill cost portion of the waste hauling rate is 8.23.090 B.3., and reads as follows: "The proportion of modification to the Landfill Rate component shall not exceed the proportion of change since grantee's last rate increase in the rate charged by the County of San Diego to Grantee for "tipping fees" at the otay Landfill, or if the otay Landfill has been closed, at the next closest operating landfill, for the latest twelve-month period." It is important to understand that this component is integrated into the unit rate structure by estimating the number of tons per unit, since landfill tipping fees are charged on a per ton basis. It is Laidlaw's contention that the ordinance should allow not only changes in the landfill tipping fees to be passed through to the ratepayers, but also any increased landfill costs due to changes in the actual tons collected per unit. Staff's interpretation of the ordinance is that it currently only allows changes in the landfill tipping fees to be passed through as rate changes. To illustrate, according to Laidlaw, during their 1995 fiscal year, the landfill rate billed to residential ratepayers was based on estimates of 0.13600 tons/month per residential unit. Again, according to Laidlaw, actual landfill costs were incurred at the rate of 0.1365.> tons/month per residential unit. T..erefore, .~-=-s / .~ - /,,---3 Meeting Date 11/14/95 Page 6 Laidlaw incurred landfill costs in excess of what had been collected from the ratepayers for this rate component even though the landfill tipping fee did not change. Per Laidlaw, the weigh~ per unit can vary because of numerous factors such as purchase practices, the economy, and the weather. staff is requesting additional time to further examine this issue before deciding whether a modification to the ordinance is desireable. CONCLUSION: Although the local CPI has increased a cumulative 6.7% over the last three years, based on the data provided by Laidlaw, their operating costs for both Residential and Commercial waste collection have remained relatively constant, and in many cases, due to their active management, have actually decreased. Therefore, for the Residential, Residential Recycling, and Commercial Contracts we are recommending that their requests for increases in the operating cost rate component based on the increases in the local CPI be denied. since we now have cost data covering one full year of operation for the mandatory Residential Yardwaste Program, we can now adjust the operating cost component of the rate to more closely recover the actual costs of the program. We are therefore recommending approval of Laidlaw's request for a 2.5% increase in the operating cost rate component for the Residential Yardwaste Contract to be effective 7/1/95. The July effective date is baspd on Council direction given during the June 27 discussion. FISCAL IMPACT: The impact to residential ratepayers would be $0.60 per year per household as the result of staff recommendations. If the actual rate charged to ratepayers is implemented effective 1/1/96, this will amount to an increase of $0.10 per month per household for the remaining 6 months of the fiscal year. Assuming no other changes, as of 7/1/96, the rate will decrease again to amount to only $0.05 per month per household for the subsequent full year period. There would be no fiscal impact to Commercial ratepayers as a result of staff recommendations. A:\INCREASE,CPI l~b /,1-./;/ M I "ii 'e ~ e"C~ ~ ~.5 U>-~ - ~ .::; ...:! ~ is <c"C ... :.:: . .. O~~ I-~=:: V'l ~ 00 < l- V,) ;; "C < ~ ~ ~ C .::; QJ U c C ~ ~ ~ &. o .- ~ E ~ ~~ 8 - U ... QJ B 5~ - C n ~ QJ - C C "C.- 0 .u) U Q. of ~ e ::I B 0 u..u ~ V,) ~ V,) < ~ 9 - - :(.! is >- cQJ8.c ~ ~ rIl ..,. . 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N MiI"til"t 0\ r- o iI"t V'l 0 0\ r-oo- 00""; MiI"til"t N \0 o iI"t N r- M iI"t N \0 o V'l N iI"t - iI"t 0"- r- N - iI"t M\OO\ O\O\M r..:oO...o il"til"t- iI"t "I:t ~ - t:: \0 ~ - - - V,) o ~ :E ~ V,) ~ V,) EXHIBll I 00 r- oo \0 iI"t "I:t V'l 00 00 iI"t N "I:t ~ - iI"t r- M ...0 - iI"t N r- o iI"t 00 00 o iI"t "I:t V'l N iI"t \0 V'l - iI"t N ('f'l - r- - iI"t - M "I:t 00 0- iI"t N N N - iI"t V'l ~ - t:: V'l ~ - - r- = U < [JJ ~ < ~ ..J o V,) < l- V,) ;; 84'OGJ/4'Cl LAIDLAW WASTE SYSTEMS October 24, 1995 lWS-1084 George Krempl Deputy City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 George: After three years of review and research using internal and external resources, it is difficult to understand City Staffs preliminary position regarding the requested adjustment by Laidlaw Waste Systems. We do appreciate your confirmation that tne item will go before Council on November 14, 1995. In your October 18th letter, you requested a response to Item Number 5, regarding our CPI request accordingly to each business contract. Before doing so I would like to confirm our conversation regarding Item Number 2 and the Financial Indicators Report from Hilton, Farnkopf & Hobson. We appreciatp. your concurrence to provide the final written report to Laidlaw upon receipt. . As you know we did provide some language changes to the draft report which were factual in nature rather than opinion. Contractual and other documentation were provided to Bob Hilton of Hilton, Farnkopf & Hobson in our response to support those facts. Specific to item #5 we request CPI adjustments which follow. We believe our request is supported by the industry financial indicators which were provided by your selected waste industry consultant. Please understand that our CPI requests are only to be applied to the Operational Component of our rate. The overall effective rate requests are indicated on the data tables provided. P.O. BOX 967 . Chula Vista, California 91912 · ~')19) 421-9400 · FAX (619) 421-0841 \~~c Recycled Paper George Krempl Deputy City Manager City of Chula Vista Page 2 RATE INCREASE REQUEST: San Diego Area CPI: 1992 1993 1994 2.1 % 2.1 % 2.5% Other Rate Component Overall Effective Rate Impact Total Rate Increase Request: 6.7% 3.2% RESIDENTIAL WASTE CONTRACT FINANCIAL RA TICS SEPT '93-AUG '94 SEPT '94-AUG '95 HFHINDUSTRY 12 MONTHS 12 MONT~S STANDARD Expenst: Ratio 109,8% 107.8% 93.0% OperatinQ Ratio 103.9% 103.4% 91.0% Financial Ratios Adjusted For CPI Rate Increase: PROJECTED RATIO HFH INDUSTRY STANDARD Expense Ratio 104.6% 93.0% OperatinQ Ratio 100.2% 91.0% OVERALL EFFECTIVE RATE INCREASE REQUIRED TO MEET INDUSTRY STANDARD: Expense Ratio Operating Ratio OVERALL EFFECTIVE RATE IMPACT 14.8% 12.4% ..~.. ;/ - // George Krempl Deputy City Manager City of Chura Vista Page 3 RATE INCREASE REQUEST: San Diego Area CPI: 1992 1993 1994 2.1% 2.1% 2.5% Operating Cost Component Overall Effective Rate Impact Total Rate Increase Request: 6.7% 6.3% RESIDENTIAL CURBSIDE RECYCLING CONTRACT FINANCIAL RATIOS SEPT '93-AUG '94 SEPT '94.AUG '95 HFHINDUSTRY 12 MONTHS 12 MONTHS STANDARD Expense Ratio 93.0% 101.5% 93,0% Operating Ratio 83.0% 92,5% 91.0% Financial Ratios Adjusted For CPI Rate Increase: PROJECTED RATIO HFH INDUSTRY STANDARD Expense Ratio 95.2% 93.0% Operating Ratio 86.2% 91.0% OVERALL EFFECTIVE RATE INCREASE REQUIRED TO MEET INDUSTRY STANDARD: Expense Ratio Operating Ratio OVERALL EFFECTIVE RATE IMPACT 8.5% 1.5% l~~~~ .. George Krempl Deputy City Manager City of Chula Vista Page 4 RATE INCREASE REQUEST: San Diego Area CPI: 1994 2.5% Operating Cost Component Overall Effective Rate Impact Total Rate Increase Requested: 2.5% 1.6% RESIDENTIAL YARDWASTE CONTRACT FINANCIAL RA TICS SEPT '93-AUG '94 SEPT '94-AUG '95 HFHINDUSTRY 12 MONTHS 12 MONTHS STANDARD Expense Ratio 250.9% 110.4% 93.0% Operating Ratio 249,0% 104,1 % 91.0% financial Ratios Adjusted for CPI Rate Increase: PROJECTED RATIO HFH INDUSTRY STANDARD Expense Ratio 98.3% 93.0% Operating Ratio 92.0% 91.0% OVERALL EFFECTIVE RATE INCREASE REQUIRED TO MEET INDUSTRY STANDARD: OVERALL EFFECTIVE RATE IMPACT Expense Ratio Operating Ratio 6.9% 2.6% -- ~~~-~-tJ I ',-'- ;,.) _,' .- / -/1' George Krempl Deputy City Manager City of Chula Vista Page 5 RATE INCREASE REQUEST: San Diego Area CPI: 1994 2.5% Operating Cost Component Overall Effective Rate Impact Total Rate Increase Requested: 2.5% 1.4% COMMERCIAL CONTRACT FINANCIAL RATIOS SEPT '93-AUG '94 SEPT '94-AUG '95 HFHINDUSTRY 12 MONTHS 12 MONTHS STANDARD Expense Ratio 91.7% 93.9% 93,0% OperatinQ Ratio 86.5% 90,0% 91,0% Financial Ratios Adjusted For CPI Rate Increase: PROJECTED RATIO HFH INDUSTRY STANDARD Expense Ratio 92,5% 93.0% OperatinQ Ratio 88.6% 91.0% OVERALL EFFECTIVE RATE INCREASE REQUIRED TO MEET INDUSTRY STANDARD: Expense Ratio Operating Ratio OVERALL EFFECTIVE RATE IMPACT (0.9)% 1.0 % ~~B"'~ / / ,,/' --- George Krempl Deputy City Manager City of Chula Vista Page 6 If the CPI request is approved, the monthly residential impact will be 61 ~ per household. A typical commercial customer requiring one (1) - 3 yard container serviced one (1) time per week would be impacted $1.09 per month. Please keep in mind that last July the residential rates were reduced by $7.44 per month and the same commercial customer's rate decreased by $14.56 per month. In addition to our CPI request for Operational Cost Increases, an adjustment is requested for reimbursement of Landfill and Processing Fees. Laidlaw was not fully reimbursed for Landfill Disposal and Yardwaste Processing Costs of $450,679 in 1995 due to higher weights per unit. These are real costs that have been incurred by Laidlaw because of the higher weight of the waste and yardwaste disposed that have not been passed through to the ratepayers. The Landfill and Processing Cost Components of the rates do not reflect the actual weights being disposed. The Franchise Ordinance as revised by Ordinance 2475 of September 3, 1991, suppurts our request for the "pass through" of Laidlaw's actual landfill costs: SECTION 9 Rates for Collection 9.2-1 Contents of Notice of Intention The Notice of Intention shall demonstrate for each type of service (residential, commercial), the existing rate; that portion of said rate charged for the purpose of reimbursina the Grantee for Grantee's landfill costs (Landfill Rate Comoonent)... Our request for reimbursement is borne out by the Council Agenda Statement of July 21, 1992. There, the City Manager noted: DISCUSSION: I. Previous Years' Rate Reviews The procedure for rate review was initially established by ordinance in 1985 and allows for, among other things, a direct pass throuah of landfill cost increases imposed bv the Countv of San Dieao... ~.. '.~:;;.='~ -f-~-~-~ ,/ "..,. //..'-/ - .// ~..-~,/ George Krempl Deputy City Manager City of Chula Vista Page 7 Laidlaw requests that a rate adjustment be made for the unreimbursed 1995 Landfill and Processing Costs. Clearly, the ordinance supports our request that these costs be a direct pass through. In the event Staff or the City Attorney does not support our request for reimbursement of Landfill and Processing Fees, as provided by the ordinance, Laidlaw is then submitting the rate increase request as an extraordinary expense item which is also provided for in the ordinance. The Franchise Ordinance as revised by Ordinance 2475 of September 3, 1991, supports our request for reimbursement. SECTION 9 Rates For Collection 9.2-9 Frequency of Rate Increase Requests ... grantee shall have at any time the right to submit a request to City Council for additional rate relief at any time extraordinary expenses are incurred. Clearly the increasd in weight per unit above the weight provid'?d for with the current Landfill and Processing Rate Components, qualifies as an extraordinary expense incurred by Laidlaw. On September 29, 1995 Laidlaw provided Staff with schedules that identify the Landfill Component billed to the ratepayers in 1995 and the Landfill Fees incurred by Laidlaw in 1995 and com..,are the Landfill Component billing tons per uniVyard to the actual weights per uniVyard for the twelve months ended August 31, 1995. Cost information to support our request for reimbursement of the $450,679 is summarized below: COST INFORMATION RESIDENTIAL CONTRACT LANDFILL FEES NOT PASSED THROUGH: 1995 Landfill Fees Not Passed Through $2,273 In 1995 Laidlaw incurred Landfill Fees of $2,273 that were not 'Passed through"to the ratepayers. The portion of the rate billed to the ratepayers for Landfill Fees in 1995 amounted to $2,778,484 and the Landfill Fees incurred by Laidlaw in 1995 were $2,780,757. The l~:8 -Jlf _// .-; George Krempl Deputy City Manager City of Chula Vista Page 8 landfill Component billed was based on .13600 tons/month per residential unit. The actual 1995 Landfill Fees incurred were .13653 tons/month per residential unit. The weight per unit can vary because of numerous factors such as purchase practices, the economy, and the weather. Landfill Fees of $2,273 were not passed through because the landfill Component portion of the rates billed to the ratepayers was not adjusted based on the actual weight of the Landfill Fees. The Landfill Component was last adjusted based on the actual weight per residential unit in 1991. RESIDENTIAL YARDWASTE CONTRACT PROCESSING FEES NOT PASSED THROUGH: 1995 Processing Fees Not Passed Through: $67,161 In 1995 Laidlaw incurred Yardwaste Processing Fees of $67,161 that were not passed through" to the ratepayers. The portion of the rate billed to the ratepayers for Processing Fees in 1995 amounted to $218,868 and the Processing Fees incurred by Laidlaw in 1995 were $286,030. The Processing Component billed was based on .02559 tons/month per residential unit. The actual 1995 fees incurred were .03344 tons/month per residential unit. Landfill Fees of $67,161 were not passed through because the Processing Cost Component for billing the ratepayers was based on a lower weight per unit. COMMERCIAL CONTRACT lANDFill FEES NOT PASSED THROUGH: 1995 Landfill Fees Not Passed Through $381,245 In 1995 Laidlaw incurred Landfill Fees of $381,245 that were not 'Passed through-to the ratepayers. The portion of the rate billed to the ratepayers for Landfill Fees in 1995 amounted to $2,711,168 and the Landfill Fees incurred by Laidlaw in 1995 were $3,092,413. The Landfill Component billed was based on .04459 tons/per yard. The actual 1995 Landfill Fees incurred were .05089 tons/per yard. The l~-:-'-lS. I / ../f /, / 7' "./..:> George Krempl Deputy City Manager City of Chula Vista Page 9 weight per yard can vary because of numerous factors such as purchase practices, the economy, the weather, and the waste density and compaction. Landfill Fees of $381,245 were not passed through because the Landfill Component portion of the rates billed to the ratepayers was not adjusted based on the actual weight of the Landfill Fees. The Landfill Component was last adjusted based on actual weight per yard in 1991. We hope that logic and reasonableness is applied in granting the pass through request. We don't control the County Landfill system, their rates, or the actual weights of materials disposed of commercially or residentially. We are merely looking to be reimbursed for what we have paid to the County for disposing of the City of Chula Vista waste and for the landfill diversion credits we have returned to the ratepayers - nothing more and nothing less. We hope the same logic and reasonableness is applied in considering the CPI request. We have researched and provided financial information employing a variety of internal and independent external resources. The information must be viewed in its entirety.., not selective compol"ents in isolation, By doing so, a fair and equitable decision can be made. We appreciate being an important part of the Chula Vista community and your service partner. Again, we ask for your careful consideration and support of our business request. Sincerely, ~. tJ~ Ja s L. Weaver ket General Manager Laidlaw Waste Systems, Inc. JLW/mc cc: Daniel P. Higgins, Market Area Controller .R'~L, /~. /1. / c'/ // ,{ ;;- ~// . :=d cu,.... a..,....... LLP. Cl2 ~ "~hol.. (t1t) I25-Z3OO Us ~ CdllrNa ~~ ...... ..'., a2N<<Io .~ J't ft......&m October 25.1994 lAr. Daniel P. JI"'Uim: !rfaEbt Area Comroller Llidlaw Waste S~ IDe. 1364 ~e,IKmt Mesa Boulevard San Dieso. CaliComia 921 t 1 DeIr Mr. ,.rUnl: We have applied the procedures IIDIJDt:l'ated Wow . raped to 1he .u,"bed Schedule or :Return on IuvestmeDt - Oty of' CbuIa VISta CODttBCtS the twelve moatbs eDded August 31, 1994 of Laidlaw Waste Systems. Inc. ("Laidlaw.) prep by the IDIIDIgement or Laidlaw in cmmection with the City of CbuJa VIJta Contracts. Th procedures. which were qreed to by Laidlaw. wa-e performed IOlely to provide additioul iafo 'on ill COanec:tiOD with the contract with the City of Chula VIItL This report is intended lIOl y for your iDformatioo and a.bouJd not be ret"en'ed to or distributed for any purpose to ayone w is DOt. m~ of ~ or a ~e orb parties iDvolved in cletermiDing the A. We compared the amOUDtl on the attICbed Schedule 0 Return on lDYeAement . City ofClula Vista Contr&et to the "City ofCbula VlSta Ccmtracts turn on Jnv~llrent Workpapen. (the ROT Worlcpapen) prepared by manaaemertt ad foUDd to be iD tgreemaIt. B. We obtaiDecl from IDIIDIgement the llOI Workpapcrs r 1bc twelve mOJltbs eaded Au.pst 31. 1994_: ' 1. Tested 1he mathemltic;al ~ oftbe 2. For the moD'thl orNOVIIDber, March, May and L Coatnd Reva.e - We CO"Tared the Return on Javestmeat Worlcpaecn to .1.mtc.p Report- aDd fouDd them to be ill b. Earai.Dp Before llleeme Tases - For cad1 clivilion iDt"1t,ded ill tbe 1101 Workpapen, we ~ other RYaIU mt aU apeases &om the tyItem pneratod iraxDe ..temeDt to the p:aera11 ger . the J Jn~ Report and fouDd '&ban to be in ..-mrnt. We 1ha1 caI d EamiDp Belore meome Ta:DI ad compared 1be UDOUIIIIO tile !lor Wo ad fouDcl them to be in .-.--t :m performms the pocechaes enumerated below, we financial wormation of 1Aid1aw prepared by manag ~ent perIODl"-:L Our procedura aDd fiDdi"l" Ire we pcdozmed the folJowmg: 0UIIlI lilted fbr each dMsion on the paerI1 Iodp:r or T ~;d1aw . the Clllol:IM. ~ L.L.",. ~..., IIIIlIIY ,..,,~. .."...IIm_ I ~ (Ii....rlMlllMl). .1t'6- ";"'J!'J- /5'/ ~._;? ::.; Mr. Daoic1 P. fIjgins Laidlaw Waste SyItemS, IDe. October 25, 1994 Page 2 c. (.'1arTaIt AaetI; AccOPts ~e; peI'ty. ftaDt..d J:q1dp1DCllt; ud OtlIer AsseCs - W. comparod the amouma' on the aOl Workpapen to the consolidated pm:ralled&er orLaidlaw aDd them to be ill ~ 3. W. cliJCUased with maugemeat the methods to IIIip uICtI to the City of Chu1a VISta comractIlDd DOted and pmfonned the rou wing: a. Current Aueta were allocated CD the basis ChJla VISta co~ I'CftDUC to total rwawe. We compared total reveaue the cIMsicmIl ~ It..~ at August 31, 1994 used in the aUocstion compared ChuJa V... rcvaIUC ~ the amoUll1S DOted in procedure B aboYe and than to be ill ~ b. Ar.cOUDb JleceMble were aDocated on ac.tua1 Cbula VIIta accounts nceivlble to ICbJal total accomrts e Car the IDODtbs of Dec:emba' 1993 through May 1994 aDd 1uly 1994 tbrou August 1994. We compared total. ~unt5 receivable to the IWD of the DplAopriate JDOfItlt.. &om !be 1lO1 Workpapen and found 1hcm to be in e:IDIIJt. w. compared QnIla Vasta ~ rcoeivable to the JUm of tile appro riate moaths &CCOUDlf ~le hm a lChedule prepared by management d COl2IrICt receivablcs aad bmd them tobein~. c. Propel1)', Plant, 8DCl Equipmeut C"PP&E.) d Other AJIIta were ~ed based on Chula Vista PP&E and Other Assets total PPct.E and Other Assets at July 31, 1994. We compared Quila VlItI PP aod Otbm AJIets to the total of · tisting prepared by maoagement or Cbula iJta PP&.E and Other Aaet- whic:b 1peci~t'Jltty id",""RM PP&E and Other .ztributlhle to the Ch11a .Vam coati'act and provided for lIlloc:ation of unu DOt IpSCifica1ly attributable to · reveaue source. We compared the total &E and Other AsselI to b un of PfctE aDd Other Asset amouatI Jilted OD ROI Workpapen and found them to bein~. than III audit. tho objective of which arm baDdaI ltaIemema of Laidlaw .. opiniOl1. AdditiaDaUy. we clicl DOt . perbmed on the It.eIum of . OD OD 1he buia of the cebJ1tfiou. tbr,our JJW'POICI. Tbcsc agrccd-upon proccdurca are IUIP.,.;-tty leas in b the ~eaiOD of an opDOIl OIl the CODI01idased IDd CJd ita related catitia. As::t:ordiDrJ.y. we do DOt express Muate the -t'F~~1. of the balil fbr die Jnvestmcut Wolkpapen. ~, we .preIS DO We also make DO repRW'tIltma as to the a4equacy of'tbe ~.-&,. ~ //1' /.; , . I I u,/ G" Mr. Dani.elP. HiWnll LaidlawWaste S~ lDe. October 25, 1994 Pile 3 ' Bu~ on the application of the proccchua I~l~ to ""aM Ul1D beIieYe that the 8CCOI'Dp&DYiDs Sd1edu.1e or Vasta ContracU requires adjustment. Had we performed .. audit of ClODJOlidated and separate An.nr.i.t accordaDce with pnera1I)' accepted auditing Itmdards. attcnUon that would have ~ reported to you. This report is iate:Dded to1cly far the iaf'OrmaUOD and of the ~ of Laidllw in connection 'With the City of Cbl1la vista ContractllDd Ibo d DOt be used for fIIri other purpose. DOthing (AIDe to our ~inn that on IDvestmeI1t - City of Cbula . .onal procecIureI or bad we made of Laidlaw and ill related III~ in matterI JDiabt haw ClOJD8 to our Very tndy JQUfI. ~i L.L f , lG_~"l.A / ,. / ,; -l,~:.L1 /7 -._x/ LAIDLAW WASTE SYS SCHEDULE OF RETURN ON crrY or CBULA VISTA For the Twelve MoDtbI :Ended Retmn em ~"utPlf!nt (Net JDcomcIAvaIIC Aucta) Net IDCOf"O .. a Pa'ceDta8e oFlleYawe t~%:e~ s,INC /} ('"_I --'<:< .J.Z% .lJ.% TOTFL P. ff7 CD J:ULTON'FAl\Nl(OPF.. HOBSON AdviI<XY S\:MCIS to Co: t-CUl\k~1 M~ fR1nnnt ~1I't a.n.ch ,"SO Civic CcDttr 1)rIvc. Sulte 100 mmnnt, Califcrmla 94$)8.2331 1i:lcphocw: 510l71B270 ftx. 510/71,).]294 October 25, 1995 Mr. George ICrempl Deputy Oty Manager City of Chula VISta Office of the Oty Manager 276 Fourth Ave. Clu1a Vista, California 91910 Solid Waste FlnandallncUcators OQar Mr. Krempl: In ac:cordance with our agreement, HUton Famkopf . Hobson (HF&H) is pleased to pmsent this final report to the City of Chula Vista (City). la("~und The Oty entered a Waste Management Franchise Agreement (Agreement) with Laidlaw:ndustries (Company) to provide refuse collection and dispoSal and recycling services to residents and businesses in the City through the year 2001. In exchange for providing these services, conducting a new operating service facility and performing in accordance with the terms and conditions of the Agreement, the Compar'Y charges customers at rateS determined by the City Council. . The Council sets rates in accordanoe with the Agreement. The Agreement disaggregates the rates into the following three components; Landfill Rate Component; Franchise Fee Rate Component; and, Other Rate Component. The Landfill Rate Component is adjusted in accordance with the change in the landiJl1 gate rate since the last time rates were adjusted. 'l1le Franchise Fee Rate Ccnnponent is adjusted in accordance with the actual change in franchise fees since the last time rates were adjusted. The Other Rate CompoX'ent is adjusted in accordance with the change in the San Diego Consumer Price Index for aU urban customers &ince the la8t time rates were adjusted. However, the Other Rate Component adjustment is not to exceed 6%, unless a public hearing regarding the greateMhan-6% rate increase is conducted by the City Council. ~ 0..... ~ j' /./.- -'Jc'j' '7 .:7"", ./ e HILTON FARNKOPF" HOBSON Mr. George Krempl October 25, 1995 Page 2 The City staff and Council have expressed concern that the rate adjustment method contained in the Agreement does not: . Document the Company's performance; . Provide a method for monitoring the Company's performance over time; or, . Allow the City to compare the Company's performance to other similar companies. For this reason, the City and the Company engaged HF&H, through a competitive procurement process, to identify financial indicators that would allow the City to document, monitor and compare the Company's performance to other similar companies. Initially, HF&H proposed a broader scope of work at significantly higher fees to perform the engagement. After discussions with and direction from the City and Company staff, the scope of work was reduced to that described below in order to more co~t-effectively achieve the City's objectives. Approach and Limitations The procedures used in this analysis were the result of discussions with City and Company staff. HF&H performed the following tasks related to the achieve~ent of the Cities objectiv~: Task 1: Review background documents, identify alternative financial indicators (based on our prior experience from similar engagements) and document the advantages and disadvantages related to each indicator. Obtain industry data regarding other company's performance regarding these indicators and receive from the Company its calculation of these indicators. Task 2: Meet with City and Company staff to discuss the results of Task 1 and review the materials for presentation to the City Council. Task 3: Attend a Oty Council meeting to present the recommended indicators and respond to questions. As with any approach, these procedures are '" ..cyctea \..1 papo' t.i' ~~'d-. / /1 :j' /1 e HILTONFARNKOPF & HOBSON Mr. George Krempl October 25, 1995 Page 3 As with any approach, these procedures are limited. The most significant limitations are: . The Oty staff were responsible for definirlg the City's objectives for the engagement and approving the scope of work. . The City and Company staff were responsible for providing HF&H with all relevant background documents and information. (HF&H did not perform any independent verification of the information provided by the City and Company staff.) . No procedures have been developed to adjust rates based on the findings and conclusions resulting from the analysis of the indicators. . Financial indicators are helpful in understanding the results of operations for a particular company. Also, they can be useful in developing insightful questions regarding a company's operations. By themselves, financial indicators cannot be conclusive with regard to whether specific rates are inadequate, adequate or more than adequate. Findinp and Des~tion To be useful to the City, financial indicators have to be readily available for the refuse industry, on a consistent basis, from an independent source. On the basis of discussions with City and Company staff and our own knowledge, we found that no San Diego-specific or California-specific financial indicator data has been or is anticipated to be consistently available from an independent source. We did fmd ,. that an annual publication of nation-wide data has been and is anticipated to be readily available from the independent firm of Robert Monis and Associates. We found that two primary and three subsidiary financial indicators reported by Robert Monis & Associates would best achieve the City's objectives of comparing the Company's performance to companies of similar size in the refuse industry, and to evaluating the Company's management effectiveness regarding matters that directly affect the rates paid by the City's residents and businesses. These financial indicators relate to the: -~:t~~ I ~-,_;;;/ 8' HILTON FARNKOPF & HOBSON Mr. George Krempl October 25, 1995 Page 4 . Management of expenses; . Management of assets; and, . Management of debt. Other financial indicators are available from Robert Morris and Associates. However, they measure more specific indicators of performance (e.g., sales/working capital). While these indicators may be useful for more detailed analyses, we believe that the reporting of fewer indicators which are more representative of management's overall performance would be more useful on a routine basis. The primary indicators are: . Expense Ratio: This ratio measures a firm's ability to manage total expenses in relation to its sales. A high ratio can mean either the management of expenses is ineffective or prices for services are too low. A low ratio can mean either the management of expenses is effective or prices for services are too high. . Return on Assets: This ratio measures a firm's rate of return on assets it employs in the provision of service. A high return can men either an effective use of capital or an under-capitalized operation. A low return can mean either an ineffective use of capital or an over-capitalized operation. In order to help interpret the results of these two primary indicators, we recommend that the City also evaluate three subsidiary indicators. The subsidiary indicators are: . Operating Ratio: This ratio measures a firm's ability to manage operating expenses in relation to sales. A high ratio can mean either an ineffective management of operating expenses or rates are too low. A low ratio can mean an effective management of operating expenses or rates are too high. . Sales on Assets Ratio: This ratio measures an operations ability to generate sales in relation to total assets. When comparing companies within an industry: the higher the ratio, the more effectively capital is used; the lower the ratio, the less effectively capital is used. ft ~..,:". cyc...,\..1.p....~' -~ - / '._~- '- e HILTON FARNKOPF" HOBSON Mr. George Krempl October 25, 1995 Page 5 . Debt to Worth Ratio: This ratio expresses the relationship between capital contributed by creditors and that contributed by owners. When comparing companies with an industry: the higher the ratio, the greater the risk assumed by creditors and the lower the firm's debt capacity; the lower the ratio, the greater the risk assumed by the owners and the greater the firm's debt capacity. By using the subsidiary indicators, the results of the analysis of the primary indicators can become clearer. For example, if the Expense Ratio is relatively high the City can determine whether this results from an ineffective management of operating expenses or assets. As another example, if the Return on Assets ratio is relatively low the City can determine whether the Company has relatively too many assets (low Sales to Assets ratio) or has too much debt (a relatively high Debt to Worth ratio). Data Results <Intex:pretations an~ Comparison) The following table compares the ratios for the Company to those of other companies in the industry. PRIMARY RA T1OS.<d <COMP ANyt...L .......... ." ... <INDUSTRy2 .... ........ Expense Ratio 98.1% 93% Return on Assets 2.9% 13.7%/7.0%/2.6% . SUBSIDIARY RATIOS .... ~... . ........ . i> ......:. ...... Opera ting Ratio 94.5% 91.0% Sales on Assets 1.6 22/1."//1.0 Debt/Worth Not Currently Available .9/21/5.7 Conclusions On the basis of the comparison of the Company's financial indicators to those of other comparable companies in the industry, the following conclusions appear appropriate. 1 Reported by Laidlaw Waste Systems Inc., for the 12 months ending August 1994. 2 Robert Morris Associates, Annual Statement Studies - Refuse Systems' 103 companies with $2-$10 million in assets. Where available upper quartile (best perfonning 25% of companies reporting), median quartile (half of thf companies reporting perform better, while half do not perform as well),;md lower quartile m'lt) of _'Ompanies reportin~ ~rform better) results'ilJ'e reported. ~ ..tYC..OOPlpe. / y.- ~r? .f'""; .-: ,..L, --'---....-j e lUlTON FARNKOPF & HOBSON Mr. George Krempl October 25, 1995 Page 6 . Because its Expense and Operating ratios are relatively high, the Company's rates are either too low or it is relatively less effective in managing its operating expenses. . Because its Return on Assets ratio falls between the median and lower quartile, either the Company's rates are too low or it is relatively less effective in managing its assets. However, because the Sales on Assets ratio is close to the median of companies in the industry, capital appears to be effectively managed. We believe these indicators can be used by the City to: . Help determine whether a rate adjustment may be necessary to bring the Company in-line with the profitabihty of other refuse companies of similar size; . Help identify whether the apparent cause for such an adjustment relates to operations, capital investment or debt management; and, . Help to focus the evaluation of the Company's application for rate adjustment on the key areas that may be driving the apparent need for the rate adjustment. HF&H appreciates this opportunity to be of service to the City and Company and look forward to the presentation of this matter to the City Council. Very truly yours, ~Jl~ Robert D. Hilton, CMC Managing Partner cc: Jim Weaver, Laidlaw Industries Dan Higgins, Laidlaw Industries \ ~~~di~ ~cyc"o? pipe' / RESOLUTION NO. / tJ"/ I J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 2.5% INCREASE IN THE OPERATING COST RATE COMPONENT FOR THE RESIDENTIAL YARDWASTE CONTRACT, EFFECTIVE JULY 1, 1995 WHEREAS, on June 27, 1995 the City Council approved a comprehensive set of changes to the solid waste and recycling rates; and WHEREAS, said changes amounted to a significant decrease in rates following a successive number of increases in prior years due to the County increasing tipping fees at the landfill; and WHEREAS, at the June hearing Laidlaw requested, but was not granted, a 2.5% Consumer Price Index adjustment to the operational cost portion of the waste and recycling rates; and WHEREAS, the request was referred back to staff for further review and analysis; and WHEREAS, after a public hearing on November 14, 1995, staff recommends that Council: Deny Laidlaw's request for rate increases in the operating cost rate component for the Residential, Residential Recycling and Commercial Contracts. Deny Laidlaw's request to be reimbursed for unrecovered 'landfill costs, and direct staff to evaluate whether there is adequate justification to recommend an amendment to the Waste Management Ordinance to allow Laidlaw to recover all landfill costs in the future. Approve Laidlaw's request for a 2.5% increase in the operating cost rate component for the Residential Yardwaste Contract effective July 1, 1995. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve a 2.5% increase in the operating cost rate component for the Residential Yardwaste Contract, effective July 1, 1995. Presented by /~ Bruce M. Attorney as Robert W. Powell, Director of Finance C:\rs\yardwaste,inc ffC~o /.:-/ - ,3 ~ '1'H15 PAGE BLANK J$C- .k:? Minutes November 14, 1995 Page 5 IS.A. REPORT RATE SETTING: FINANCIAL INDICATORS FOR SOLID WASTE - Earlier this year in cooperation with Laidlaw, the City entered into a contract with a consultant, Hilton Farnkoph and Hobson, to develop solid waste financial indicators. The objective of the study is an attempt to develop financial benchmarks to assist in the rate setting review of any cost increase proposals made by Laidlaw. Staff recommends Council accept the report and direct staff to continue to monitor and track the indicator changes over time and advise Council as part of any future rate setting hearings, (Deputy City Manager Krempl and Director of Finance) (Related item but not part of the public hearing), B. PUBLIC HEARING CONSIDERATION OF RATE ADJUSTMENT REGARDING THE CONSUMER PRICE INDEX (CPI) FOR COLLECTION AND DISPOSAL OF REFUSE, RESIDENTIAL CURBSIDE AND Y ARDW ASTE RECYCLING - On 6/27/95, Council approved a comprehensive set of changes to the solid waste and recycling rates. The changes amounted to a significant decrease in rates following a successive number of increases in prior years due to the County increasing tipping fees at the landfill. At the June hearing, Laidlaw requested, but was not granted, a 2.5 % CPI adjustment to the operational portion of the waste and recycling rates. The request was forwarded back to staff for further review and analysis. Staff recommends approval of the resolution. (Deputy City Manager and Director of Finance) C. RESOLUTION 18113 APPROVING A 2.5% INCREASE IN THE OPERATING COST RATE COMPOl'l'ENT FOR THE RESIDENTIAL Y ARDW ASTE CONTRACT, EFFECTIVE JULY 1, 1995 George Krempl, Deputy City Manager, stated the financial indicators were an effort on the City's part, in working with Laidlaw, to try to see if the rate setting process could be made easier and more straight forward in future years. The indicators were not a panacea or an automatic indicator for changing rates up or do'Wll. They provided benchmarks and additional information which staff fdt when taken into consideration with history, comparisons with other cities, cost analysis, and the indicators as a package helped staff to get a better picture. Staff felt the cost information would be key for the proposed increase as well as future increases. . Bob Hilton, Principal, Hilton Farnkoph & Hobson, financial consultants, reviewed the rate setting financial indicators, i.e. the objectives, primary/subsidiary ratios, and obs...-vations, Mr. Krempl stated in June the rates were readjusted on a comprehensive basis due to a combination of the elimination of the county surcharge. the lowering of the county tip fee, and adjustments to the recycling programs due to success of the programs, At that time Laidlaw requested a 2 1/2 % across the board CPI increase for all their contracts and it was referred back to staff to analyze and review the cost data, During that process Laidlaw amended their request to 6.7% increase on residential and residential recycling and 2 1/2 % on yard waste and commercial. Staff recommended a rate adjustment for the residential yardwaste contract but did not recommend an increase on the other three contracts, Robert Powell, Director of Finance, reviewed the analysis and conclusions. Laidlaw also raised the issue of recovering their entire costs of the landfill processing costs (tipping fees). Staff recommended that they be directed to further study that request with Laidlaw and return to Council with recommendations. Staff considered that totally separate from the operating cost issue. He felt that issue would take and additional 1-2 months. This being the time and place as advertised, the public hearing was declared open. Councilmember Padilla referred to the residential and residential recycling components and requested clarification on the statement "Categories for which they had received inadequate justification or information...." and the mechanism for combining or "netting" the cost increase against the cost decrease in both categories in arriving at the fmal conclusion. Mr. Powell responded the cost categories and Support Services (overhead) justification provided under residential recycling showed a $1 increase, but the written justification and data for the $1 increase justified that they had decreased costs in the area. Staff did not receive any justification for a $1 increase. Council member Padilla questioned what specifically was missing, Mr. Powell responded that staff was looking for an explanation of what costs had increased in that category. All information received indicated decreased costs in that category. Under the residential contract Laidlaw showed an operating cost decrease of $67,000 and residential recycling operating costs increase of $74,000. Since the amounts were so close i>laff fdt they should be looked at together and considered a "wash" ::' the present time. Council member Moot stated staff had determined that the contract permitted a CPI increase only if Laidlaw demonstrated their costs had gone up, He ljuestioned if that was based on actual language in the contract. Minutes November 14, 1995 Page 6 Mr. Powell responded that Section 8,23.090 of the Municipal Code dealt with the Rate Modification Procedure. Two sections later also stated "The proportion of modification to the other rate component shall be limited by the proportion of change since the grantees last increase in the San Diego area CPI for all urban consumers for the latest twelve month period.... ". The first section indicated that they had to have satisfactory justification for the rate increase and the second limited it to the CPI increase in the area. Mr. Krempl stated staff's interpretation was that the CPI increase set a cap that could not be exceeded but the CPI adjustment could be from zero up to the cap based upon the information provided. Prior Council direction was to have staff analyze the information provided by Laidlaw rather than an automatic pass-through or increase. Council member Moot clarified that it was really past Council direction that superimposed a criteria to demonstrate an actual increase in operating costs. Mr. Krempl stated that was correct along with the language read by Mr. Powell. Council member Alevy questioned if it was the assumption that either the billing rates were too low or that the company was less than effective in managing their operating expenses. Mr. Krempl responded that was correct. Mr, Alevy referred to the survey of other cities in the county and noted Chula Vista was paying $2,01 less than the next highest rate. Mr. Krempl stated the survey information was helpful but noted that some cities had higher residential rates but lower commercial rates. He felt they needed to be looked at in combination, In terms of the ordinance and the CPI increase, the focus was on the operating cost component and the change in that component. It was staff's conclusion that the operating costs were the same or had been reduced and there was no justification for tne CPI increase. There could be other reasons for increases which had ~n illuded to with the landfill equity issue and pass throughs. In tenns of the operating component and CPI it stated staff shall look at the operating cost change. Staff had done that and only recommended ~:,e component that changed and increased. The City's rates should be lower than some of the other cities in the county due to the location of a landfill within the City limits which resulted in a shorter haul distance. Those speaking in support of the increase for Laidlaw due to the community services provided, commitment by Jim Weaver and all Laidlaw employees to the City, and trash services provided were: . W. Scott Mosher, 909 Loma View, Chula Vista, CA, Executive Director, Boys and Girls Club of Chula Vista. . Tina Williams read a letter of support from Pam Smith, Director, Chula Vista Social Security Office. . Tina Williams, 50 Fourth Avenue, Chula Vista, CA, Executive Director, YMCA, . Rod Davis, 46 Center Street, Chula Vista, CA. . Emerald Randolph, P.O. Box 17, Jamul, CA, Citizens Adversity Support Team (CAST). . Brad Wilson, 249 "E" Street, Chula Vista, CA. . Jim Weaver, 881 Energy Way, Chula Vista, CA. representing Laidlaw Waste Systems. hoped that after three years of research utilizing internal and external resources that Laidlaw would receive Council support of their CPl adjustment for 1992, 1993, and 1994. The CPI request was reasonable, In comparing their financial indicators it showed that Laidlaw was far below industry standards and below levels of reasonableness. He referred to the section of "Findings and Descriptions" which stated the expense ratio if high meant that either the management of expenses was ineffective or the price levels were too low. It also stated that a high operating ratio could mean either ineffective management of operating expenses or that rates were too low. The evidence clarified that the latter was true, the rates were too low. Laidlaw had controlled expenses and decreased operational costs year over year. He hoped the City realized that was a positive signal that they were trying to do everything possible to provide the lowest costs possible to the citizens and businesses. Chula Vista had the lowest residential rate in the county and the seventh lowest commercial rate. Even by supporting their request Chula Vista would continue to retain the lowest residential rates. A reason given to not support the request was that Laidlaw had not demonstrated that their costs had not increased year over year but had decreased. As the service provider he was disappointed in the message. A CPI should not be based on demonstrating that they had made their costs go up. They felt their role was to control their expenses and drive them down. While costs had been controlled they had experienced real increases in their role of providing services. Fuel prices had increased by 13 % since 1992, tire prices increased 40 %, containers increased 20 %, container lids had increased 5,7 %. postage stamp rates increased 10%, SDG&E rates increased 24 %. etc. Mayor Horton questioned what costs had gone Jown k; the company, / / , . Minutes November 14, 1995 Page 7 Mr. Weaver responded that they had gained savings through operational improvements, i.e. downsizing from two to one driver on specific routes, reduction of service days for commercial accounts which resulted in frequency, consolidation of stops on routes which allowed them to park trucks, etc. They looked for opportunities daily in order to keep their costs down. It had been a long and extensive process over the last three years. He requested Council consideration to the detail of the information, their commitment to the community, and assurance that the City would continue to receive some of the lowest commercial and residential rates in the county. They had the ability to control their business costs but did not have the ability to control their revenue. He requested Council support of their CPI request. In their communication to staff they requested reimbursement of landfill rates paid on behalf of commercial and residential customers, i.e. $450,679 in 1995 alone. It was an ongoing issue and had been reviewed and documented with staff for over a four year period. Staffs request for further review was unfair and unnecessary. Laidlaw was asking to be reimbursed for dollars they had already spent. The contract was providing an adjustment equal to the percentage change in the gate rate. That did not allow for reimbursement of all expenses and in some cases could even allow Laidlaw to be over compensated. Laidlaw believed that it was Council's intent that the landfill portion of the rate be a pass-through as it was a rate imposed by a third party which neither Laidlaw or the City controlled. A landfill adjustment should be revenue neutral, they were merely revenue collectors for the county. Laidlaw sbould not benefit or lose from the investment. The problem was tbat the weight based formula was from 1991, but the average rate per household and per yard had gone up since 1991 and as a result Laidlaw had not recovered the fees they had paid to the county. Councilmember Moot questioned how Laidlaw proposed being reimbursed the $450,000 pass-through. Mr. Weaver presented a chart which included rate increase for 6 months, 12 months, and 18 months. . Dan Higgins, 881 Energy Way, Chula Vista, CA" representing Laidlaw Waste Systems, stated they had identified the variances for unreimbursed landfill costs, i.e. residential $2,300; residential yard waste $67,000; and commercial $381,000, They had identified a number of different scenarios per unit or per commercial yard based on the total amount not reimbursed to Laidlaw over the last 12 months over billing cycles of 2 to 18 months. Councilmember Moot questioned if the material had been provided to staff for input. Mr. Powell responded that staff had seen the dollar amounts but had not seen the breakdown and options presented. Under the yard waste component, as of July 1, there was a 32C increase per month for processing costs. He was unsure as to how that related to what was being presented. Mr. Higgins stated the processing cost rate was changed effective July I but that only meant that they did not expect a deficiency in 1996. The residential and commercial contracts land till costs had not been adjusted for landfill rates. Therefore, Laidlaw could realize the same deficiencies in the landtill cost components if no action was taken. There being no further public testimony, the public hearing was declared closed. Council member Rindone stated it was a difficult decision. He felt the City had made considerable progress which benefited the rate payers. He was proud the City was the lowest in residential rates for the county. He stated Laidlaw was the outstanding corporate citizen for Chula Vista and they would continue to be whether or not the increase was passed. Laidlaw had been given a franchise, i.e. a regulated monopoly until 2001 and for that the Council had the responsibility to ensure that the rate payers received the best rates. The key was, .was there a reasonable rate of return" not whether they were a good corporate citizen, whether they reduced operating costs, or whether it was reasonable to raise the CPI. He was disappointed in that he had not seen the question answered anywhere in the report. Council needed an answer to that specitic policy issue as Council had the responsibility to protect the rate payers. He supported the staff recommendation to provide a full pass-through of landfill costs when the final figure had been determined. Councilmember Moot stated it was his understanding that the unreimbursed landfill processing costs were a result of an increase in the tipping fee. Mr. Powell responded that was incorrect. It was caused by a factor of the weight of per unit pick-ups being higher than estimated and what the rate had been based on. It was not based on increases in the actual tipping fees, those had been passed through. Councilmember Alevy stated the CPI had increased a cumulative a 6.7% over the past three years and questioned if there was verbiage in the agreement with Laidlaw that tied their rate to the CPI. Mr. Krempl responded that it was through the ordinance. The ordinance allowed for an annual in, 'ease up to the CPI to be approved as an increase, it did not require it. ;"/7 Minutes November 14, 1995 Page 8 Councilmember Alevy stated no matter where anyone went within the City for a public event Laidlaw was always there as a sponsor. If Laidlaw added up the actual costs of employees. time, goods and services he felt their philanthropic budget would be well into six figures. He felt it was a shame that a strong contributor to the community was put into a position where they would have to say "no" once in awhile. Council was to protect the interest of the rate payers but they were also to look at all the facts and to consider the business. If the City told one of the top corporate citizens that they appreciated them and then refused to help them he did not feel Council was doing their duty. National City and Imperial Beach were both close to the landfill and their rates were several dollars higher than Chula Vista per month. He felt the City was questioning some things that should be granted. He supported granting their request as the rate would still be about $1.40 less than the next highest residential rate and well under the average for commercial rates. He supported Laidlaw's request and a 12 months repayment of the pass-throughs. Councilmember Padilla requested a response to the staff commentary regarding lack of justification and "netting". Mr. Higgins responded that data had been supplied to City staff and it was the first time they had heard that the data regarding support services had been inadequate. They had identified a number of items that had been increased that were proportioned to the residential contract, i.e. property cost increased, receipt of payments at their facility and as a result bank armory service, thefts and vandalism on the property in Otay Valley and as a result security service, property utility increase, direct cost of invoicing, postal rates, and wages for support personnel. Councilmember Padilla questioned if Laidlaw was disputing the conclusion of staff regarding residential recycling, but did not dispute straight residential support service costs, Mr. Higgins responded that they disputed it in terms of support provided because they identified cost increases. In terms of "netting" between the two contracts, several years ago Laidlaw had been unable to identify what their financial indicators were for all contract operations. Council had requested that they supply those numbers, so two years ago they set out to identify specifically all of their costs and revenues for each of their contracts. They had done that for 24-28 months. In terms of spreading the two or mixing them it had been very hard to separate the costs and they really did not relate. Councilmember Padilla questioned what the time line would be to provide the information requested to the satisfaction of staff and clearing up any communication problems as to what was satisfactory and what was not. In reviewing the staff report it showed, especially as regard to residential yard waste, the operating cost rate component for that particular piece that showed there was an increase and Council was ready to move forward on that. He was under the assumption that the landfill pass-through costs were related to the increase in the tipping fee. The staff report indicated that Laidlaw did incur costs in excess of what had been collected by the rate payers for the rate component even though the tipping fee had not been increased. He questioned if it was reasonable to ask a private operator whether those changing factors should be accounted for by the operator. He further questioned if those should not be factored into the cost of doing business in private enterprise. Mr, Higgins responded in 1991 when the landfill rate components were set they were set by looking at what the actual landfill tons per unit. Their history had not been reviewed over the past three years, With the increase in landfill costs being SO significant commercial customers condensed their trash making it heavier which increased their landfill costs. Therefore, the weight per unit had increased. Councilmember Padilla stated it was not an issue of whether Laidlaw was a good corporate neighbor. He felt those things did factor into how the City did business with Laidlaw and how c:ffective communications were between the City and Laidlaw. There were parameters that were clear as to what Council should look at prior to a rate increase. In a competitive market place. when costs were reduced and the product price was increased to the consumer. he did not feel they could stay competitive. Laidlaw did have an exclusive agreement, i.e. monopoly, and for those reasons Council had oversight for the rate payers. The mechanisms to gauge the request were in place and where an increase could be justified, under the existing system, there would be recommendations to increase those rates. Where that was not demonstrated it was reasonable to expect that the increases would not be granted. He did not have a problem in examining the landfill pass-through but did have concerns on what that was based on and whether the rate payers should be responsible for all or part of that. In the case of the 2,5 % increase on the yard waste contract that it had been demonstrated. He also felt it was clear that the other requests were not demonstrated. Mayor Horton questioned how much revenue would be generated with a 1 % CPI increase. Cl'l1ncilmember Moot questioned when the last CPI increase was grant...~. Mr. Weaver responded that it was in July 1992. $50,000 would be the revenues generated with a 1% CPI increase on the non-landfill portion of the rate, Minutes November 14, 1995 Page 9 Councilmember Moot stated it was the second hearing on the issue he had participated in and his position was the same as it was at the last hearing. He was not part of the Council when the directive was given to staff that tied a demonstration in increase in actual costs to be granted a CPI increase. He respected prior Councils but he disagreed with the policy. He did not feel in every instance to get a CPI increase they should have to establish that their costs had gone up. He felt that provided a disincentive to cut costs and provide better selVices. He was impressed as a rate payer with the selVices provided by Laidlaw. In reducing costs they had been able to provide better selVices. The policy did not make any sense to him. A CPI increase should not be should not be automatic every year but, they should not have to increase their costs in order to receive a CPI increase. Therefore, he supported Laidlaw's CPI request. Council member Rindone stated the direction of Council when the initial request came from Laidlaw was not that they could not have the CPI increase unless they demonstrated an increase in costs, The direction was to have staff provide reasonable assurance that Laidlaw did not have an unreasonable rate of return. No member of the Council was advocating that there be a punitive effort on Laidlaw because they were improving efficiency of selVices or because they decreased operational costs. The reassurance by staff had not been received. It was a regulated monopoly and it was the Council's cbarge to protect the rate payers. MS (Rindone/Padilla) to approve the staff recommendation, page 18B-l, approving Resolution 18113, direct staff, if necessary, to process and ordinance so full processing costs could be passed through if appropriate. Mayor Horton stated tbe motion denied the request for the reimbursement for the unrecovered landfill costs at the present time. Council could approve reimbursing the landfill costs and direct staff to return with a mechanism to move forward. Mr. Powell responded that Council could do that. He hoped Council would not approve the amount presents but direct staff to verify the amounts. Councilmember Rindone stated he would accept that as a friendly amendment if the Mayor would agree to a report to Council for information. Mayor Horton requested that Council member Moot clarify his comments. Council member Moot stated he was talking ahout a 2,5 % across the board which was what Laidlaw had asked for at the previous hearing, The resolution proposed a 2.5 % increase on only one of the contracts. He did not support the resolution, Market forces drove a business like Laidlaw, For Council to try to detennine their reasonable rate of return and make adjustments accordingly was a calculation more suited to other economies and not the one that operated in our country, VOTE ON MOTION: motion failed 2-3 with Horton, Alevy, and 1\100t opposed. MOTION: (Alevy) to approve at 2.5% increase for the operating cost component for residential, residential recycling, and commercial; approve at 2.5% increase for operating cost component for residential yard waste contract; and approve Laidlaw's request, pending verification of the figures, and subsequent report back to Council on the unreimbursed landfill processing costs. Mayor Horton stated it was difficult to put into the equation the contributions that Laidlaw had provided the community, but she knew without a doubt that they ranked at the top of being a good corporate citizen and that somewhere down the line the taxpayers would have to pay for some of the selVices Laidlaw provided. She did not feel Laidlaw was a monopoly as they provided the best selVice for the lowest price. With the motion they would still be providing the best selVice for the lowest price, Therefore, she supported the motion. Councilmember Rindone fdt all of the Council supported Laidlaw and that had never been the issue. The motion was a change in the policy direction of the Council in trying to adhere to the best public interest for all rate payers the COlJncil represented. It was in effect a pass-through of 2,5 % and allowed a corporation to be a benevolent monopoly. It was a pass-through of a new tax and Council had not done due diligence to ensure that it was in the best public interest. Laidlaw needed to be responsive to the direction of the Council. He would not support the pass-through of a new tax that would raise the rates, Council member Moot stated it was not a tax, There was a contract provision in an arms h:ngth negotiated contract with a business the City did business with. TIlt:: contract provision provided for a CPI increase which was part of a contractual term. The City held the upper hand on the contractual term hut it was not a tax but a contract provision. Laidlaw had been denied the increase for the last three years and during that time Laidlaw had cut their costs, improved their selVices, and had been i good corporate citizen. At a certain point the City needed to reward /y ~ -~/ Minutes November 14, 1995 Page 10 the people they did business with. To refer to it as a tax was being unfair to Laidlaw and to Council. Council was looking at a contractual term and stating that they felt it appropriate to grant it, nothing more or less. Council member Padilla felt people had different perspectives on what was appropriate. Everyone should be allowed to have opinions and have them be equally valid whether or not others agreed with them, The question was not the structure of the agreement but whether or not they had met the criteria that Council had set. Not everyone would agree as to whether or not that was met. When there were increased costs to business those were passed through to the consumer, but it appeared that when there was a decrease in costs the Council did not want to pass those through to the consumer. In the free market place open competition would force that to be the case. They did not have that with Laidlaw because there was not open competition between providers. In that case the Council was not doing their job because that was their charge. Therefore, he would not support the motion. Mr. Boogaard stated staff needed to know the amortization period the costs would be recovered over and staff assumed the motion was an amendment to the resolution. Councilmember Alevy stated he had not included an amortization period as part of the motion but he was comfortable with 12 months unless Council preferred to include as part of the verification process that staff make a recommendation regarding the amortization period. CLARIFICATION OF MOTION: (Alevy) Council would allow the request for the landfill processing costs upon staff verification of the figures as well as recommending an amorti7.ation period. Mr. Powell stated it was his understanding that the motion approved a 2.5 % increase in the operating cost component for the basic residential, residential recycling, and the yard waste component. Councilmember Moot stated it was his understanding that staff would analyze the unreimbursed landfill processing costs and bring that back to Council with no preconceived indication by the Council as to what they would do at that time. His intent was to pass the resolution expanded to include a 2.5 % increase across the board and have staff bring back the issue of the unreimbursed landfill processing costs for Council review. Mr. Boogaard stated there were three components to the fee, He clarified that the motion would grant a 2,5 % increase to all four contracts in the operating component of the fee. The actual unreimbursed landfill costs were subject to verification with staff returning with a proposal for rate increase along with the necessary ordinance modification to amortize the unreimbursed landfill cost over a 12 month period to allow it's recovery in all four contracts. Mr. Powell stated there was not a landfill rate component in all four contracts, The recycling contract did not have that so it would not apply. Mayor Horton stated it would cover commercial and residential rates. Mr. Krempl stated it was his understanding that the amortization period was left open, VOTE ON MOTION: approved 3-2 with Padilla and Rindone opposed. * * * Council recessed at 8:47 p.m. and reconvened at 9;00 p.m. * * * 19. Pl1BLlC HEARING PCC-90-25Mj REQUEST FOR FIVE YEAR EXTENSION TO AN EXISTING COr-,'DITIONAL USE PERMIT FOR AN R V STORAGE YARD AT 1375 BROADWAY, WITHIN THE S-94 ZONE - BROADWAY PALOMAR RV STORAGE - The request is for a five year extension of an existing Conditional Use Permit which authorizes a recreational vehicle storage yard at 1375 Broadway. Additionally, the applicant is requesting the deletion of a condition to the original permit which requires payment of a parks in-lieu fee to the City. Staff recommends the puhlic hearinl! he continued to 11/21/95. (Director of Planning) MSUC (Horton/ Alevy) to continue the public hearing to the meeting of 11/21/95. ORAL COM!\1UNICATIONS None / / PRESENTED BY LAIDLAW AT 11/14/95 MEETING. CITY OF CHULA VISTA . // J)/ UNREIMBURSED LANDFILL/PROCESSING COSTS nLE:LnJloo'llEM U-t4-9S RESIDENTIAL UNREIMBURSED LANDFILL COSTS $2,273 RESIDENTIAL UNITS 28.500 UNREIMBURSED LANDFILL COSTS PER UNIT $0.080 MONTHLY BILLING PER RESI UNIT: BILLED OVER TWO MONTH CYCLE BILLED OVER SIX MONTHS BILLED OVER TWELVE MONTHS BILLED OVER EIGHTEEN MONTHS $0.040 $0.013 $0.007 $0.004 I RESI Y ARDWASTE UNREIMBURSED PROCESSING COSTS $67,161 RESIDENTIAL UNITS 28.500 UNREIMBURSED PROCESSING COSTS PER UNIT $2.357 MONTHLY BILLING PER RESI UNIT: BILLED OVER TWO MONTH CYCLE BILLED OVER SIX MONTHS BILLED OVER TWELVE MONTHS BILLED OVER EIGHTEEN MONTHS $1 .178 $0.393 $ 0.196 $0.131 COMMERCIAL UNREIMBURSED LANDFILL COSTS $381,245 COMMERCIAL YARDS (12 MOS AVG @ 8/31/951 84.458 UNREIMBURSED LANDFILL COSTS PER YARD $4.514 MONTHLY BILLING PER YARD: BILLED OVER TWO MONTHS BILLED OVER SIX MONTHS BILLED OVER EIGHT MONTHS BILLED OVER TWELVE MONTHS BILLED OVER EIGHTEEN MONTHS $2.257 $0.752 $0.564 $0.376 $0.251 PRESENTED BY LAIDLAW AT 11/14/95 MEETING. DISPOSAL PASS-THROUGH CALCULATION SAMPLE MODEL Sample assumptions - . Residential Service . Monthly Rate - $10.00 . Monthly Average Weight Per Household · 100 Ibs . Disposal Rate - $43.00 I ton 1. Sample Rate Components . Landfill Rate Component............ $ 2.lS $43.00/ton + 2000 Ibs = .021St lib .0215t x 100 Ibs - $2.15 . Other Rate Component............... $.-1.J2 S10.00 - $2.15 -= $7.85 . Total Monthly Rate .................... $10.00 II. Assume landfill rate increases by 10% from $43.00 to $47.30 . If the monthly average weight per household also decreases to 90 Ibs the landfill component will be . $.47.301 ton + 2000 Ibs = .0237t lib .0237 )( 90 lbs = ......................... $-2.JJ. If the monthly average weight per household increases to ttO Ibs the Landfill component will be . $47.30 I ton", 2000 Ibs - .0237t lib .0237)( 110 Ibs = ....................... S..k6l . . .r _........,................. .,..........- ,'t ,..,. f NOV-13-1995 14:47 91% P.02 PRESENTED BY LAIDLAW AT 11/14/95 MEETING. Ill. Original Base Rate Components Landfill Rate COmponent............... S 2.15 Other. ........... .............. ................... S~ Total......... ...... .......... ................. .... $10.00 Landfill 10% increaseS 2.1S + .21S~ = 2.37 Other ............................................. S 7.85 New Rate..... ..... ........ ..................... $10.22 . If weight household decreased to 90 IbsJ no increase would be in order as the actual disposal cost per household went from $2.15 to $2.13. A .02t credit would be in order. . If the average weight per household increased to 110 Ibs a greater increase is necessary to reimbmse for the actual disposal cost incurred by Laidlaw as the actual disposal component would increase to 52.61 versus the new component of only 52.37. IV. Recommendation . Our recommendation has always been to do as the contract is intended and only PASS TIlROUGH the actual disposal cost. We believe that Laidlaw should not benefit or suffer because of a mandated increase imposed by a third party which neither Laidlaw << the City controls. NOV-13-1995 14:48 91% P.03 /) ./ /~ ./// CHULA VISTA RATE ANALYSIS Total Residential Rate Commercial Rate (Single Family) (1 - 3 yd /1 time per week) 6/30/95 Rate $19.85 $91.35 7/1/95 Rate $12.41 $76.79 1/1/96 Approved Rate (Cpr Adj) $12.93 $78.97 1/1/96 Proposed Rate (L/F Adj) $13.10 $91.64 7/1/96 Resulting Rate* $12.85 $86.64 1/1/97 Resulting Rate* $12.65 $81. 76 * These rates do not reflect potential adjustments for Landfill, CPI and Residential Recycling Participation Total Residential Rate $19.85 $- ~2 ~ I1l ;::::0:: <D1:l 0l>2 ~ n. I1l :::: n. 0:: ~< <0 ci. <IJ ~2ro ~o..O:: OJ co .~ ... (i) =:: OJ ~ ::J ~ ~ II> co t::::vO:: 0:: OJ r-- .~ i< m =:: a.> ~::J~ ~ II> I1l ::::cvo:: 0:: .,. $20 $15 $10 $5 Commercial Rate $95 $90 $85 $80 $75 $70 $65 LJ) Ol <IJ oro ~O:: <D $91.64 <D1:l ~ -5.. ~ :::: n. 0:: ~< $ g- 2 ::;:: l- ro :;;::a..n: <D g>. ;. 0l:2<IJ ::::~ro t:::: QJ 0:: 0:: OJ r-...... .S ... Q) ~ Q) ~::J~ ~ II> I1l ~QJO:: 0:: / Lj -'~7 COUNCIL AGENDA STATEMENT Item j <;. () Meeting Date 12/19/95 ITEM TITLE: Public Hearing: PCM-96-07; Consideration of Amendments to the EastLake Greens Sectional Planning Area (SPA) Plan Public Facilities Financing Plan. Resolution I 8' / ~, r Approving Amendments to the EastLake Greens Public Facilities Financing Plan component of the EastLake Greens Sectional Planning Area (SPA) Plan. :./. ,:l SUBMITTED BY: Director of Planning '~: REVIEWED BY: City Manag~ p.;~\ (4/5ths Vote: Yes_No ~ On December 12, 1995, the City Counc{rJconsidered an application submitted by EastLake requesting amendments to the EastLake II General Development Plan (EastLake I Expansion), EastLake Greens Sectional Planning Area (SPA) Plan, Planned Community District Regulations, Air Quality Improvement Plan, Water Conservation Plan and Public Facilities Financing Plan (PFFP). The City Council, after hearing staff's presentation and public testimony, approved the proposed amendments with the exception of the Public Facilities Financing Plan Amendment. Consideration of this portion of the GDP and SPA Amendments was continued to the December 19, 1995 regular City Council Meeting. The Public Facilities Financing Plan Amendment involves minor statistical and project phasing changes in addition to new language reinstating EastLake's previous agreement to construct a previously deferred community center and bond $700,000 for that facility (see Attachment 4). The Environmental Review Coordinator has determined that no new or supplemental EIR is necessary and has prepared an addendum to FSEIR-86-04 (B), EastLake Greens, which has been previously considered by the City Council (see Attachment 5). BOARDS/COMMISSIONS RECOMMENDATION: On November 29, 1995, the Planning Commission voted 6-0 to recommend that the City Council approve the proposed amendments to the EastLake II (EastLake I Expansion) General Development Plan and EastLake Greens Sectional Planning Area (SPA) Plan, including the Public Facilities Financing Plan, in accordance with resolution PCM -96-07. 'L:;./ /J" I J- /7 c,. ...."1. Page 2, Item I .::;. /"1. Meeting Date 12/19/95 RECOMMENDA TION: That the City Council adopt the attached resolution approvlllg the proposal based on the findings contained therein. DISCUSSION: The EastLake Greens Planned Community is located on the south side of Otay Lakes Road between Hunte Parkway and the future alignment of the SR-125 Freeway (see Locator/ Exhibit A). The SPA consists of approximately 830 acres and is planned for 2738 dwelling units in addition to commercial and public quasi-public land uses. The Public Facilities Financing Plan (PFFP) Amendment involves minor statistical and project phasing changes, and includes new language reinstating EastLake's previous agreement to construct a previously deferred community center and bond $700,000 for that facility (see Attachment 4). The background, staffs rationale and justification for the new language in the PFFP and the Applicant's position with regard to this issue are addressed in the attached report from Parks and Recreation Department CONCLUSION As a result of the amendments to the EastLake II (EastLake I Expansion) General Development Plan and EastLake Greens SPA, minor statistical changes to the EastLake Greens Air Quality Improvement Plan and Water Conservation Plan have been incorporated to reflect updated project data and maintain the SPA internal consistency. Without an amended PFFP the SPA would be internally inconsistent and would affect the Tentative Subdivision Map scheduled to be considered following this item (PCS-96-02) and future Tentative and Final Subdivision Maps presently being processed. For this reason, staff recommends that the PPFP be approved as presented. FISCAL IMP ACT: The applicant has paid for all costs associated with the processing of these amendments. Attachments 1. Council Resolutions Exhibits Planning Commission Minutes and Rcsolutions Public Facilities Financing Plan FSEIR-86-04(B) Addendum Disclosure Statement ^I ... 3. 4. 5 6. c ,//::..< RESOLUTION /<g)~'1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMI-:NTS TO THE EASTLAKE GREENS PUBLIC COMPONENT OF THE EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA) PLAN I. RECITALS A. Project Site WHEREAS, the properties which the subject matter of this resolution are diagrammatically represented in Exhibit A attached hereto and incorporated by this reference, identified as the EastLake Greens SPA Plan Area, ("Project Site"); and, B. Project; Application for Discretionary Approval WH EREAS, on September 29, 1995, the EastLake Development Company ("Developer") filed applications for an amendment to the EastLake Greens Sectional Planning Area Plan ("SPA") Document No. C094-184 on file in the office of the City Clerk, including the Public Facilities Financing Plan component of the SPA, on file in the office of the City Clerk ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of 1) a General Development Plan, EastLake II (EastLake I Expansion) previously approved by City Council Resolution No. 15198 ("GDP"); 2) the EastLake Greens Sectional Planning Area Plan, previously adoptee! by City Council Resolution No. 15199; (SPA), all approved on July ] 8. ]989; ancl, 3) an Air Quality Improvement Plan (EastLake Cireens Air Quality Improvement Plan) and 4) a Water Conservation Plan (EastLake Greens Water Conservation Plan) and Public Facilities Financing Plan (EastLake Greens Public Facilities Financing Plan). all previously approved by the City Council on November 24, 1992, by Resolution No. 16898 and amended on December 12, 1995 by Resolution No 18159 and Ordinance No. 2658; and, D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said project on November 29, 1995, and voted to recommend that the City Council approve the Project, based upon the findings listed below. /~'5 ~ / E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on December 12, 1995, on the Discretionary Approval Applications, received the recommendations of the Planning Commission, and heard public testimony with regard to same; and, WHEREAS, the City Council continued the public hearing on the Public Facilities Financing Component of the SPA to December 19, 1995. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: 11. PLANNIN(j COM!\1ISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on November 29, 1995, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COrv1PLIANCE WITH CEQA The Environmental Review Coordinator has determined that no new supplemental EIR is necessary and has prepared an addendum the FSEIR-86-04 (B), EastLake Greens, which must be considered by the City Council prior to a decision on this project. IV. INDEPENDENT JUDCjF:f\lENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgment, the addendum to EIR-86-04 in the form presented has been preparecl in accordance 'kith the requirements of the California Environmental Quality Act, the State \:1 R Guidelines and the Environmental Review Procedures of the City of Chula Vista and does hereby adopts the same. V. SPA FINDINCS A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY V/lTH THE EASTLAKE II (EASTLAKE I EXPANSION) CjENERAL DEVELOPMENT PLAN AND THE CHULA VISTA (jENERAL PLAN. The amended E.astLake Greens Sectional Planning Area (SPA) Plan Public Facil i ties Fi nancing renects land use, circulation system, and public facilities that are consistent with the EastLake II (EastLake I Expansion) General Development Plan and the Chula Vista General Plan. /~~rcJ B. THE EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOL VED SECTIONAL PLANNING AREA The Public Facilities Financing Plan as amended is consistent with the amended phasing of internal and external infrastructure and consistent with the EastLake II (EastLake I Expansion) General Development Plan, Air Quality Improvement Plan, and Water Conservation Plan and will therefore, promote the orderly sequentialized development of the involved Sectional Planning Area. C. THE EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA) PLAN AS AMENDED WILL NOT ADVERSEL Y AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULA TION, OR ENVIRONMENTAL QUALITY. The land uses within the EastLake Greens SPA area represent the same uses approved by the EastLake II (EastLake I Expansion) General Development Plan and will not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVER-ALL DESIGN FOR THE PURPOSE INTENDED; THA T THE DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUST AINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The amendments do not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL , RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FORM SUCH DEVELOPMENT The proposed amendments do not involve recreational or other similar proj ects F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. /.. t(/;'. ? /1/ ..---' ~ The amendments do not involve changes to the existing circulation system. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMIC ALL Y AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The amendments do not involve areas planned for commercial uses. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The amendments are consistent with the previously approved plans and regulations applicable to surrounding areas and therefore, said development can be planned and zoned in coordination and substantial compatibility with said development. I. ADOPTION OF EASTLAKE GREENS PUBLIC FACILITIES FINANCING PLAN. In light of the findings above, the amended EastLake Greens Public Facilities Financing Plan is hereby approved and adopted in the form presented and attached as Exhibit A. VI. INVALIDITY ; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term provision and conditions herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by / ! I . ,'" ) \.: ~,{". < \",. I .. . r(~\. Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney / c;--~ l' /;7-5 ( _r\llllOy ~ EASTI.N<E BUSINESS ~R PROJECT LOCATION '--.- \\ \ . U Lower Ol8y ReseNoir . EXHIBIT A CHULA VISTA PLANNING DEPARTMENT LOCATOR PROJECT EASTLAKE DESCRII'IION, ~ APPUCANT, DEVELOPMENT CO. Miscellaneous: PROJECT EastJake Greens RoqUMt: To amend the EaUake a_no SPA (SeclIonal Planning ADDRESS, Area> end the PFFP (pub6c Fecilltlea Financing PIIIn). SCALf, FlU NUMBER< NORTH No Scale PCM - 95 - 11 /!i-b RESOLUTION NO. PCM-96-07 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE AMENDMENTS TO THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA) PLAN, PLANNED COMMUNITY DISTRICT REGULATIONS, AIR QUALITY IMPROVEMENT PLAJI,I, WATER CONSERVATION PLAN AND PUBLIC FACILITIES FINANCING PLAN. WHEREAS, applications for amendments to the EastLake II (EastLake I Expansion) General Development Plan (GDP), EastLake Greens Sectional Planning Area (SPA), Planned Community District Regulations, EastLake Greens Air Quality Improvement Plan, Water Conservation and Public Facilities Financing Plan ("Project") were f1Ied with the City of Chula Vista Planning Department on September 12, 1995, by EastLake Development Company (Developer); and, WHEREAS, the propose GDP and SPA Plan Amendments consist of relocating two neighborhood park sites (Parcels P-3 and P-5), expanding the area available for community purpose facilities (PQ), adjusting land use designation boundaries, transferring densities and designating Parcel R-26 for low income housing in accordance with the recently adopted EastLake Affordable Housing ~"rogram and EastLake Greens Affordable Housing Agreement; and, WHEREAS, the Plannirg Director set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by it publication in a newspaper of general circulation in the City and its mailing to property owners within 1,000 ft. of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the Environmental Review Coordinator has determined that no new or supplemental EIR is necessary, and has prepared an addendum to FSEIR-86-04 (B), EastLake Greens, which must be consider by the Planning Commission prior to a decision on this project. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION DOES hereby find that the addendum FSEIR-86-04 (B), EastLake Greens, has been prepared in accordance with the requirements of the California Environmental Quality Act, the State EIR guidelines and the Environmental Review Procedures of the City of Chula Vista. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached draft City Council Ordinance and Resolution approving the project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City Council /5 - f PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this November 29, 1995 by the following vote, to wit: AYES: Commissioners Davis, Ray, Salas, Tarantino, Thomas, Willett. NOES: ABSENT: Chair Tuchscher A TIEST: John C. Ray V ice-Chairman Nancy Ripley, Secretary m:\home\planning\luis\PCM-9607.RES ! Excerpt from Draft Planning Commission Minutes of 11/29/95 ITEM 3. PUBLIC HEARING: PCM-96-07; CONSIDERATION OF AMENDMENTS TO THE EASTLAKE II GENERAL DEVELOPMENT PLAN (EASTLAKE I EXTENSION), EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA), PLANNED COMMUNITY DISTRICT REGULATIONS, AIR QUALITY IMPROVEMENT PLAN, WATER CONSERVATION PLAN AND PUBLIC FACILITIES FINANCING PLAN Acting Senior Planner Hernandez presented the staff report. Commissioner Salas questioned the number of dwelling units per acre. Mr. Hernandez stated that the Medium High density ranges from 11 to 18 units per acre. This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. MS (Willett/Thomas) to adopt Resolution PCM-96-07 recommending that the City Council approve the proposal in accordance with the draft City Council Resolution and Ordinance based on the findings and subject to the conditions contained therein. Vice Chair Ray noted that the usable acreage was 1.37 because of the existing water tank and acreage designated as an easement. Mr. Hernandez concurred. Assistant Planning Director Lee stated that the easement could potentially be used for parking; it was not entirely wasted. Mr. Hernandez had pointed out that the net usable acres complied with the City standard. Commissioner Salas stated that property currently being planned as part of the Otay Ranch project west of SR-125 may require the extension of Palomar Road to connect to EastLake Parkway between the parcels. She asked if that was being coordinated between the two developers. Mr. Lee replied that it was being coordinated and was a very significant issue because of the importance of crossing the freeway. Baldwin recognized that because of the location of the high school and the library, not having the crossing at that location would force the people on the west side of the freeway to go to Telegraph Canyon Road or Orange Avenue. Staff felt the crossing was very important and EastLake had concurred with that. VOTE: 6-0 (Chair Tuchscher excused) to approve. ATTACHMENT 4 PUBLIC FACILITIES FINANCING PLAN EASTLAKE GREENS PUBLIC FACILITIES FINANCING PLAN 11/17/95 Strikeout/Redline Draft Text Rcmo'lcd/'JITe~~::lagit EastLakc South Greens (Phascs 1, 2, and 3) Amcndmcnt SlJRISPA::mUan:Anienumenl ....................................-....................-........ ................... ........ .........................-..... ............................................ .... ........... - -.. ...................... . ........................ Approved By: Chula Vista City Council Octobcr 17, 1995 Prepared by: JAY KNIEP LAND PLANNING (916)-541-1817 ! REVISION RECORD: (19!17!9~fll~ifil) #1 10/17/95 Comprehensive revision/update to reflect completion of EastLake North Greens and revised phasing for EastLake South Greens. 1I::::::!::::::I:::::::::t:::I:I:!!::::::!::::::!I:::::!:::!:I::::::::::j!::::::::::::::::UJif.it.9.8i::::::mi:::::mlllllll::J1J.iU:::iUiilBt ................................................ .......llflll.lll.lllll.rl..J. plR:::lt7~~............................................................................... ....-..-..................... i -; CITY OF CHULA VISTA PUBLIC FACILITIES FINANCING PLAN -EASTLAKE GREENS- TABLE OF CONTENTS CHAPTER Page I. Introduction A. Background and Regulatory Context. . . . . . . . . . . . . . .. I B. Purpose................................. 2 C. Key Assumptions ........................... 3 D. Consistency............................... 3 E. Regulation of Development . . . . . . . . . . . . . . . . . . . . . 7 II. Public Facilities and Infrastructure Requirements for Future Development A. Needed Facilities ........................... 9 B. Summary of ~li:Wl%:Iprojects .................. 27 C. ~li'::~.:projcciPhaslng...................... 40 D. Summary of Costs to Buildout .................. 42 m. Public Facilities Phasing and Requirements for Development A. ~IIJiA.:(EastLake Greens, Project Phasing .......... 43 B. Phasing Program for Regional Facilities ............ 43 C. Phasing Program for Parkland .................. 44 IV. Public Facilities and Infrastructure Financing A. Overview............................... 45 B. Review of Financing Programs Available and in Place in Plan Area . . . . . . . . . . . . . . . . . . . .. 46 V. Implementation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 (19/17!9~f!!:!:k(f.~) ii - / // TABLE OF CONTENTS (continued) FIGURES Page 1. Vicinity Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Project Components. . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. EastLake North/South Greens. . . . . . . . . . . . . . . . . . . . 6 TABLES l~. J!;~~~~~~!~;,!!i:i::iiIiI~i::::~::::::~:::i::~:::I~:i::i~:i:i::~::::::~:::::~:::::~::iiii~ii::i~iiii:~:::i:~:Iiii~::::::~:::I~~Iii~:i:iI~iI:::i:i:!=~ ;!-4:. Improved Parkland Phasing . . . . . . . . . . . . . . . . . . .. 44 EXHIBITS A. Circulation Plan . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 B. Domestic Water Plan. . . . . . . . . . . . . . . . . . . . . . .. 12 C. Reclaimed Water Plan ....................... 14 D. Wastewater Plan. . . . . . . . . . . . . . . . . . . . . . . . . .. 17 E. Stormwater Plan. . . . . . . . . . . . . . . . . . . . . . . . . .. 18 F. Parks Plan .............................. 23 G. Trails Plan .............................. 24 MAPS 1. North Greens Improvements ................... 29 2. North Greens Improvements (cont'd) .............. 30 3. South Greens Improvements-Phase 1 .............. 32 4. South Greens Improvements-Phase 2 .............. 35 5. South Greens Improvements-Phase 3 .............. 37 6. EastLake Greens Regio8al,BflB Improvements . . . . . .. 39 7. EastLake Greens Phasingd:d~.d:d. . . . . . . . . . . . . . . .. 41 (19/ 17 /9jl:~l!1lgJ) iii CHAPTER I INTRODUCTION A. BACKGROUND and REGULATORY CONTEXT This Public Facilities Financing Plan ("PFFpIt) is a required element of the Planned Community District Regulations adopted for the EastLake Planned Community. More specifically, the District Regulations require that a Public Facilities Financing Plan be approved by the City of Chula Vista prior to or concurrent with the adoption of a Sectional Planning Area ("SPA") Plan for an area within the EastLake Planned Community. Figures 1 and 2 are a Vicinity Map and a Project Component Map, respectively, illustrating the location of the project in the City of Chula Vista and as part of the Eastern Territories of the City of Chula Vista (that area generally easterly of Interstate 805). On February 19, 1985, a Public Facilities Financing Plan for the initial development phase of the EastLake Planned Community, known as EastLake I, was adopted by the City Council of the City of Chula Vista as an element of the related SPA document. SPA #1 is EastLake I (EastLake Hills and EastLake Shores) and SPA #2 is EastLake Greens. This document is intended to address public facility needs associated with the EastLake Greens SPA Plan ~~II g. .. This document includes revisions to the PFFP originally prepared when the EastLake Greens Sectional Planning Area (SPA) Plan was approved in 1989. Since that time, development has progressed in the northern portion of the SPA and numerous public facility improvements have been made both on- and off-site. These revisions update the original PFFP and addresses only those facilities which remain to be constructed in conjunction with development within the southern portion of the EastLake Greens SPA (EastLake South Greens). This PFFP update also reflects the minor amendment to the EastLake Greens SPA Plan (Figure 3) and related project plans approved by the City Council on August 16, 1994 .:::::g::::lllfllli:jiit.j:~:ill9.1 iPii\iil:j:iiI:H::::1:i:::::::::::II:;r;:IIIII::iJ:i::i:t:I. .......................................................................... Since 1989, the city of Chula Vista has developed a comprehensive approach to addressing new development and the impacts it places on public facilities and services. What was previously a project-by-project approach to facilities improvement and financing has become a comprehensive city-wide policy. The original EastLake Greens PFFP incorporated several project specific phasing and financing programs. These have since been replaced by the comprehensive city-wide program which is utilized in this revised PFFP. The adoption of the Growth Management Program and Implementing Ordinance (No. 2448) in May 1991 formalized a comprehensive system to manage growth in the city of Chula Vista. This system implements the Growth Management Element of the General Plan by directing and coordinating future growth in order to guarantee the timely provision of new or expanded public facilities and services to serve new development. (10/17/9S:UUi(f!) 1 A key component of the Growth Management Program are the "threshold standards" used by the City to evaluate the adequacy of public facilities and services. City Council Resolution No. 13346 approved threshold standards for eleven public facilities and services. The original eleven categories, traffic, police, fire/EMS, schools, libraries, parks and recreation, water, sewer, drainage, air quality, and fiscal impact, were subsequently augmented by adding civic facilities and corporation yard. The condition of each of these facility/service systems is reviewed annually by the City's Growth Management Oversight Commission (GMOC) which makes recommendations to the City Council regarding compliance with the threshold standards. Should the thresholds be violated, the City Council shall take appropriate action to ameliorate the situation by requiring facility/service improvement or restricting new development. As noted above, the original EastLake Greens PFFP was adopted in 1989. Previous to that, in 1985, a PFFP for the initial development in the EastLake Planned Community, EastLake I (Hills and Shores neighborhoods), was approved (see Figure 2). The project sequencing in this EastLake Greens PFFP (beginning with project #53, as listed in the Summary of Projects beginning on pg. 267) is a continuation of that from the EastLake I PFFP (which ended with project #52). B. PURPOSE The purpose of the Public Facilities Financing Plan is to implement the City's Growth Management Program and to meet the General Plan goals and objectives, specifically those of the Growth Management Element. The Growth Management Program ensures that development occurs only when the necessary public facilities and services exist or are provided concurrent with the demands of new development. The Growth Management Program requires that a PFFP be prepared for every new development project which requires either SPA Plan or tentative map approval. Regarding required public facilities, the Public Facility Financing Plan identifies a preliminary cost estimate for each improvement as well as funding sources appropriate for the type of public facility involved. The Public Facilities Financing Plan is intended to be a dynamic and flexible document. The goal of the Financing Plan is to assure adequate levels of service are achieved for all public facilities impacted by the project. It is understood that assumed growth projections and related public facility needs are subject to a number of external factors such as the state of the economy, the City's future land use approval decisions, etc. It is also understood that the funding sources specified herein may change due to financing programs available in the future or requirements of either state or federal law. It is intended that revisions to cost estimates and funding pro- grams be handled as administrative revisions, whereas revisions to the facilities-driven growth phases are to be accomplished through a Public Facilities Financing Plan update process, as set forth herein. (101 17 19S:~:~!~~tm:$) 2' - / c. KEY ASSUMPTIONS There are a number of key assumptions implicit to this Public Facilities Financing Plan. The assumptions playa major part in determining public facility needs, the timing of those needs and the staging of growth corresponding to the various facilities. Key land use and phasing assumptions can be summarized as follows: 1. EastLake I SPA (SPA #1) and EastLake Greens SPA (SPA #2) are initial development phases of the 3,200+ acre EastLake Planned Community to be developed within the city of Chula Vista. Future development will be implemented in phases generally consistent with the information utilized in the City's Transportation Phasing Plan. The EastLake Planned Community is subject to future land use approvals and growth management decisions by the various jurisdictions involved, such as the City's Growth Management Program. 2. Land use allocation and intensity of development will be regulated by the EastLake Planned Community (PC) General Development Plan, PC Distri~t~~~lllati()Ils, and the EastLake Greens SPA Plan as amended on August 16, 1994 ili9!!i:miii:rm:m!iiiimiimimii::ii:mim. D. CONSISTENCY The provisions of the Public Facilities Financing Plan are, to the extent practical, consistent with and reinforce certain other public documents. More specifically, consistency with the following documents has been addressed in the context of this Public Facilities Financing Plan: 1. The PFFP adopted for the EastLake I SPA development and the originally adopted PFFP for EastLake Greens SPA. It is also consistent with the improvement projects previously completed or under construction as a part of the EastLake Planned Community. 2. The EastLake Greens Environmental Impact Report and subsequent CEQA documents prepared for plan amendments. The various mitigation measures pertaining to public facilities which remain to be constructed within the EastLake Greens SPA are incorporated in the projects herein. 3. The PFFPs prepared for other eastern Chula Vista projects. Consistency with these documents is with respect to area-wide facility plans and obligations. 4. The Chula Vista Growth Management Program including the thresholds standards, as described above in Section A. 5. The city of Chula Vista Development Impact Fee (DIF) programs. (1 0/17 /9S:Ut~!f=i~) J Rancho Same Fe " \ Poway\ \ + I I :+ I , o ~ EASTLAKE I ~ , EASTlAKE GREENS I c ! I NO SCALE " ~~ \ '" o ~ o VICINITY MAP FIGURE 1 WI LLDANI SIMPSON +-'Cf) 0........ Q)e .~ Q) ")c -0 LLo.. 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(D= .. f u c >- ~. ~~~~~~~~~~~~~~~ ~~~~ ~ ccU')U)U')V).".,....--------______ ___~.,,_ ~~oooo6~~~~~~~~~~~~~~~ .~~~~o~ :e-< llooooooooaoooooo~~~~~ ~~~~~o~ (ij~~ ~ .. C -. . O-N(,)"'~Cl)"'COOlO~C\l(,).~Cl)"'CO ii m3~-~('I')...U')co.....com----------NNNNNNNNN -_0 \J = ~ ti;ci:ci:ci:ci:cCci:ci:ci:ci:.ci:ci:ci:ci:ci:.ci:ci:ci:ci:ci:ci:ci:ci:ci:ci:ci:ci:ci: 'en n.z .a ID ~ 0: .~.2 - ~~~~ ~~ g~OI1llllllll C ~n.n. n~~~~n. g S~~_0n.OjO~"'...."'. ~ C==2>->-O OOOOOUOOO~"'~ "'::>::> ~~~ ~€0I010101010101 ~ 00 -ilS ~a-oQ.Q.Q.Q.Q.Q.Q. 0 ",_ 0 c 0(/)(/)0000. aQ~.E ~ ~.cccccccO~ OI-=~ ~a~~.~!.!",_O a~~~~o~~~~&oogog&~~ . - .. as:;) :;::0'0 Cc IDOl -o..J -iii - ~ __N -N(")...,.:'CO,... "'''.,1:) I I I ...... _I . I . . . . . 0:"" u E 00";'"'~";'"'~'?'r~0000000 , li::> n.l1.00a..a..a..l1.n.OOOOOOO C n.z o Z o a.. -.. u, o u, o ::> U co t') " C\I EJ' '-I~!~ C '2;\ \J.....]~ Q..< '0 r . jj o C\I01 c.;:a ,; 1M ! IQ) f:s f .Ql IlL f o III C\I c.; It) co J I ~~f j! '& 2~ i I~ J Jt 1 II ~ i i i! t J ; j ~ 0 I .Ii: I iii ;2 - (J C1l '0 ... a.. LIJ 1Il .c; ~ ~zI~ 't1.L.l~ ~I.L.I ~~ Iil~ ~ ~<.!) ~.-I E. REGULA TION of DEVELOPMENT As referenced above, this Public Facilities Financing Plan is intended to serve as the basis for reviewing public facility requirements associated with localized development phasing and, thereby, provide a means to insure that public facilities are installed in a timely manner. With this in mind, a series of development "phases" have been keyed to specific public facility improvement projects such that public facility improvement sequence and related funding assurances can be paced with growth within EastLake Greens and other nearby projects. For each public facility identified, a certain status of implementation is specified for threshold monitoring purposes. Generally speaking, public facilities located on-site and off-site must be "committed" in the manner specified herein in a particular phase or increment of development prior to building permits being issued for a subsequent phase. When "Commitment" of required improvements necessitates condemnation of land off-site of EastLake Greens, the obligation to start construction may be waived if improvement plans are finalized for approval, a condemnation proceeding has been initiated and estimated funds for right-of-way acquisition and construction have been deposited with the City in the form of cash, bonds, a letter of credit or other acceptable form of financial guarantee. Obligations to governmental entities other than the City (e.g., school district) will be considered "committed" when the obligation has been satisfied as evidenced in writing from the entity. In some instances, substitution of improvements may be appropriate. Where substitution is contemplated, the threshold standards of the Growth Management Program will be used as the basis for determining the acceptability of such substitution. Substitutions will be initiated only upon written request to the Director of Public Works. Before exceeding cumulative levels of development for any threshold standard, the required improvements of the threshold must be committed to the satisfaction of the Director of Public Works. The Director of Public Works shall have the ability to select from any of the following options prior to building permits being issued for a subsequent phase: 1. Improvements must be completed or open to public use, whichever first occurs or, 2. Improvement must be subject to an awarded construction contract by a governmental agency or, 3. Improvement must be committed by an agreement with the City which shall include, but not be limited to, all of the following requirements to the satisfaction of the Director of Public Works: a. All discretionary permits must be obtained for construction of the improvement; ( 10/17.'95:~Jl~im~)1- b. Plans for the construction of the improvement must have all necessary governmental approvals; c. Adequate funds (i.e., letter of credit, cash deposit, or performance bond) must be available such that the City can construct the improvement if either construction has not commenced within 30 days of issuance of a notice to proceed by the Director of Public Works, or construction is not progressing towards completion in a manner considered reasonable to the Director of Public Works. (10/17!9S:~Jltfm$) g -/ -J e''' CHAPTER II PUBLIC FACILITIES AND INFRASTRUCTURE REOUIREMENTS FOR FUTURE DEVELOPMENT This chapter describes the public facilities required to support the development of the EastLake Greens (SPA #2) as well as identifying the public facilities required to support the cumulative development of EastLake and other properties in the Eastern Territories, pursuant to the Growth Management Program. A. NEEDED FACILITIES Transportation The public street system serving the project area is the responsibility of the Chula Vista Public Works Department, except for County roads adjacent to the project area. Transportation system projects required to support ultimate development of SPA #2, as well as adjacent areas, are identified in the Traffic Analysis for EastLake Expansion, dated September 26, 1988, as prepared for the City of Chula Vista by Willdan Associates, and subsequent similar studies for nearby projects. The Traffic Analysis was performed in the context of Environmental Impact Report preparation and, as a result, identifies measures necessary to mitigate transportation system impacts associated with EastLake Greens (SPA #2) and EastLake Trails. The transportation projects necessary to accommodate phased build-out of SPA #2, are of two basic types: 1. Those facilities that provide for circulation within SPA #2 and which primarily benefit the EastLake development. Circulation system components of this type yet to be constructed include collector roads and local residential streets. These improvements will be constructed to the ultimate City standards in accordance with Subdivision Map Act exactions keyed, via tentative tract map conditions, to the recordation of specific subdivision maps. (See Circulation Plan Exhibit A). 2. Those facilities that are necessary for SPA #2 development but which provide area- wide circulation benefits to other eastern area developments as well, as identified in the Eastern Area Transportation DIP program. Circulation system components of this type which are yet to be constructed consist of major and prime arterials (i.e., Hunte Parkway and East Orange Avenue). Regarding streets and highways of area-wide benefit, the City Council has recognized the necessity for a Development Impact Fee (DIF) to provide a funding source for road projects of regional significance in the area east of Interstate 805. The Eastern Area Transportation DIF was established initially for the EastLake area only in 1988 and subsequently converted to include the entire Eastern Territories. EastLake's SPA #1 and SPA #2 have been included (10/17!9511r~Z~~) 9 : ~/ --, . '" E ' <ell! ~ ii ._, OOO~ c '~a. \J'-.!l.i c..~ . -gt ..- ..JJ c o ~ JQ::l ~ q a: o Ii: s.:.. 10 10 0<:" 1I. . .! i I :~ f ~ i; i~ I ~! Q I:: '- Q ~&&. . ct .~__._~:. ~ ~ .. ~p III ~ ~~ -..: -:I ~ t . ! ~ l! =; t .. ~-- = ~" Is 1 :; . p ~: ~; .: a : <( . ; ...... ! :0 . .- . ..c ~ X : W ; " ; 10 ! j ! I" ~! ~: ..", !~ h 0:. ii: i; ~ o ..: " 1 ! . . 10:1 'C I 10 ;, 'I: .. ii i. f: sf .; f i! I i . w W \\ \' \' \ .. . I .f . '. 1: ' 1 / ( 01 I Ju i WUl ~~ ~Z i~- Sl:Hn ~~< Ul<.!) ;:i5 ~ -_J'" _ -'::::--, . // , d/ t; '~ , ...... .// --- ./ --- ". " /. . -' , ./"-,/ /;,..-' // //// l/~ / /-.:.. u. HI ...... within the area of benefit for the existing Transportation DIF. As such, development within the SPA's will be responsible for Transportation DIF payments. The obligation toward DIF program participation can be met in two ways, either by payment of the fees in effect to the City of Chula Vista at the time building permits are issued or through the construction of qualified DIF related projects. The former allows construction of required facilities by the City of Chula Vista when sufficient monies have been collected or on a pay-as- you go basis, while the latter allows the developer to construct the facility when needed in exchange for a credit toward DIF obligations. Should a developer's cost to construct a DIF project exceed the developer's fee obligation, reimbursement will be made as future fees are collected by the City. The exact basis for reimbursement may be set by a future, separate agreement, to be entered into between the City and developer specifying how the developer will be reimbursed by those projects benefitting from the construction of DIF projects but who do not contribute to their completion. Such an agreement will, among other things, specify the maximum amount of DIF credit to be granted, consistent with the method of determining DIF fees and reimbursements due under such calculation, if any. In addition to the Eastern Area Transportation DIF, the City has established a DIF program to finance interim improvements within the SR-125 corridor, known as the Interim SR 125 DIF. The EastLake South Greens project is included in this program and will be required to pay the fees in effect at the time building permits are issued. SPA #2, will be required to participate in two levels of traffic signal improvements. The traffic signals planned within the boundaries of SPA #2, are considered the sole benefit of SPA #2. The new traffic generated by the development will also have an impact on the need for citywide signals and signal upgrades. All development within the SPA #2 areas would also be liable for payment of the current Traffic Signal Fee in effect at the time of building permit issuance. Water Both SPA #1 and SPA #2 are located within the boundaries of the Otay Water District (OWD), which is responsible for providing local water service. OWD receives its water for the San Diego Water Authority via the second San Diego Aqueduct. Although described here for information, the manner in which EastLake will ensure the adequacy of potable water from OWD shall be the subject of separate agreements between developer and OWD. The water facilities (i.e., pumping, storage, piping, etc.) will be constructed as planned, to conform with the current OWD Master Plan. This provision of the Public Facilities Financing Plan sets forth the anticipated means by which water service will be ensured for the EastLake I and Greens projects. The area is currently served by two 980' zone 5 million gallon reservoirs and pump station, (EastLake Pump Station). The backbone water lines constructed within the service area were oversized to meet future water requirements and have the capacity to serve the SPA #2 development. (lO/17/9S:lM~im?) 11 /1 'LEGEND EXIST. SOUTH GREENS PHASE 1 -.-.- SOUTH GREENS PHASE 2 - _ _ _ SOUTH GREENS PHASE 3 ......... DOMESTIC WATER PLAN -:F/~/ EXHIBIT B -~. .r;T RICK~CCtvfpANY Based on an analysis of existing and proposed conditions, the following supplemental water system improvements have been recommended ("*" indicates project completed): 1. Increase the pumping capacity of the Central Area Pump Station (711' zone) from 4,000 GPM to 8,000 GPM. * 2. Add 2 million gallons of storage capacity at the ID 22-1 Reservoir site located within SPA #2 boundaries. * 3. Add a 4,000 GPM pump to the existing 980-zone pump station. 4. Install various transmission and distribution mains in accordance with the current own Master Plan. OWD Improvement District 22 (ID 22) has installed a number of improvements to provide water for SPA #1 and #2 development. These include an approximately 3 million gallon reservoir to serve the 711' pressure zone and the two 5 million gallon reservoirs to serve the 980' pressure zone. own also completed an 8 million gallon reservoir to serve the areas to the west (Bonita Long Canyon and Rancho del Rey). OWD has annexed SPA #2 to ID 22. In addition to the existing ID 22 improvements, improvements required in conjunction with the recently formed Improvement District 27 (ID 27) will also need to be funded. ID 27 includes the developments of Rancho del Rey, EastLake and Rancho del Sur (Sunbow). A Master Plan has been prepared by own to determine required facilities, cost, and financing mechanisms. The most significant facility that will need to be provided is a terminal storage reservoir which will provide terminal storage to meet demands of the participating developments within the ID 27 boundaries. A 30 MG reservoir is being constructed and nearing completion with financing from ID 27. The necessary area-wide improvements (e.g., pump station, reservoirs, etc.) to serve EastLake South Greens have already been provided or financially committed in conjunction with previous development within the EastLake Planned Community or other projects. The project is within own Improvement District (ID) 22 and ID 27 which provide such facilities with special district financing such as capacity fees or other means. The remaining local service water facilities will be constructed as a part of local street improvements as a part of the subdivision exaction (see Exhibit B). Reclaimed Water Reclaimed water is available for irrigation purposes from the Otay Water District's Ralph W. Chapman Water Recycling Facility (RWCWRF). These facilities are currently capable of producing 1.3 million gallons of reclaimed water per day meeting Title 22 requirements. At present, Otay Water District is providing approximately 750 acre-feet of reclaimed water per year for irrigation purposes. (10 '17/9i:;::;;::'t;:;:~~) I , :~:~:r~~H~I?:~ 13- r-;, 'LEGEND EXIST. SOUTH GREENS PHASE 1 -.-.- SOUTH GREENS PHASE 2 - - - - . SOUTH GREENS PHASE 3 .......... j-I't401 EXHIBIT C RECLAIMED WATER PLAN f ~" /j --... ~"" RICK EN;INEERll'G COvfpANY The proposed reclaimed water distribution system within the SPA #2 area is shown on Exhibit C. The reclaimed water distribution facilities (i.e., pumping, storage, piping, etc.) will be constructed to conform to the current OWD Master Plan. The system backbone has been planned to provide reclaimed water for landscape irrigation to the EastLake Greens golf course, high school, community park and open spaces. These facilities will utilize the existing production capacity of the RWCWRF's 1.3 million gallons per day plant capacity. Additional capacity has been designed into the system to allow expanded reclaimed water irrigation usage should the Otay Water District facilities be expanded to provide additional quantities of reclaimed water. A 20-inch reclaimed water supply line was constructed in phases within SPA #1 (i.e., Lane Avenue) and extends from the terminus located at Telegraph Canyon Road to the Otay Water District Use Area. This pipeline was constructed to provide water for grading operations and landscape irrigation demands for the SPA #2 area and other portions of the region. As with domestic water service, the off-site connections and major reclaimed water facilities for EastLake South Greens have already been provided (golf course irrigation system is shown on Exhibit C). Transmission and distribution pipelines for street landscaping remain to be constructed. These will be included in the local street construction projects. Sewer/Waste Water The City of Chula Vista provides sewage collection through City-owned facilities. The sewage is discharged into the City of San Diego Metropolitan Sewage System (METRO) for treatment at the Point Lorna regional plant and disposal through the METRO Ocean Outfall. EastLake SPA #1 and #2 is divided into five separate basins. These basins are (1) Telegraph Canyon; (2) Proctor Valley; (3) Long Canyon; (4) Salt Creek and (5) Poggi Canyon. The majority of EastLake SPA#1I#2 will sewer to the Telegraph Canyon basin through the existing City of Chula Vista 15-inch trunk sewer in Telegraph Canyon Road. Additional sub- regional sewage system facilities will be necessary to adequately serve SPA #1 and SPA #2 at buildout. In the context of SPA #1 development to date, off-tract trunk sewer connections have been completed to collection facilities within East "H" Street and Corral Canyon Road, and along Proctor Valley Road. These existing facilities are to be utilized to serve the needs of SPA areas within other basins pending phased implementation of additional sub-regional sewer facilities. Existing trunk sewer capacity needs to be closely monitored. Monitoring of the existing I5-inch sewer trunk line in Telegraph Canyon Road is being provided by EastLake through the existing sewage monitoring agreement with the City. Prior to the time that existing capacity limitations are reached, the following public facilities must be implemented: 1. Install one or more of the following as necessary to serve a portion of the SPA #2 area as well as other future development: (1O.'17/9S:~:M~%~$) 15 'i , -;/ a. Install a new trunk sewer parallel to portions of the existing Telegraph Canyon trunk sewer, to provide additional capacity for temporary pumping from the Salt Creek and Poggi Canyon basins. b. Extend a new trunk sewer southerly along Salt Creek to the Otay River Valley and then westerly to the City of Chula Vista's existing collection system. This would gravity sewer to the Salt Creek basin portion of the property but still require pumping of the Poggi Canyon Basin flow. In 1990, the City entered into an agreement with EastLake Development Company whereby EastLake would fund the preparation of an Improvement and Financing Plan for sewer improvements within the Telegraph Canyon sewer basin in return for permission to pump flows into the basin on a temporary basis. The plan was to allocate cost responsibility for providing trunk sewer improvements and ensure that such improvements were provided in a timely manner such that the capacity of the trunk sewer was not exceeded. A report was prepared which identified the improvements necessary to accommodate gravity sewage flows generated within the basin to build-out. Recognizing that further improvements within the Telegraph Canyon sewer basin would be required to serve additional development in the Salt Creek and Poggi Canyon basins, the report was revised to identify the improvements necessary to accommodate the addition of pumped flows originating from selected development in those basins, including EastLake South Greens. The report identified four phases of development to reach build-out within the basin. According to the report, the existing system has sufficient capacity for approximately the first three development phases. During phases III and IV the construction of additional facilities will be required to accommodate all projected development. The City has established a fee program for new development to finance such improvements. The report also recommends monitoring of sewer flows as existing capacity is approached to assure improve- ments can be provided when necessary. The City has initiated a monitoring program to determine the impacts of additional gravity and pumped flows to the existing facilities in the basin. The EastLake South Greens project, along with other projects in the area, will contribute fees as they develop to provide financing for Telegraph Canyon basin improvements when they are required. Since the monitoring and fee program is in place to provide new facilities when required, any needed improvements to serve the pumped flows from EastLake South Greens should be in place when required. The planned wastewater collection system for SPA #2 is shown on Exhibit D. Interim pumping to the Telegraph Canyon Basin is proposed for the portions of the project which ultimately drain to the Salt Creek and Poggi Canyon basins. These pump stations will be abandoned or relocated when one or more of the above referenced permanent alternatives is implemented. (10/17/9SlJ:t!j.m:~) 1&- i/ LEGEND EXIST. . SOUTH GREENS PHASE 1 -.-.- SOUTH GREENS PHASE 2 ---_ SOUTH GREENS PHASE 3 ......... ~UMP HOUSE . (!) WASTE;WATER COLLECTION PLAN - J-I'Z401 EXHIBIT D -;: RIcK ar;INEERIl'-G COvfpANY ~ -r~ LEGEND EX_ST. SOUTH GREENS PHASE 1 -. -.- SOUTH GREENS PHASE 2 - - - - SOUTH' GREENS PHASE 3 .......... DETENTION' BASIN ~ PROPOSED OUTLET -( NIT 26 CONST. ..................... -- .. E.~s1' . ;) f / .Pi STORM WATER DRAINAGE PLAN ,J-I'Z401 EXHIBIT E RIcK~Gavfi>ANY -~~j Drainaee SPA #2 will be served by a series of on-site drainage facilities that will serve to collect and convey the storm water runoff. Facilities will be designed to handle peak discharges in accordance with City standards. These facilities consist of a series of surface conveyances, desilting basins, transmission pipelines, and detention basins (temporary and permanent). Stormwater runoff will be detained in on-site detention basins and discharged to off-site areas in the Telegraph Canyon, Salt Creek and Poggi Canyon basins. The Baldwin Company, owner of the adjacent property, has agreed to accept these flows and provide for the detention of peak flows downstream within their project. The planned stormwater drainage system is shown on Exhibit E. As an alternative to the construction and maintenance of large basins, improvement of the Telegraph Canyon Channel has been undertaken through the creation of a drainage district funded by fees collected from all undeveloped properties within the boundaries of the district. Since adopted, such fees are required from SPA #2 within the district boundaries. Storm water runoff from the EastLake South Greens project will be detained in on-site basins and discharged to off-site areas in the Poggi Canyon or Salt Creek drainage basins as shown in Exhibit E. School Facilities SPA #1 and SPA #2 are both located within the Sweetwater Union High School District and Chula Vista Elementary School District. In December 1986, EastLake Development Company entered into Agreements with the Sweetwater Union High School District and Chula Vista Elementary School District authorizing the formation of Community Facilities Districts for the purpose of financing high school, middle school and elementary school capacity to serve the EastLake Community, including SPA #1 and SPA #2. A Community Facilities District under the Mello-Roos legislation is currently in place for financing all school facilities to meet the needs of SPA #1 and SPA #2. In compliance with the December 1986 Agreement between Sweetwater Union High School District and EastLake Development Company, EastLake Development Company has provided to the Sweetwater Union High School District a site for a senior high school of forty-nine gross acres. SPA #2 shall not be subject to the payment of school impact fees for secondary school facilities. (Reference is made to the Agreement between Sweetwater Union High School District and EastLake Development Company dated December 11, 1986 and "Special Tax Consultant Report" dated June 1986 for specifics.) In accordance with the December 1986 Agreement between Chula Vista Elementary School District and EastLake Development Company, EastLake Development Company has agreed to sell to the Chula Vista Elementary School District four school sites of approximately ten (10) net usable acres each within the entire EastLake development. The purchase price for such property shall be the lesser of twenty percent (20 %) of the appraised value of the site or $23,000 per acre, adjusted annually. (10i17i95~~Uk(~~) 19 j// In September 1988, in partial satisfaction of this Agreement, the Chula Vista Elementary School District acquired an elementary school site within the SPA #1 area. A second elementary school site has been provided within SPA #2. In addition to the authorization of a special tax and issuance of bonds, the Chula Vista Elementary School District has authorized a maximum impact fee of $600 per residential dwelling unit, subject to annual escalation adjustment (currently $780), payable at time of building permit. (Reference is made to the Agreement between Chula Vista Elementary School District and EastLake Development Company dated December 9, 1986 and "Special Consultant Report" dated June 1986 for specifics.) Parkland Dedication Planned park and recreation uses within SPA #2 include the dedication of a 15.1 acre public community park which includes approximately 1.1 acres of slopes. The other recreational elements, which include three neighborhood parks totaling ~~*~ net acres, are enyisionedto be privately owned and maintained. Also, att--H:~~:::::I}( acre public neighborhood park is i~~P~~~ 01j~~~~~ ~i~~. c1~:~~:{o~c~:~~~~~~i!~~IIIII~.tc:~l::n~yai;~~~ ~~ private neighborhood parks, a Community Trail System wlH HprovideH a Hconnection between all major focal points within SPA #2 and extend north into SPA #1 and east into EastLake Trails (See Exhibits F & G). Park and recreation facilities within SPA #2 are listed in the table below along with their ~~~ and credit acreage, per the adopted SPA Plan. 'J'~~iN9;1 PARK & RECREATION FACILITIES Projected Parcel# Park Type Net Acres % CreditI Credit Acres P-l P-2 P-3 P-4 P-5 Public Community Park* Private Neighborhood Park* Public Neighborhood Park Private Neighborhood Park! Private Neighborhood Park Golf Course/Public Trails 12.9 3.2 &-+U.HO 3.iH 3.30 100% 50% 100% 50% 50% 12.9 1.6 &fInal 1.9...H 1.:ti 1.1 100% --L.1 TOTALS '1'" o.~~::::ri :n:-:?'~~='i:;:l ~;I*~ *INDICATES COMPLETED FACILITY IACTUAL PARK CREDIT WILL BE BASED ON UNITS DEVELOPED AND THE FINAL PARK PLANS TO BE APPROVED BY THE ~~~~ ........................... .....................H.H....... .... . ..... ... ... (10 /17 /95:~:~(~+m:~) 29' ~.., --- "\' , The Parkland Dedication Ordinance (PDO) requires approximately ~g~sP acres of improved parkland for the revised ~~I1~EastLake Greens project, according to th6Happroved SPA Plan. EastLake Greens (SPA #2) is proposing a total of ~~~:f:~ net acres of usable public and private improved parkland, however, ~~~~ acres is intended to consist of three private neighborhood parks. These private parks may reCeive up to a maximum of 50% parkland credit. Therefore, the ~??l~ acre total will be reduced per the table above. SP A #2 is projected to meet the City's Parkland Dedication requirement, with a -!-;-3~;g acre surplus, according to the parkland analysis provided in the revised SPA Plan. [However, it should be noted that for the EastLake project overall there is still a deficit. Per the EastLake III Development Agreement in April 1990, EastLake is responsible for dedicating an additional 5 acres of usable, improved park area. Also per the EastLake III Development Agreement, the developer is responsible for dedicating an additional 2 acres of usable improved park area to make up for the loss of 2 acres in the EastLake Greens Community Park.] Parkland Improvement EastLake is proposing to provide the City with fully improved parks as follows: Community park (12.9 net acres), neighborhood park (&+fQ~P net acres), 3 private neighborhood parks (10.2~~~ net acres at a maximum of 50% credit), plus trails, for a total of ~APS:~ acres of usable improved parkland that may qualify for credit under the City Ordinance. It shall be required that EastLake provide improvements at or beyond the above specified level as turn key park facilities or pay park fees in lieu thereof. The determination of park improvements, obligations and/or credit by the developer shall be based upon approval of acceptable design and improvement plans for parks by the Director of Parks and Recreation prior to recordation of the final map. The Community Park was completed during the initial phase of SPA #2 (EastLake North Greens). It was the responsibility of the developer to prepare a master plan that is acceptable to the City Council, to grade the site according to that plan, and to install improvements. These improvements included street improvements, turf and an automatic irrigation system, landscaping, play areas and other amenities required by the PDO. The community park is located adjacent to the high school site to provide the opportunity for joint maintenance by the City and the Sweetwater Union High School District due to combined use of park and school facilities. ~~~~::::~::(~9.1IRI:~::~:m1".::tR_.:::jlfm:::::::m$:.:~.a11i:~::::9tj::::m~:::j::!Rmlii!~y:~::::.I:::::j.I.!ml!:::j::I~:::::jlli ( 10.' 17 .'95flflmrt.$) ................... 21 /~._-~-:.J Phasing of parkland improvements is alse-addressed in Chapter III. All of the open space and public parks will be provided through select open space easements and/or offer of dedication to the City of Chula Vista. Private parks will be subject to open space easements which are intended to guarantee the City of Chula Vista that private parks will remain as recreational amenities. Maintenance of the public community park and public neighborhood parks will be provided by the City. Maintenance of the golf course and clubhouse facilities will be the responsibility of the operator and will be independent of the Homeowner's Association. Maintenance of private parks and open space areas will be provided by property owners through Homeowner Associations, open space maintenance districts or similar mechanisms. Street Liehtine and Landscape Maintenance Funding for the maintenance of landscaped street medians, landscaped parkways and supplemental street lighting within public right-of-ways or dedicated maintenance easements are borne by the benefitted property owners through a Maintenance District established under the provisions of the Lighting and Landscape Act of 1972 (Division 15, Part 2, Streets and Highway Code). Currently, all of SPA #1 and a portion of SPA #2 are within the boundaries of EastLake Maintenance District No.1, approved and adopted by the City of Chula Vista December 17, 1985, which maintains street medians and parkways. The balance of SPA #2 will be annexed to EastLake Maintenance District No.1. A Homeowners Association has been formed in EastLalce Greens (SPA #2) to maintain landscaping located on private common areas and open space not accepted by the City for maintenance. 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I \ "',.. \ ~~ i 'P<'r;!P:'. ! \ . _ ~ "" , .' .. / 'I/. 'J;;Jf:jr..... J' \' ,,,,,., " < .'_ ....err,'... -- //> ); "'t;, ; ce,,_I'\/" ~" . _ __~ __-:~ "'1;:0t=~""'- 'I __,' ---==---=-=~ ,,' Iii _____________ ~nOlf . I i I ___-'=--"""""'=____ I!J _-.:~~L. I c ct1 ([ J!1 .~ r= g- Cii on Ql !'!': c ~ '" on '> Ql en a u o (!) : o o o o Ii if>. .. == .;;; "" ." 0- 1!~ 2~ "5-;j Q; "il I ~ Z en <<S~ Ui CD ~ ~~ ~ c:~ >-~ 0 6<<S =u - uE ~.!! >- "=~ ~ ~ ~ ~e 8~ ~ j _ III W 0 IW 0 ~ 0 ~ c: ~ ~ .. E ." c: .. ..J ~ .. E ." c: ., ..J c: .~ 0; Ql ." Ql 0. ~ m ::; o i::I o o o ~.-~ ..; ../ CJ - 15 :E x w I . t . 3 J i & II) Il)~ .. ~ 0> ' .. en . C) - -- c ' ' - -- 10 ~ EJ Mass Transit The EastLake Planned Community Transportation Plan (1982), based on analysis of proposed land uses, expected travel demands and other characteristics of the area, concluded that public transit demands could best be served through extension of the existing public bus system. Extension of this system should occur as EastLake population growth generates sufficient demands to justify additions to the Chula Vista transit system line haul. Public mass transit is provided by Chula Vista Transit which operates a bus system within the city of Chula Vista. The system has been extended to the EastLake Planned Community as increased population and demand have justified. No service is currently provided to SPA #2. The nearest service is within the EastLake Business Center, north of Telegraph Canyon Road. Continued expansion of transit service is expected to occur as further development within the vicinity warrants. Library Library facilities are provided by the Chula Vista Library Department. In 1991, the City adopted a DIF program to pay for nine categories of public facilities including libraries. The SP A #2 project is located within the boundaries of the public facilities DIF program and will be subject to payment of the fee in effect at the time building permits are issued. As an obligation of SPA #1, a one-acre library site shall be dedicated to the City of Chula Vista if the City determines that a branch library site is appropriate within the EastLake Planned Community area. If needed, the library site would be incorporated within the EastLake Village Center area with the actual site to be determined by the City in the context of subsequent site plan approval processes associated with the project area. Alternative locations within future EastLake SPA's will also be considered. As a further obligation, the Developer was required to provide the City of Chula Vista with up to 4,000 square feet within the EastLake Village Center for interim storefront library purposes. This obligation has been met through participation agreements for the joint city/school district library on the EastLake High School campus. This experimental program began operation in 1993 at EastLake High School. This facility currently provides library services to the EastLake project area. Fire Protection Fire protection services for SPA #1 and #2 will be provided by the City of Chula Vista. The development of SPA #1 and #2 will require the construction of a 3,500 square foot permanent fire station to serve the local area. The previous Public Facilities Financing Plan for SPA #1 established provisions for the payment of fees for the construction of a fire station to serve EastLake SPA #1 and a portion of SPA #2. (101 17 .'9j:~:~n~(~m) 25- The schedule for constructing and equipping the fire station to service the EastLake SPA #1 areas shall be in accordance with the City's Fire Station Master Plan. Services to the EastLake South Greens project and surrounding area is served by an interim fire station located within the EastLake Business Center which was provided by EastLake Development Company. Location of a permanent station to serve the area will be determined as development occurs within the response area. Fire facilities are included in the Public Pacilities DIP program adopted by the City in 1991. SPA #2 is located within the boundaries of the public facilities DIF program and will be subject to payment of the fee in effect at the time building permits are issued. These fees may be off-set by DIF credit granted for provision of the interim fire station. Police Protection The city of Chula Vista will increase police service levels as the service area continues to grow. Expansion in the eastern territories has created, however, a need to improve communication facilities. Two specific identified needs include a communications tower or antenna and an improved computer-aided dispatching system. Costs for these are estimated at $24,000 and $530,000, respectively. The police facilitates will be of overall City benefit and will require City-wide financing. Police facilities are included in the Public Facilities DIP program adopted by the City in 1991. The EastLake South Greens project is located within the boundaries of the public facilities DIF program and will be subject to payment of the fee in effect at the time building permits are issued. (10!17!9~r1.ll,jf,t~) 26- B. SUMMARY OF SPi.:#!)PRO.JECTS EastLake North Greens Proiect # Amount Method of Financine 53* Construct EastLake Parkway as a $3,020,000 Subdivision Exactionl 4-lane Major between Otay Lakes Future Assessment Road and SDG&E transmission District easement 54* Construct Clubhouse Drive as a 4- $350,000 Subdivision Exaction/ lane Major between EastLake Park- Future Assessment way and North Greensview District 55* Construct North Greensview as a 2- $2,600,000 Subdivision Exaction lane Collector between Clubhouse Drive and Hunte Parkway 56* Construct Neighborhood Park #1 $590,000 Development Impact (Augusta Park, P-2) Fee for Parks 57* Construct EastLake Community Park $2,758,752 Development Impact (P-l ) Fee for Parks 58* Construct Greensgate as a 4-lane $540,000 Subdivision Exaction/ Major between EastLake Parkway Future Assessment and North Greensview District 59* Construct Clubhouse Drive as a 2- $1,566,000 Subdivision Exaction/ lane Collector between North Future Assessment Greensview and Hunte Parkway District 60* Realign/construct Otay Lakes Road $4,575,000 Subdivision Exactionl to a full section Major between Lane Transportation DIP/ A venue and Hunte Parkway Future Assessment District 61* Construct Neighborhood Park $1,130,000 Development Impact (Country Club Park, P-4) Fee for Parks 62* Construct EastLake High School, $12,209,000 Community Facilities Phase 1 District # 1 * INDICATES COMPLETED FACILITY (10!17!93!Jt~~~) 2/1" EastLake North Greens (cont'd) Proiect No. Amount Method of Financine 63** Construct OWD terminal storage $21,600,000 Improvement District reservOir 63a Increase pumping capacity of N/AV General Obligation EastLake Pump Station from 4,000 Bonds to 8,000 GPM 63b* Add 2 MG capacity at ID 22-1 N/AV Subdivision Exactionl reservoir site Assessment District 64+ Construct water reclamation plant, $3,000,000 Subdivision Exaction/ pump station and transmission main Future Assessment connection to OWD reclaimed water District system, or 65+ Extend new trunk sewer southerly $7,650,720 Subdivision Exaction/ along Salt Creek to Otay River Sewer DIF Valley then westerly to existing Chula Vista System 66* Construct Hunte Parkway to a full $1,000,000 Transportation DIF/ width Major between Otay Lakes Assessment District Road and Clubhouse Drive NORTH GREENS TOTAL $59,589,472 * INDICATES COMPLETED FACILITY ** INDICATES FACILITY UNDER CONSTRUCTION + PROJ. NO. 65 SELECTED; PROJ. NO. 64 NOT TO BE CONSTRUCTED & NOT IN TOTAL COST (10/ 17 /9j'!:l(t,~m~) 2s- / ::.' rJCi1ti &~ _llIoIplor.____ 1/13/Sg ~ EASTLAKE NORTH GREENS PHASE ION-SITE IMPROVEMENTS . // I . MAP 1 WILLDANI SIMPSON ~Ci1ti &~ ... ~ 010 ____ ~~ ~/~/8g I ~ I EASTLAKE NORTH GREENS MAP 2 PHASE ION-SITE IMPROVEMENTS 'WILLDAN/SIMPSON -'~/ EastI~ke South Greens - Phase 1 Proiect No. 67* Construct South Greensview Drive as a 2-lane collector from Clubhouse Drive to Unit 6 with utilities and underground improvements 68a Grade Neigkborkood Park (City Park, P 3) 69~*Construct Elementary School #2 SOUTH GREENS - PHASE 1 TOTAL * INDICATES COMPLETED FACILITY (1O/17/95JJtJ.1.ff.$,) ................... 31 Amount Method of Financin.: $1,206,500 Subdivision Exaction! Assessment District $12,000 Park Fees $4,975,000 Community Facilities District #1 $6,193,500 ~~:~II~i~ ...................... tn ctn (1)0 CI).~ a.... 0 e>C: ~~ ....., CD -::J tn OCU .c: Cl)a..' w\Jl ;~ ~Z~~ SitiU tii~ < Iii~ ~~-I -, II L. -., !~ t!'" ...... ~ 1 0> ._, :1>'. cr ~ -~ \J.S .~~ .. " - ~1 .~;,.I. /-7 (\J 0.. CO ~ EastLake South Greens - Phase 2 Project # Amount Method of Financine 68b ImpfO'fe Neighborhood Park (City $1,088,000 Park Fees Park, P 3) 141l Construct East Orange A venue $350,000 Subdivision Exaction Sewage Pump Station 70a Construct Hunte Parkway as a 4-lane $938,000 Transportation D IF / major from Clubhouse Drive to Assessment District South Greensview 70b Construct Hunte Parkway as a 4-lane $700,000 Transportation DIF/ major from South Greensview to Assessment District East Orange A venue (required with improvement of East Orange Ave. from Hunte to OTC or with Phase 2, whichever occurs first) 71 Construct South Greensview Drive as $1,919,500 Subdivision Exaction/ a 2-lane Collector between Hunte Assessment District Parkway and Silverado Drive with utilities and underground improve- ments 72a Grade Greens South Park (HOA $5,000 Park Fees/Developer Park, P- 5) Contribution 73a Grade half-width East Orange Ave. $307,500 Transportation DIFI from Hunte Parkway to the westerly Assessment District SDG&E easement boundary with storm drain improvements 73b Grade full-width and construct full- $5,000,000 Transportation DIF width improvements for East Orange A ve. to the westerly SDG&E ease- ment boundary (as required by TM condition, or as revised by City Engineer and approved by Council) (10/17/95:nt~im*,) 33 -,/~ EastLake South Greens - Phase 2 (cont' d.) Project # Amount Method of Financine 7~a Construct Silverado Drive from Clubhouse Drive to So. Greensview Drive per condition on TM $500,000 Subdivision Exaction or 7Sjh Construct that portion of So. Greens- . view Drive included in Phase 3 per terms of the Acquisition Agreement $1,000,000# Subdivision Exaction/ Assessment District SOUTH GREENS - PHASE 2 TOTAL $10,808,000 ~~~I~Jjm .......................... ......................... . # cost included in Phase 3 total (10!17/9S:~~t~1=nt.~) 34 'J :/" tn UJUl ~~ ~ c:tn cut) ~zi~ c. CI).2!. 'tLU UQ ctS a... 0 ~ C>C: ..... LU i 6 ~Q::} .J::N ... G> Ul<.!) ::Jtn OCU ;:is en-&. ~~-I ~ "'-0') CD (>)-2 <::.-(>) 'i- ~. ~ '" '6 \V Ct) f'.. ..0 ~ ~ \ ~/-"\~. ._~ jl ", -- /, ~', ==-__ -"2- __ ___ 'c.-. ---~ -- - --==- ~2~ II r- ~ !~ _ ~re ~ ~ ~a; ........1 ::.IJ! Ir ""1.= - t'i'~.: \J ~> sc:~'~ / r. (' ) EastLake South Greens - Phase 3 Proiect # 72b Improve Greens South Park ~Ijj m;~::lt.$l.'...'. 7~b Construct South Greensview Drive as a 2-lane collector from Unit 6 to Silverado Drive with utilities and underground improvements ii:::::.:~:::~:~:::lllI~::ag:::!lnt9y!:::I~!gnRB~m19 f.MtkJI.Glk~JPifk??R+g\ """"""""""""",J:""""",'~.J\""",:"""""""""~""""""""",,,l 76 Construct EastLake Parkway as a 4- lane Major between the SDG&E easement and the SPA #2 boundary as needed to provide access to devel- opment sites SOUTH GREENS - PHASE 3 TOTAL (10/17.'95:1:~niff.~) 36' Amount Method of Financine $595,000 Park Fees/Developer Contribution $1,000,000 Subdivision Exaction/ Assessment District $,~:~~:~:m~1I 111:::1. $860,000 Transportation DIF/ Assessment District $2,455,000 3.....5... .5..5. ....0. ..00. ..... .. .. . . ... . . .. :,:"t.:.":.::,':'::,);".,:",.,.,,,.j., In s::fn (1)0 (1).~ ~o e>D: ..s:::::M ... CI) ~fn ~ CU O.s: (1)0... UJ '" ~~ ~Zig 'tUJ Uo ...IUJ ~~ t7i~ < ~<.!) ~~-I ==, r- -, l~ - ~'" l.. ~ ~Oi '-I:J" a: ~ ",- c:- - \}~C -; II , -; L() Q.. ~ ~ SPA #2 (EastLake Greens) Off-Sites The following projects are regional in nature. The funding and timing of their construction is controlled primarily by DIF programs. The listing below describes the anticipated contribution to these programs by EastLake Greens. Proiect # 77 Install traffic signal improvements on Telegraph Canyon Rd. at Canyon Plaza Shopping Center between 1-805 to Paseo del Rey 78 Re-time traffic signal improvements along Telegraph Canyon Road 79 Construct/extend EastLake Parkway as a 4-lane Major between the SPA #2 boundary and East Orange A ve- nue 80 Install eastbound dual left turn lanes at I-805lTelegraph Canyon Road interchange (*Phase 1 to provide additional turn lane complete, Phase 2 to provide 1 additional eastbound lane through the intersection) 81 * Construct reclaimed water distribu- tion main from OWD Use Area to existing main in Lane Avenue 82 Construct parallel trunk sewer in Telegraph Canyon Road from Hunte Parkway to a yet to be defined point downstream Greens - Off-Sites Subtotal GREENS - PHASE 3 TOTAL * INDICATES COMPLETED FACILITY (1O.'17.'9SJ:~lf:if$l) 3!- Amount Method of Financine $110,000 Transportation DIFI Traffic Signal Fund $25,000 City Staff/Traffic Signal Fund N/ A V Transportation DIFI Assessment District $100,000 Transportation DIF $750,000 Dedication by Developer $3,221,000 Subdivision Exaction! Sewer DIP $4,206,000 $7,482,900 !~itt:i. .-'7 , , o CO L. ~~ ~-:-,;/ 00. r:s UJI ^ .k~ 5 ~Z ~g tj 'l:LU ~~ ~ ~LU ~5 ~ ~^'-' ~~ ~ iIl.....'O: ~;:;s(.l) o ..~" c: o i o o ...J >> t' ::=gl L~ ~ o~ ; +I (J cu "- o '- ~ EJ:1 ~ c. $~~::W~EASTLAKE CREENS PHASING The EastLake North Greens development phase of SPA #2 is complete except for residential parcel R-22. The anticipated phasing for the EastLake South Greens project is expected to include three phases as depicted on Map 7. A brief description of each phase is presented below: North Greens EastLake North Greens includes a golf course, 1,175 dwelling units, 19.6 acres of commercial development, a high school and community park, and two private parks. South Greens Phase 1 Phase 1 includes approximately 4G4$~1 dwelling units and site prep8:I'tltion f-or the elementary school and adjacent public park, anddconstruction of the elementary school. Phase 2 Phase 2 includes approximately =l49:1I:~. dwell~~~~~.~~~.~..~~P!?~.~.~~~.?!..~~~.p'~.~.!~~..~.~~~.~.?Ehood park, site preparation for a private par..g~~j~~:jll:j~:::I~M:~IRny@~'::::::lwl.llgmgln:::j.I: and construction of the sewage pump station. Phase 3 ~~iiq..:;~ :~r~:~~~~~~n ~:~~~Pp::~~I~~k~nits.~j::~~:~:!tIt::~~:'I!Yi~.Ij!j:~j::j9!=l~jjl;::::tiIU9 . . ... .....,............."........... Future Phase This phase inelude~~:!:i residential parcels which havci ail interim designation on the Site Utilization Plan. It isdanticipated that theseii parcels will be. subject of a SPA Plan amendment prior to development. Any necessary PFFP revisions would be included in that amendment. Parcels in this phase are R-26, R-9, and FU (~. DU per current Site Utilimtion Plan). Although geographically linked to the parcels with an interim designation, parcels Itlll PQ-l and PQ-2 may be developed witll poolie/qHRsi poolie Hses as permitted by the adopted SPA Plan and PC Regulations, once infrastructure is available to serve them (completion of project #76 in Phase 3). No PFPP projects are included in this phase. (10/17.'95:1:~U!If.f) 40 C) t: tn .- t: tn Q) ns Q)..t: J..Q. C>....., ..t: g .....,...-- ~ 0 o J.. (J)Q. L{) ..- I 0::: ..:-::. ~ o o ~ o c '-' (") I 0::: U) ~CX) O:::C\/ , enn::: ~ Q) .. Q) ~ ~ fJ) ro t coa.n::: J:: a. -----t - ~ o L{) <0 0..- ~r:i:: era; 0:::..- ;.:r:i:: I .. 0:::0 .. ..- f'-. I NO::: I .. 0:::C\/ .. ..- (/) I N Q) n::: Q) ~ CD fJ) ro t coa.n::: J:: a. u, o S~I'~S -~--- '" . u, ~ 0 ~ r:i:: M C\/ I n::: en MQ) Q) ~ fJ) ro CO a. J:: a. => LL CD C\/ r:i:: Q) .. fJ) q CO 0::: J:: .. a. ~ Q) ~ .... ro :::s a. ..... :::s u. EJ ~ .-\~~.~ C:'H \J.- ~j . a, ..J, f'.... 0.. CC ~ UJ~U ~ LLI u~ SUJh ~~c( Ul(D ;:is "'~'I 2_ D. SUMMARY OF COSTS TO BUlLDOUT North Greens South Greens - Phase 1 South Greens - Phase 2 South Greens - Phase 3 South Greens Off-Sites TOTAL (lQ/17/9$f~f~!~I.) $59,589,472 $6, 193 ,5001;:liii11t1 $10,808'~f~I:;~ $2,455 ,OOO?~!!I:~g $4.206.000 $82,933,229 ~*~~~q~. 42 - ,.-.....;' ..../ CHAPTER III PUBLIC FACILITY PHASING REQUIREMENTS FOR DEVELOPMENT A. ~~~:.:~~~I~EASTLAKE GREENS) PROJECT PHASING The EastLake Greens (SPA #2) on-site improvements by phase are summarized in Table -t~ below: Table No. l~ IMPROVEMENT PHASING STATUS Phase Proposed Development SPA #1 Proiect No. Page Number North Greens 1,175 DUs, HS, Com- munity & 2 Neighbor- hood Parks, 19.6 Ac. Commercial 53 to 66 26'829 ~ South Greens 1 4G435l DUs, Elem. School, gradc P 3 park 67, 68a;--69 34-3:S 30Mn 2 +49if:~ DUs, improve P 3 park, grade P-5 park, construct sewage pump station 6gb, 70 to 75 ~i~:I:::ill~ ~ R!r!~ 3 438119 DUs, complete P-5.par!4ji:jlllllililil pa ~m~ DUs 72b, +5B, i41 m 76 ppp 39-4G iif~~ Future Phase None B. PHASING PROGRAM for REGIONAL FACILITIES Regional or area-wide serving facilities are generally included in the various DIF programs (transportation, public facilities, Telegraph Canyon Sewer Basin, etc.) and will be provided as required with financing secured. The provisions of the Chula Vista Growth Management (10/ 17 /95:Utlfm~) 43- ~ / .' ') Program, including the threshold standards for specific facilities and services will be the overriding control on development, as noted in the introductory chapter of this plan. C. PHASING PROGRAM for PARKLAND Parkland is to be provided according to a 3 acres!lOOO population standard. Per the analysis in the adopted SPA Plan, SPA #2 as whole may exceed this standard depending upon the final resolution of credits for the proposed private parks and as qualified by the EastLake III Development Agreement which requires additional park acreage in EastLake III. The following table provides a phasing analysis of the provision of improved parkland using parkland standards from the Park Dedication Ordinance, unit type assumptions from the adopted SPA Plan, and phasing from this PFFP. Table No. ~~. IMPROVED PARKLAND PHASING 81':1\#2 Phase Res. DU Park Req'd. Parks Complete Surplus! Deficit North 1,175 -l-h{}lQ.$acW P-1 (12.9 credit ac.) P-2 (1.6 credit ac.) P-4 (1.9 credit ac.) +5.4~ ac. South 1 404fl$:t 3.~1 ac. None +H2.dl 2 i4~j4l 3 4~~'lS6 BQ."8 ~l~$ P 3 (8.7 credit aC.)~RP~ I 3. 3n4?~: +2.3ptp ~t~~~~f,g::sllit.:i9~') P-5 (1.~$ credit ac.) Golf Course! Trails (1.1 credit ac.) Future ~Il;i 1 M;.1.\: ac ~e~~ . None + 1. 31:~~ TOTALS ~1.~iI~ ~#4~:~ ac. ~~:~o credit ac. + 1. 31:~1 (lO/17/95UtJ.lf.!1.$) ................... 44. - .$. ,...,. } ./ CHAPTER IV PUBLIC FACILITIES AND INFRASTRUCTURE FINANCING A. OVERVIEW EastLake Development Company and the City will ensure the appropriate public facility financing mechanisms are utilized to fund the acquisition, construction and maintenance of public facilities required to support the planned development of the EastLake Greens (SPA #2) project, in compliance with the city's Growth Management Program. Public facilities are generally provided or financed in one of the following ways: 1. Subdivision Exaction Developer constructed and financed as a condition of project approval. 2. Development Impact Fee (DIF) Funded through the collection of an impact fee. Constructed by the public agency or developer constructed with a reimbursement or credit against specific fees. 3. Debt Financing Funded using one of several debt finance mech- anisms. Constructed by public agency or devel- oper. It is anticipated that all three methods will be utilized for the SPA #2 project to construct and finance public facilities. B. REVIEW of FINANCING PROGRAMS A V AILABLE and in PLACE in PLAN AREA Subdivision Exactions Neighborhood level public improvements will be constructed simultaneously with related subdivisions. Through the use of the Subdivision Map Act, it is the responsibility of the developer to provide for all local street, utility and recreation improvements. The use of subdivision conditions and exactions, where appropriate, will ensure that the construction of neighborhood facilities is timed with actual development. The imposition of subdivision conditions and exactions does not preclude the use of other public facilities financing mechanisms to finance the public improvements, where appropriate. Development Impact Fee Proerams Development Imp~ct Fees (DIP) are imposed by various governmental agencies, consistent with State law, to contribute to the financing of capital improvements within the city of Chula Vista. The distinguishing factor between a fee and a subdivision exaction is that exactions are required (10!17!93~]t!1f.tp) ................... 45= " of a specific developer for a specific project whereas fees are levied on all development projects within the benefit area, pursuant to an established formula. The SPA #2 project, through policy decisions by the City and other governing agencies, is subject to fees established to help defray costs of facilities which will benefit SPA #2 and areas beyond this specific project. These fees include but may not be limited to: 1. Eastern Chula Vista Transportation Impact Fee - Street DIF established to provide financing for circulation element road projects of regional significance in the area east of 1-805. 2. Public Facilities Development Impact Fee - Public Facilities DIF established to collect funds for civic center facilities, police facility remodeling, corporation yard relocation, libraries, fire suppression system, geographical information system, mainframe computer, telephone system upgrade and a records management system. 3. Park Acquisition and Development Fees - PAD fee established to pay for the acquisition and development of new park facilities. 4. Traffic Signal Fees - to pay for traffic signals associated with circulation element streets. 5. Telegraph Canyon Sewer Basin Fee - fee established to pay for sewer basin improvements necessitated by increased flows from future development and pumping of sewage from other basins into the basin. 6. Telegraph Canyon Pumped Sewer Fee - fee established to pay for system upgrades within the Telegraph Canyon Sewer Basin to accommodate flows generated outside of the basin. 7. Salt Creek Sewer DIF - fee established to pay for sewer basin improvements necessitated by increased flows from future development which gravity flow to the Salt Creek Basin. 8. Interim SR 125 DIF - fee established to pay for an interim transportation facility in the SR 125 corridor alignment. 9. Otay Water District Fees - It should be noted that OWD will require annexation to an existing improvement district or creation of some other finance mechanism which may result in specific fees being modified. As noted earlier, SPA #2 is within the OWD Improvement Districts Nos. 22 and 27. Debt Finance Proa:rams The city of Chula Vista has used assessment districts to finance a number of street improve- ments, as well as sewer and drainage facilities. The Dtay Municipal Water District has used such improvement districts for water system improvements. Both school districts have implemented Mello-Roos Community Facility Districts to finance school facilities. (10!17!93l11~7~~) 46 Assessment Districts Special assessment districts may be proposed for acqumng, constructing and/or maintaining certain public improvements under the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, and the Lighting and Landscape Act of 1972. The general administration of the special assessment district is the responsibility of the public agency. Special assessment financing may be appropriate when the value or benefit of the public facility can be assigned to specific properties. Assessments are levied in specific amounts against each individual property on the basis of relative benefit. Special assessments may be used for both publicly dedicated on-site and off-site improvements. Mello-Roos Community Facilities Act of 1982 The Mello-Roos Community Facilities Act of 1982 authorizes formation of community facilities districts which impose special taxes to provide financing for certain public facilities or services. Facilities which can be provided under the Act include the purchase, construction, expansion, or rehabilitation of: 1. Local park, recreation, or parkway facilities; 2. Elementary and secondary school sites and structures; 3. Libraries; and, 4. Any other governmental facilities that legislative bodies are authorized to construct, own or operate. Other Finance Methods General Fund The city of Chula Vista's general fund supports many public services throughout the city. The facilities and services included in the general fund are those which benefit not only a new project, but also the residents of the city in general. In most cases, other financing mechanisms are more appropriate to initially construct or provide the facility or service. The general fund would then be used to fund the on-going operation and maintenance costs of the facility once it is accepted by the City. State and Federal Funding Although rarely available to fund an entire project, federal and state financial and technical assistance programs are available to public agencies, in particular school districts which receive significant funding from the state. EastLake High School was financed partially with state funds. The city of Chula Vista has also received state funds to construct the Montgomery /Otay Library. (1O.'17!93J~n+m~) 47 , ~/ Dedications Dedication of sites by developers for public capital improvements is a common financing tool used to acquire land. In the case of SPA #2, the following public facility sites are expected to be conveyed through dedication: 1. Public streets; and, 2. Public park, open space and trail systems. Homeowner Associations Community Homeowner Associations have beenlwill be formed to manage, operate and maintain private recreation, landscape and open space. Developer Reimbursement Agreements Certain facilities that are off-site of the SPA #2 project and/or provide regional benefits may be constructed in conjunction with the development of the project. In such instances, developer reimbursement agreements will be executed to provide for a future payback to cover the additional cost of these facilities. Other future developments will be required to contribute their fair share of the costs for the regional facility which will provide funds for the reimbursement. Development Agreement A development agreement can play an essential role in the implementation of the PFFP. The PFFP clearly details all public facility responsibilities and assures that the construction of all necessary public improvements will be appropriately phased with actual develop- ment, while the development agreement identifies the obligations and requirements of both parties, the City and developer. A development agreement has been entered into by the city of Chula Vista and EastLake Development Company for the development of the EastLake Greens SPA (SPA #2), including the EastLake South Greens project. (1 0/ 17.'9~~~tt~im:l.) 48- ," ^J ") CHAPTER V IMPLEMENT A TION As stated earlier, this document is intended to further address public facility needs associated with EastLake Greens (SPA #2). The Public Facilities Financing Plan is intended to both identify the various public facilities required to support planned development of the SPA #2 Plan and to insure that these public facilities are provided at the time they are needed. In so doing, the Public Facilities Financing Plan designates not only on-site public facility needs but also endeavors to address regional or area-wide improvements needed to serve the adopted SPA Plans plus cumulative planned growth within adjacent areas. It is understood that assumed growth projections and related public facility needs are subject to a number of external factors such as the state of the economy, the City's future land use approval decisions, etc. It is also understood that the funding sources specified herein may change due to financing programs available in the future or requirements of either state or federal law. It is intended that revisions to cost estimates and funding programs be handled administratively whereas revisions to the related facilities-driven growth "phases" are to be accomplished through a Public Facilities Financing Plan update process. (10!17!931JtJ.1.~$) ................... 49' .. '// ATTACHMENT 5 EIR-86-04(B) ADDENDUM SECOND ADDENDUM TO ENVIRONMENTAL IMPACT REPORT FSEIR 86-04 (B) PROJECT NAME: EastLake Greens GDP/SPA Amendment PROJECT LOCATION: Various parcels within the EastLake Greens SPA between Hunte Parkway and the future SR-125 Row north of the future E. Orange Ave. I. INTRODUCTION The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERC) to prepare an addendum to a Negative Declaration or Environmental Impact Report, if one of the following conditions is present: 1. The minor changes in the project design which have occurred since completion of the Final EIR or Negative Declaration that have not created any new significant environmental impacts not previously addressed in the Final EIR or Negative Declaration; or 2. Changes in circumstances, additional or refined information available since completion of the Final EIR or Negative Declaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have or more significant impacts which were not previously addressed in the Final EIR or Negative Declaration. 3. The changes to the EIR made by the addendum do not raise new issues about the significant effects on the environment. II. PROPOSED PROJECT REVISIONS The Amendments proposed can be grouped in the following general categories: 1. Park Relocations 2. Density Transfers and Parcel Boundary Adjustments 3. Removal of Interim Designation on Parcel R-26 1. Park Relocations The Neighborhood Park (parcel P-3) in the adopted plan was partially within the SDG&E easement and contained less than ten acres of net useable acres for park use. The park is proposed by this amendment to be relocated southeasterly of Second Addendum to FSEIR 86-04 (B) 2 Parcel R-20 and to contain 10.0 acres net useable for park uses (11.8 acres gross). This relocation deletes former residential Parcel R-21. The former location of the park is proposed to be converted to PublicI Quasi-Public as an expansion of existing Parcel PQ-2. This additional 11.0 acres will be available for Community Purpose Facilities. A second park relocation involves Parcel P-S, which was a Private Neighborhood Park between Parcels R-20 and R-21. This park is proposed to be relocated near the intersection of South Greensview Drive and Hunte Parkway adjacent to Parcel R-12. No significant change in acreage is proposed. 2. Density Transfers and Boundary Adjustments Reductions in densities are proposed in eleven residential parcels. Increases in densities are proposed in four residential parcels. The net result of these density transfers is a 133 unit decrease in the overall residential density. Most of the density transfers are minor adjustments that reflect units achieved in the tract map and design review process. The following parcels are proposed to be changed in a more substantive way (more than 10 du): Parcel Proposed Chan~e R-6 R-16 R-20 R-21 R-23 R-26 -12 +26 -37 -120 -142 + 200 (The Adopted Plan provided this parcel with an interim density.) Boundary adjustments occur primarily as a result of Park relocations and are proposed to be reflected in the amended Tentative Tract Map. These adjustments result in a net loss of 11.8 acres of residential land. An increase of 11.0 acres has been added as Public/Quasi-Public (PQ) and the remaining 0.8 acres has been added as Park. The following shows the existing and proposed changes in land use and acreage on the General Development Plan. Second Addendum to FSEIR 86-04 (B) 3 Existing Proposed RESIDENTIAL RESIDENTIAL Land Use Acres du/ac Units Land Use AcrG$ du/ac Units I~ 250.5 ().3 7~ I~ 250.5 ().3 7~ LM LowIMedIum 389.6 C).6 2008 LM LowIMedium 381.0 o.e UI03 M Medium 242.2 .,1. 1875 M Medium 251.1 .". 2D23 MH MecliumlHigh 125.<4 11-18. 1684 MH MecliumlHigh 100.0 11-18. 13048 H High 11.0 18-27+ 250 H High 2<4.3 1&-27+ 510 S~ Total 1018.7 6660 S.TotaI 1006.8 6527 NON-RESIDENTIAL NON-RESIDENTIAL Land Use Acres Land Use Acres Retail 51.9 Retllil 51,Sl Prof. & Admin. 6.8 Prof. & Admin. 8.8 Res. & Ltd. Mfgr. 135.8 Res. & Ltd. Mf"r. 135.8 Open Space 187.6 Open Space 187.6 Public/Quasi-Pub. 137.9 PubIicIQuul-Pub. 1<48.8 Parks & Re<:. 295.4 Parks & RIC. ~.2 Major Circulation 214.7 Major Circulation 21 <4.7 SuI> T otal 1030.2 SuI> Total 1042.0 [B[:JFuture Urban 72.9 ~Future Urban 72.9 Project Totals 2121 .8 6660 project Totals 2121.8 6527 3. Removal of Interim Designation for Parcel R-26 Parcel R-26 was given an Interim Designation on the Adopted SPA Plan. This designation indicated that the density of 4.5 dufac would be subject to future amendment to reflect the Chula Vista General Plan. The Interim Designation was assigned to allow an Affordable Housing Program for all of Eastlake to be developed. This program has proceeded and has designated this parcel as a site to implement a portion of the Chula Vista Housing Eement requirement for Affordable Housing. The incI;ease in density is proposed to allow this program to be implemented. <' i ~~ , General Development Plan ~.\dOI)t.ed RESIDENTIAL MAX. LN<<l USE ACRES D.JI AC LHTS ~~ 250.5 ~3 7.3 ~ L_'......, 3au H 200e E;j~ 2.22 e-" '175 fIQ ~~ 125. ,,-,a ,aa.c ~Hg1 11.0 '&-27 + 250 liLt>- T Olal 1011.7 eaao N:lN - RESIDENTIAL LNI:l USE ACRES co ANI 111.1 ~~~~ e.a HI ~~acIlrng 13$.1 ~ ClpIn"ce 117.6 ~ PIac'~..-f'Idc '37.1 . ~...".., AmalD\ 285. ~ MaJCll' Cn:UIlIon 21.7 .....T_ '0302 ~ FIan ~ 72.9 fInIjIct T_ 2121.1 ae ...0 clu . ~,. Cfturcf\ ... 1Il1--.....- _ _'" - -- -- . .. _.... ..... .. o.a .,... ...... JIW\. ~ fASTLAKE A PlANNED COMMUNITY IV EASTlAKE OEVE1.OPtIiNT CO. ~inti ,.,.., l.8nd Plannina ~ J _'-I ".._Ir"_ ~... r-.~_.._ Exhibit 1 . General Development Plan PrOI)Osed RESIDENTIAL Land Use Acres du/ae Units iLow LM LowlMedium M Medium MH Medium'High H High Sub-Total 250.5 0-3 743 381.0 o.e 1903 251.1 So11. 2023 100.0 11-18. 1348 24.3 18-27+ 510 1006.9 6527 NON-RES IDENTIAL Land Use Acres Retail 51.9 Prof. & Admin. 6.8 Res. & Ltd. Mfgr. 135.9 Open Spece 187.6 Public/Quasi-Pub. 148.9 Plrks & Re<:o 296.2 Major Circulation 214.7 Sub-Total 1042.0 (![:JFuture Urban 72.9 ProjeetTotaIs 2121.8 6527 .. ~I. ~.... 11)).-....-.--.----- . .. __ .. .. c::IUI Vale ...... IIW\ ~ fASTLAKE A PlANNED ~lTY BY EASTLAKE 0EVEl.C)Pt/iNT CO. ~inti ~ Lond PIann. l J ...'-(.....~~ .. ... r-.~_._ 1'30/85 Exhibit 1 z-" .a < :::;"',,': Jj .CGl.ItlClOIDItlID...MNIDItlM....lDIDC-.IDClO.O - ~ Itl.CCCClIDGl..ClGl.ClIDCl-ClItl.N._....ID.1D ... ~. -~~ ~ ~ N --~-N ~ I .......1 ..... -11I1 Cl. ':::' Ii ~:: Ii ~~C!l':!~"':~lI!l':!~C!~l':!~~lI!~~~l':!C!"':l':!~~~lI!~ i ~II NNItl..",,,,,,,,,,,,,IDIDID...II>......ClOGlNCO)MGlO..Gl_ .. .. -- .. - Z .'...1 ci o - !c( N - -J - t- ::> Ii ......lDOO.....",.IDMID.ID",...GlGl...OClClO.MGl- - ~:~~~~~~ci~::~==g~m:~gg~~~ticici ~ . 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I L~ {' - --..,', \ "'~.I \L_.J"-~ -J _ ....:\1 r-;;:: \ ____......c....-al*lncl, I "-lr~ -....... ('...~~ ... . t>. 11lI:.'.I~"--=-p... ...~4 ........... I~~ ......::;,;::--~.= ... v f~ --. Jf-1I' I ~r',,;;:~'\\ 7' ':~.., ".L1JIlMl.........,-IID1Rtc1 I H _~,I-;~\ \ l -, l~7;\', \(~~./ '~I \ Mt-4tl Ile~AoI.........., - .. Clldtcl ~ r--. i I \\ \ ---::. , ~ ~ 10\: \. fICo" I( ... 1 'II - I \\ \~..... \ , \ -.::::: \: . VLLJiGE CENTER ;1 -. '( fICo"\\ y- ~ \ \ \ <, ~~ ';.--~ ) I"" ,-.....-- Ii&...~' \. ~ ! \ 11- ) '-ir~ "'" VC-2 ".... c.ne.. - .... ~ k -, I ", ~ -, \ \ I, /~71 \, -, \\ VC-I ~c....-'" '\/ ~ ~ ,)\.....1.../ / //'\_'1 \\ . .... ~ V ./ ./'/ \ ~\.- "" fICoM"~ ~10-'?'~ EI.JSIfESS CENTER ' " ~-::!;= ~ ~ \ \ " ~ _ "A"'" e,\ 17 I ec-, 1""-' c.... - ............ .... DId1ct -> " I ~A" ec-2 ..... c.... - ........... .... DIRtc1 ~;-...:..(... ~"'d' -"'~- ---::::;...?' -- Land Use Districts L.\.dollted :::::: ,;,;,. SPECIAL P\.A'OSE '-' ..... - 111111rtel o..n ..... - . DIIetc:l o..n .... -I DIIetc:l ClDIII .... - 4 DIItrIr:l o,.n .... - . IIIIIrtel o..n ..... - . IIIIIrtel 0Mft ..... - f IIIIIrtel ,.... &n.n DIItrIr:l ~ E"ASTLAKE A PLAtHD ~ IV EASn.AICE DEVBOPM:NI' co -..-... -..--, -..-- =-_~~-a..' m Ci1ti . ~&~ ,...... ~ Exhibit A Land Use Districts '. PrOI)Osed c~~f)1 ... Jt~ J'.."':....... - -:;:-:/ifl.......-V ~, ""~. - - ~ I '. ..---.... .II ~ """....'"-?"': /,"- I ~........... .... ~ a..' l-~~ ,~." ,,/ ( IlC-II r---.. -- \~.....~ \ __.~, ~'", II :\\\ - ~/',?>=l[:'YA~~'9 ': ?/~ u'" \ {/,/ -~ ~/I'"" i -..'\ '\ ~- -' .' '~"\./ I'''' (:.'1V~f #-:;'~'f1 \ '\\ - J - l .. \"',1"""'/~,VlII 1.7"' - ;i -I- .., ~.././ - ~e- \k-. I.l ~ 1\ __I \ (1t~~~\r-~,\ ~~\~ .., .(/~ - ~.::::: - ~j' - \ ...'\\ -. \of? ))ec-.\\ 1_ -::: -;;;~ \ II... I \ - \\we.. ~- - ---~~ ..-'I~ \ )~? _ __...."'l:,~ I :-,,-:> : \ ~~(~~-~-~'>'\~1' -~ ..J~:: .I)) I ( ?1Y~.? // /7~ ,.. FESIDENTIAL T!. -<1+ I I Ij l k~ / I ~'<;;t -. ~ ............-sa... ~~:: II /,................../f"~/.i\.;;;;- /"-H [' "l '~.........-::Y-, ..... ..... - S a.tcl III / 1/IlC-..ll...., '-......... ""I I I '1lC-~ ,,,, -=- J c-- \ ......, .... "'- - 7 ClIIilrIct : II /r--; I ,-.............. I I J '-J I -........~ ..............c...--.a... 11/..... \\_oa\1 ,;;;:, I LJ II - ~" \ ........ O"'~a...-1O ClIIlrlcI _.~: ~ :1\ \ L_J~---1 _ .......-"'\11 ~ \ ......,,..,. c.-.. - D ClIeft:l I I "-lr~,- r"..... -1 ~ ... II 'r....... ~ - ,. DIelrtr:t ...' '" IIIC."'/'j;' ~h~.;) \ ............."j~ ......... ~ - 22 a.tcl f f~y' J t-11 , /r--- -r'~, '\ :7 ,~ .., ~T' ..1Il*",1-f''- -II i:MIlrlc1 II"" JI..... \\ \ l .., t'r-'" , \.r'~~. / '--J I \ A>t~AiIoIIoUIH''--''~1 '(---"'t'+--\\\ \ \------', ~' '\ .... (' ... I II' - VC.3 J \ - ....."', '\ , , . ~ . ' VI.LJiGE CENTER ~. '/IIC-'~ ~ \ \ 'I ',~~ ~\./..: -;...." J 1__' ! ----- Iii r-~...... " ~v \ '\ I ... '\ '-~( .........~, .....- ,,_ ___ ~ _{ '" ~ 'I, J ,...,,..0....-.. ",""" YC-' .... c... - ... ~ k -, './ ~.., \ \!, ./-'/- II '~\ .., , \ "....1 __ c... _ ... v (\j~ V 05.4 ~ 'J\..,L.../' / /f'\ -II \ \ ~ - - / ~ /' h:"" \ ~'- BJSINESS CENTEFl ~,RS-S ~..IAC-~'7/\\ , , I _ "~\,, I ec-, i --- c... - ............ ,.. DIelrtr:t ,,;-,', (' ~.A " ec-, ...... c... -................ Dlatnl:l ..).<'...1 ~.i'd' "'....~. __~.;;ii'" -- :::::::: SPECIAL PlJIlOSE '-' ..... - , a.tcl Qpeft ..... - I a.tcl Qpeft ..... - I DIIMI:t Qpeft ..... - 4 a.tcl Qpeft ..... - . DleIrtI:1 Qpeft ..... - . a.tcl ___ ..... - 7 a.tcl ,.... ~ a.tcl ..4 EASTLAKE A P1NND cc:Mo4HTY IV EASnAICE IJEVB.alM:NT co _"__II -..--. -..-- =-_~~-&aeo1 m Ci1ti . u&~ 7.'.... ~ l/SO/15 Exhibit A Second Addendum to FSEIR 86-04 (B) ID. CHANGES IN IMPACT ANALYSIS 4 The project site has be graded for sometime and this minor shift in land uses and minor modifications to densities will not result in any change in the natural environment. the provision of public facilities was programmed in the original EastLake GDP/SPA at a specific density. The minor reduction and density shifts that part of this proposal would not significantly impact the provision of these services. the minor reduction in population would result in a commensuration reduction in related impacts. IV. CONCLUSION ,. Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, 1 hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the previously sited FEIR adequate under CEQA. V. REFERENCES EIR-96-04 EastLake Greens EIR-96-04 (A) Addendum IS-96-04 EastLake Greens GP A/SP A Modification General Plan, City of Chula Vista Title 19, Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures ~ :/I/f'.~ ~ .." . t _-. ~"',~-,.. . . f', 1-_ " ~":.. j. ... :[)rnirntrn to COIl\lllUllil~ gnl iN OCTO -1 199c: /.) . !.. L, Ii, VIA FAX '91-5171 , U.S. Mail 10595 JAMACHA BOULEVARD, SPRING VALLEY, CALIFORNIA 91977 TELEPHONE 670-2222. AREA CODE 619 1995 Mr. Douglas D. Reid Environmental Coordinator City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912-1087 Re: Proposed Amendment to the Adopted BastLake II General Development Plan (ODP), Related to the BastLake Greens and an Amendment to the SPA Plan, and the Tentative Tract Map (IS-9'-05). Dear Mr. Reid: The otay Water District (OWD) would like to have ample opportu- nity to review and respond to any environmental documentation (Negative Declaration or EIR) relating to the above referenced project. OWD may have site needs for the future 711-3 reservoir and other water facilities as well, thus requiring the site(s) and pipeline routes to be called out on any adopted EastLake II General Development Plan (GDP). Please contact me at 670-2293 or John Garcia at 670-2213 if you need any information or have any questions with regard to water facilities or service. We look forward to reviewing and res- ponding to your completed environmental Initial study/Negative Declaration or Draft EIR. Sincerely, ~lm?:~' Environmental Specialist MFC:cp cc: Tim Stanton Jim Peasley John Garcia Chris Craven Rebecca Patton Sweetwater Union High School District Administration Center 1 1 30 Fifth Avenue Chula Vista, California 91911-2896 (619)691-5500 <.- Division of Punnin~ 3nd Ft1dlities Ms. Barbara Reid City of Chula Vista Planning Departmfnt 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. Reid: Re: Proposed Eastlake General Development Plan Changes The Sweetwater Union High School District does not object to the proposed amendments to the EastLake II General Development Plan. CommunitY Facilities District No. 1 (CFD No.1) was established to mitigate this project's impacts to schools. However, thank you for the notification, It Is good that the district Is kept Informed of these changes. Sincerely / Thomas Silva Direaor of Planning TS/ml '" ' /" ATTACHMENT 6 DISCLOSURE STATEMENT 10/17/1995 e9:1& &19&915171 CITY OF CHULA VISTA PAGE e4 . . no! crrY OF 0il11.A V1STA DISQ.OSURE rrATBMENT " e required to file I Stalement or Dlt.Closure of cenaln ownership or IInanctal Int,rall. payments. or campalln ( . It'JutloftS. on aU mauers which wUl require dl,crctlonl'Y acllon on the pan or the Cta)' Council. Plaftnln, Commlulon. and 111 o,hcr omctal bodla. Thc rOllowin& Information mUSI be dJscl~: . I. Ust the "ames of a1l pcfWns bivin, I flnanellllnte,a' In the propert)'whlch II the lubJect or the application or lhe IlDntract. &.,.. owncr. applicant, ClOnt,.aor, subcontractor, _tcrtal supplier. · . . EASTLAD DEVELOPHEHT COHPARY 2. II In)' perlon- identified pUrluantto (1) lbove III corporation or partnersblp. '1st lhe .Imea or aUlftdMdu.a1l mmln, more tban 10~ or the Ihara In the corporation or ownln,an)' pannersblp 'nterat In lhe pannenhlp. BOSVELL PROPERTIES INCORPORATED THE TOLAGO COMPANY 3, II In)' perlon- Idtntlncd pursuant 10 (1) IbOYe Is non.prone Of,lnlulIoft or , tMe. lilt tbe ".mea of an)' penon "Mn, as dlrutof of the non.pront or'lnl%l\lon or as trustee or beneftdlry or trustor or the trUlt, RIA .. Have you hid more than usa worth or business tranucte4 wltb 1ft)' mtmber of the Clf)' "arr. BOlreSl, Commlsalonl. Commluees. and Council wlltlln the past twelve months' Ya_ No sx It yea. please Indicate perlOn(I): 5. Plwe IdentIfy each ind every person. IncludinJ any alcnu. cmployea. coftSultlntl. or Independent coDtractors wtto you have &nfgneCIlo represent you berore tbe City In t"lI matter, GA~ Cinti. Cinti Laud PlanniuR . Gail Crocenzi. EastLake Development Co. 'R.ocrer "hAti.. tick 'EuRineerillR "ill ORtrem. 'EastLake Develol'1Dellt Co. 6. Hive )'Ou and/Or JOur omeers or .,cnu. In .be IUrel.te, colUrlbuted more ,"an '1,000 to a Oouncllmember In the current or precedfn& elecllon period? V__ No_ II,., state -'Ida Coundlmember(s): . . · (N0T2: AUd IddltJDuJ .... · . ""te: 10- t r ~ &f c;- nt C..l r.~n~_ftF.iA A....~.ft~ Prnie~t ManaRer PrI,,, or type DIme or ClODlractot/lppllcsnt . ts!e1" *ftMI eJ: eA", ~"".. ~ ,....,., JoIN....... III r r '-'" --' cW.".,.,.. ",,.IIa'~"pol'" ~.........."....... flail .11I "" fJfIw --"Y, ., _1OWII'y. dIy ~1if1, ..... ", .". ""1I.,wr~ " "" .., ,." ., """"lIfl .... · , .- e COUNCIL AGENDA STATEMENT Item No. Lt Date 12/19/95 ITEM TITLE: PUBLIC HEARING: Reviewing and Adopting the County of San Diego Integrated Waste Management Plan and Countywide Summary Plan and Siting Element SUBMITTED BY: Conservation Coordinator ''\, ~~; . ----- " " REVIEWED BY: City Manager,. 1 \t\\ j 4/Sth Vote: Yes_NoX Staff recommends the public hearing be continued to the meeting of 1/16/96. It-! ~J~ ~~ ~~~~ -- ---- CITY OF CHULA VISTA OFFICE OF THE CITY CLERK TELEFAX COVER LEITER Telecopier No. (619) 585-5612 DATE: j / /;!~/; ~~ / / TO: Star News Legal / Martha FAX NO: (619) 426-6346 FROM: C~,~(ti SUBJECf: /""I ' I /:.4-.- 0< ~-<~~) /, TOTAL NO. PAGES (including cover): ~ PUBUCATION DATE: / ~s;A: S- / / If all pages are not received, please call Carla @ (619) 691-5041. 276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5041 '* "'{#aIlW ""-'_ ~J . .( NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of the City of Chula Vista, California, for the purpose of reviewing and adopting the County of San Diego Integrated Waste Management Plan. The Plan consists of the Countywide Summary Plan & Siting Element. The City of Chula Vista has prepared and transmitted staff comments on the preliminary draft of the County wide Plan pursuant to Section 41750 of the Public Resources Code. The final comments regarding the County Plan will be submitted to the County and subsequently the California Integrated Waste Management Board for review and approval. Contact the City Conservation Coordinator at 691- 5122 if you have questions regarding the document. Any petitions to be submitted to the City Council must be received by the City Clerk's office no later than noon of the hearing date. If you wish to challenge the City's action regarding the adoption of the Nondisposal Facility Element, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, December 19, 1995 at 6:00 p.m. in Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: November 15, 1995 11-10-1995 04:15PM FROM --W'<<A-;J. ,,"-,yya P.O.BoxjZ07.':- 1279ThirdAVenUe ChuIa Vistri. CA. 91912 Chula Vista, CA.91910 FaX# (619) 426.634~ Phone # (619) 427-3000 TO 5855512 P.01 Seed to: C/'7 6'" C. V"yl'"Z CL Atfn: C/rJt/../i Machine Phone #: 5F:S'" -56/ ~ N~mber o~ pages.~entl counting this cover page: . ...: :7?l#/tr/hl .;>-- Sent by: . . :t; "Just the fax, ma'am'~ ~i?:.~~--.:.~ ,:,:.:;,.:;..__'t..,_-_ ~--;;:"'..:..-..::==-~::::; .~..:~.~ :r-.=--==-"::'=-= ag;.~=-=-~ ~-~.....::.~-: ~~~~~.:::= ~:::,::..!~_-:~ .~~-==:; ~..s.~=':~.iI:.~.;.;.:r ~~=..~~~ ~ II it happens in the Eouth Bay it's neWI10 us Message: '~~lT po;Fj S /6Aj ~ervR /Y 7i:; A1~ #-.r~ ~~Nk..s ~ Th~; -, N lA'!!:\r=_..~~S " ~~ ~. . E[~........._u~ _...._... _ ~.. .. ......... _.''':'': __'. t._' ......_~. .'._": "r..:."':......~,..~-.~"!;--r.~:..<"-A':"':. n"'-~!.'~-"':"'!:_..':'-:" :~:.:'..:::'.~~.1:.':.~~:r'~~:....:~~.;~:"::.:'~~v...:..":"'r~.....';::~~:.~~..:..~ :'!.:;.:e:..:~~~.~~:' '.1~.;7!:~ s~~~~ . ;;';';~.:;:=;a _'C::::..:..-=::.~ _~"':~_::=:=:A";'J j!~-==r.:- -'-~'-'--:r.o? ~..,...-.::-....=:=.~ ~.i~.~~~; :,:,~-;=::'=-.s~ }~ '. ' i,1 . /(~/ jl!IU .9'7 d/ 2~ t?l,jJ,Ar n /; ;pY .Ji,l' Zl ;/Ie, 7 cr'" P ~) L / rJ~v:J ,~~ ~-.([~ 1 ~J~ {Y ~- /{ ~7/ NOTICE OF PUBlIC HEARING BY THE CHULA VISTA CITY COUNCIL CHUlA VISTA, CALIFORNIA NOTICE IS HEREBY GI- VEN THAT A PUBLIC HEARING Will BE HELD BY THE CIlY OOUNCL of the City of ChuJa VISta. Cali- fornia. for the wrpose of re- vivwing and adOpting the ' County of San Pi!lgo inte- . /V} I. - /- grated Was. ~ / /11.-:'.116 .f/"':.!."'" / Plan. Tho PIM emnlS 0 . . c ,'} J , , the Coun~ mmaIY . ~~.'5 ,STS Plan & Siting Element . The City of Olula VISta has pre~ and lnInSm~- t8cl staff c:ommenl$ on Ih9 Dnll"lIIIinary ~ of the tounty wide pum@flt to Section 41 of the Pu- bfic Resou"* Codo. The final communts regarding the County plao WiI\ bel .: submit18d 10 the County and 6UbseqU80\lO California /';;.- ~::m~d fg~~ /(0~~5't' approval. Contaet tho City CrinselYation Coordinator at ~-5122 if 1,011 have 'lues- lIOnS regardJng the docu- ment. . . . Any pell10ns 10 be submit- .. . ,'; .. ted ID the CiW Cwrx;il mU$\ ....;.; .'~' .: bo received by thO City .. . .;- .:.. ' . '\ Clerk'S offICe no later 1han '.. : ..... ..:.... .: noon of lho hearing elate. . ....; .' ; . . . If.Y.OO wish >> challenge /' L :.:..': ,:'. .. the city's aG1ioIl en 1ft. ~ .D lA. . ..,..,.,....: . t<<IReew'...you may beUm- '\;:: . .:. '., ' . ited 10 raising only those is- ..- '. .. ...... sues tau or someone elso \;' ?::~/ti ~~:d ~e~:~~~ . .,..:':' \:~i written eorTesP.;>ndane9 de- , . :_' \.:: '.:'. livered b thevi1y Clerk's Of- .... :..:. flCe at or prior to the public houring. SAID PUBLIC HEARING WIll. BE HELD BY 1lE CrTY COUNCIt. on Tue&- day, December 19, 199$ at 6:00 p.m. in the Coundl Chambel'$, PUbrlC Services Building, 276 Fourth Avenue. at which limo .any person desiring b be heard may~. DATEO: Novembet 15, ,ggs CV00859 .. ' t:,. . : .:. ~i , ~. . ../': ':. : .." ," ':. ..... .,.. , ~". ., , .. ~~.' . ',', . " .",' .... ;. " ..:" ':..:\.:'~:.:~" .:.~ ,': ::: . ,:..: ~~ '," ".' .~ . M~, to' .... .~ '; :::-/~:;: ~ I'..: ;'.' , . ':.. ',' .... ::.':,:"J :. ~::. \.:.'~ ': .~: 'I~'.~ \' .~~~:.; ...... " Ow t,' ... ~.. ... ,.:.~: 'i ::: ~ ::,'.i .~.::~' ;':: :..::.~; : ,.: ' ': ~. '.: ". . t,'" .. ...... . " . ..' . ... ". ~ . ',: :,' . . :;~'. . ~~ :::-:. :~~':;?.~.::/.::: ".. . .... ", .... .... . . :... .. . . '" .. .... ..., I ,..'.(, .. " . ....: " .":..: ,.;'.', ' " '. ; :" . .~. :' . . ~ /.>:. :~:. ,:> .....:i~ ~:..~. '.~ . . ~ . . ,,', ~.-;" .' : '. . :'~', f ,::. ~. .~.: ;}?:\~:.:: ~:..~ \:f.:.(.>; . .- . " .. . . :~~::.:.~~.:.:';..~ :.;:~ ~ '::.'. :;" - ': ~~~:f' ~. . . ' .i i", .': . .... '. ""':-' ,. .' '. .... ,.'; :. ". ..... :. , '. .: ,~ .' '. , -. . :" :, .. .,. _. . .. .", ~ t.. 11-10-1995 04:17PM 1 M5.95 FROM TO 5855612 P.02 . p/ , /4.. n 1 Yr _ ref,,-,~1J~~(.J p~ __c~~7i~,.,j /7f' //!~. /1 (., 1., '~.. J. J, ./:. Veil:le J? r ! i/~-lnct./.5)'?/'.5';C / ac,/.1 ~ / , ~ -' ., . . .~! ' ':',i' :.'. " <,.~~.' ~.:...'.,';"..,-'~~.... :.;~C " .~~"" :.-~ :~..,. ..' '. . .' '. ..."".' ' ,: ":,.,>~j?~<T;,, ,',' , . . ~.. . ... ~ (....i ."'!' _ _:--' _.___.M .. ." .... ~ _ ',' ': " ~; d,;' f";"\d' ", ': ,:::,~1~~~!;g~;f\? ',:C,;,'::,T7;;;!.t::~0'~~ NOTICE OF PUBLIC HEARINGS BY THE CITY PLANNING COMMISSION AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARINGS WILL BE HELD BY THE CITY PlANNING COMMISSION AND THE CITY COUNCIL of the City of Chula Vista, (elli/ornia, for the purpose of considering a tentative subdivision map known as Unit 12 at j,astlJake Greens, Chula Vista Tract 96-02 located at. the southwest quadrant of South (jreensview Drive and Hunte Parkway within the EastLake Greens Planned Community. The app I icant, EastLake Development Company, proposes to subd ivide 21. 5 acres into 95 lots and make all required publ ic improvements. A copy of the tentative map is on file in the office of the Planning Department. The Environmental Review Coordinator has determined that this project implements and falls uJlder the purview of previous environmental analysis conducted under EJR-86-04 and Addendum EJR-86-04B and that no further environmental review is necessary. !\11Y written comments or petitions to be submitted to the Planning Commission and/or City ('()uncil must be received in the Planning Department no later than noon on the date of the hearing. Please direct any questions or comments to Project Planner Luis Hernandez in the Plannll1g Department, Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue, ('hula Vista California 91910, or by calling 691-5090, Please include the Case Number noted at the bottom of this notice in all correspondence. 11 you wish to challenge the City's action on this application in court, you may be limited to [;lIslng only those issues you or someone else raised at the public hearings described in this notice. or in written correspondence delivered to the Planning Commission and/or City Council at or prior to the public hearings described in this notice. A copy of the application and accompanying documentation and/or plans are on file and available for inspection and review at the City Planning Department. SAID PUBLIC HEARINGS WILL BE HELD BY THE PLANNING COMMISSION ON Wednesday, November 29, 1995 at 7:00 p.m. AND BY THE CITY COUNCIL ON Tuesday, December 19, 1995 at 6:00 p.m. 130th hearings will be held in the Council Chambers, Public Services Building, Chula Vista Civic Center. 276 Fourth A venue, at which time any person desiring to be heard may appear. Date: Case No: November 15, 1995 PCS-96-02 !: /4</ '4; 1J-,)/1 /1 il/. ~jO/J "'/f' i,;/~A,. /:' f?~c" / ]i' /'J/~1 !. '2", / ../A <-v' '/ . . .;/! 1'/ . / ~.4, , !p,frt - lrl / _~J (. /' ,/ - ,10TICE OF PUBLIC HEARINGS h & THE CITY PLANNING COMMISSION AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARINGS WILL BE HELD BY THE CITY PLANNING COMMISSION AND THE CITY COUNCIL of the City of Chula Vista, California, for the purpose of considering a tentative subdivision map known as Unit 12 at EastLake Greens, Chula Vista Tract 96-02 located at the southwest quadrant of South Greensview Drive and Hunte Parkway within the EastLake Greens Planned Community. The applicant, EastLake Development Company, proposes to subdivide 21.5 acres into 95 lots and make all required public improvements. A copy of the tentative map is on file in the office of the Planning Department. The Environmental Review Coordinator bas determined that this project implements and falls under the purview of previous environmental analysis conducted under EIR-86-04 and Addendum EIR-86-04B and that no further environmental review is necessary. Any written comments or petitions to be submitted to the Planning Commission and/or City Council must be received in the Planning Department no later than noon on the date of the hearing. Please direct any questions or comments to Project Planner Luis Hernandez in the Planning Department, Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista California 91910, or by calling 691-5090. Please include the Case Number noted at the bottom of this notice in all correspondence. If you wish to challenge the City's action on this application in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice, or in written correspondence delivered to the Planning Commission and/or City Council at or prior to the public hearings described in this notice. A copy of the application and accompanying documentation and/or plans are on file and available for inspection and review at the City Planning Department. SAID PUBLIC HEARINGS WILL BE HELD BY THE PLANNING COMMISSION ON Wednesday, November 29, 1995 at 7:00 p.m, AND BY THE CITY COUNCIL ON Tuesday, December 19, 1995 at 6:00 p.m. Both hearings will be held in the Council Chambers, Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue, at which time any person desiring to be heard may appear. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require special accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please contact Nancy Ripley for specific information at (619) 691-5101. California Relay Service is available for the hearing impaired. Date: Case No: November 15. 1995 PCS-96-02 SEE LOCATOR MAP ON REVERSE SIDE. . ; ) - _rn~ 2:. L.' ,1 {--- ( t /{, L ,;1c,c,<---, " / 01-7. PROJECT LOCATION CHULA VISTA PLANNING DEPARTMENT LOCATOR ~~~: Eastlake Development Company PROJECT DESCRIPTION: C) SUBDIVISION PROJECT Eastlake Greens Request: Proposal of 92 single family lots in the Eastlake ADDRESS: Greens Unit 12, RP13 area. 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XX)( XxX )()c.)c)t')oc)t )()(XX)C:X )oC)t)l")c.'><X XXXX)(X ) COUNCIL AGENDA STATEMENT Item ~'L Meeting Date 12/19/95 ITEM TITLE: Public Hearing: PCS-96-02; Tentative Subdivision Map for the EastLake Greens Unit 12 Chula Vista Tract 96-02, involving 92 single family lots, two common open space lots and a private park parcel on 21.5 acres at the southwest corner of Hunte Parkway and South Greensview Drive - EastLake Development Company Resolution /$lrteving Chu1a Vista Tract 96-02, a tentative subdivision map for 92 single family lots, two open space lots and a private park parcel on 21.5 acres at the southwest corner of Hunte Parkway and South Greensview Drive SUBMITTED BY: Director of Planning dJ( //1L/ REVIEWED BY: City Manager ...l i! l .. . r: ) ., \ ' i (4/5ths Vote: Yes_No---.X.) The applicant has submitted a tentative subdivision map known as EastLake Greens Unit 12, Chula Vista Tract 96-02, in order to subdivide 21.5 acres into 92 single family detached lots, 2 open space lots and a private park parcel (see Exhibit A). The project site is identified as Parcel R-12 in the EastLake Greens SPA (Sectional Planning Area) plan and is located at the southwest corner of Hunte Parkway and South Greensview Drive (see locator! Exhibit B). The Environmental Review Coordinator has determined that the project implements and falls under the purview of EIR-86-04 and Addendum FSEIR-86-04(B) and that no further environmental review is necessary. RECOMMENDATION: Adopt attached resolution approving Tentative Subdivision Map EastLake Greens Parcel R-12, Chula Vista Tract 96-02, in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: At its November 29, 1995 meeting, the Planning Commission voted 6-0 to recommend approval of Tentative Subdivision Map EastLake Greens Parcel R-12, Chula Vista Tract 96-02. /7~/ Page 2, Item --.!? Meeting Date 12/19/9:' DISCUSSION: Site Characteristics The project site is a level development pad created as part of the South Greens mass grading program. The relative elevation of the site to the street decreases from west to east and from south to north towards the project's main access point. The project site is bounded on the north by South Greensview Drive, on the south by Orange Avenue (located approximately 10- 15 feet below), to the east by Hunte Parkway (25-30 ft.below) and on the west by a vacant residential parcel (see Exhibit A). Lot C, which is identified as Parcel P-5 in the SPA Plan, is a 3.3 acre private park site located at the northeast corner of the subdivision (see Exhibit B). The park site terrain includes 5: I slopes along the east and west property lines, while the central portion slopes from north to south. Zoning and Land Use Zoning Land Use Planned Community District Land Use Designation* Site PC (Planned Community) - Residential, Vacant North PC (Planned Community) - Residential, Vacant South PC (Planned Community) - Residential, Vacant East PC (Planned Community) - Residential, Vacant West PC (Planned Community) - Residential, Vacant RP-13 RP..,8 / OS (Otay Ranch) RS-7 RP-8 * See EastLake Greens Planned Community District Regulations, Exhibit C-l. Proposal The proposed tentative map consists of 92 single family detached lots, 2 open space lots (lots A and B) located along the three street frontages, and a private park lot (lot C) located at the northeast corner of the subdivision. The subdivision design consists of two loop roads connected by a single access point to South Greensview Drive. The majority of the residential lots are 40-45 foot wide, except for those lots with frontages along a street knuckle which are shown as 30-35 feet. However, these parcels meet the minimum lot width when measured at the front setback line. I?';l Page 3, Item _ .j 7 Meeting Date 12/19/95 Analysis An amendment to the EastLake Greens General Development Plan (GDP) and Sectional Planning Area (SPA) Plan was considered and approved by the City Council on December 12, 1995. As part of this amendment, Parcel R-12 has been expanded from 14.3 to 18.2 acres and reconfigured around a 3.3 acre private neighborhood park which has been incorporated as part of this subdivision. The added acreage and reconfiguration of this parcel is reflected in the proposed Planned Community District Regulation Land Use District Plan (amended by Ordinance) and it is expected to be in effect by January 16, 1996 after the second reading of the Ordinance. For this reason, staff is recommending that approval of this project be contingent upon the PC District Regulations Land Use District Plan (PCM-96-02) taking effect. Based on this contingency, the analysis presented in this report assumes the new land use designation, parcel configuration, acreage and designated number of units for this parcel. Compliance with EastLake Greens General Development and SPA Plan The EastLake Greens General Development Plan (GDP) designates Parcel R-12 as Residential Low Medium Density, (LM) (3-6 du/ac) and parcel P-5 as Parks and Recreation (P). The target density and number of units established in the SPA plan is 5.1 du/ac and 92 units. The project, as conditioned, is in compliance with the GDP and SPA. Compliance with Planned Community Regulations The EastLake Greens Land Use District Plan designates the site as RP-13, Residential Planned Concept (see Exhibit C-l). Within this land use designation lots are required to be 3,000 sq. ft. with minimum dimensions of 38 ft wide and 50 ft. deep. The subdivision's average size parcel is 42 ft. x 100 ft. with an average lot area of 4,200 sq.ft. Thus, the subdivision design is in compliance with the lot standards contained in the Planned Community District Regulations (see Exhibit C-2). /7/3 Page 4, Item Meeting Date /1 12/19/95 Conclusion With the approval of amendments to the EastLake Greens General Development Plan, Sectional Planning Area Plan and Planned Community District Regulations as previously noted, this project will be in compliance with all applicable regulations. Thus, staff recommends approval of the project in accordance with the attached Planning Commission Resolution. FISCAL IMPACT: The applicant has paid for all costs associated with the processing of this tentative map. Attachments 1. City Council Resolution '1 Exhibits 3. Planning Commission Minutes and Resolution 4 Addendum to FSEIR-86-04(b) 5. Disclosure Statement (m :\home\planning\luis\pcs9602.a] 3) )?,'/ RESOLUTION NO. /0/ /7 c A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE GREENS PARCEL R-I2, CHULA VISTA TRACT 96-02 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as Unit 12 of EastLake Greens Tentative Subdivision Map, Chula Vista "rract 96-02; and for the purpose of general description herein consists of 21.5 acres and located on the west side of Hunte Parkway between South Greensview Drive and East Orange A venue. \vithin the EastLake Greens Sectional Planning Area of the EastLake Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on September 8. 1995 EastLake Development Company ("Owner") filed a tentative subdivision map application with the Planning Department of the City of Chula Vista and requested approval of the Tentative Subdivision Map for EastLake Greens Unit 12, Chula Vista Tract 96-02 in order to subdivide the Project Site into 92 residential lots, 2 open space lots (lots A & B) and one park lot (lot C) ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of 1) a General Development Plan. EastLake II (EastLake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 ("GDP"); 2) the EastLake Greens Sectional Planning Area Plan, previously adopted by City Council Resolution No. 15199 ("SPA"); and]) a Tentative Subdivision Map, previously approved by City Council Resolution No. 15200 ("TSM"), Chula Vista Tract 88-3, all approved on July 18, 1989; 4) an Air Quality Improvement Plan, EastLake Greens Air Quality Improvement Plan (AQIP); and 5) a Water Conservation Plan, EastLake Greens Water Conservation Plan (WCP); both previously approved by City Council Resolution No. 16898 on November 24, 1992; and 6) a ClDP, and SPA amendment previously approved by City Council Resolution No. __ on December 19, 1995; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 29. 1995, and voted (6-0) to recommend that the City Council approve the I r->.-- I) / - Project, based upon the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on December 19, 1995, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine ancl resolve as follows: II. PLANNING COl\lMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public heari ng on the Project held on November 29, 1995, and the minutes and resolutions resu 1 ti ng therefrom. arl' hereby incorporated into the record of this proceeding. III. PREVIOUS EIR-86-04 AND ADDEl\'DUM EIR-86-04B REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and approved EIR-86-04 and Addendum FSEIR-86-04(B) and therefore no further action by the City Council is necessary. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to (Jovernmcnt Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for EastLake Greens Unit 12. Chula Vista Tract No. 96-02 is in conformance with the elements of the City's General Plan, based on the following: a. Land Use The EastLah~ C;recns General Development Plan designates parcel R-12 as Low/Medium density Residential (3-6 du/ac) and parcel P-5 as Parks and Recreation (P). The target density is 5.1 du/ac with a maximum of 92 dwelling units. The project, as conditioned, is in compliance with the GDP and SPA. b. Circulation All of the on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Greens Public Facilities Financing Plan and , r7 / /, - t./ Development Agreement. The public streets within the Project will be designed in accordance with the City design standards and/or requirements. The adjoining street system was designed to handle the anticipated tlow of traffic from this and other area projects. c. Housing The EastLake Greens Affordable Housing Program and Agreement has been adopted and incorporated into the SPA Plan to ensure that a minimum of 10% affordable housing including a mix of housing types and lot sizes for single-family, townhouses, condominium and various apartment densities will provide a wide spectrum of housing prices for persons of various incomes. d. Conservation The Environmental Impact Report EIR-86-04 and Addendum FSEIR-86- 04(B) addressed the goals and policies of the Conservation Element of the Cleneral Plan and found the development of this site to be consistent with these goals and policies. e. Parks and Recreation. Open Space The EastLake Greens SPA Plan provides public parks, tfails and open space consistent with City policies. The project will implement in paft conditions of approval for the EastLake Greens SPA Plan requiring grading and conceptual design of a :3 acre private park. f. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. g. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency scrv Ices. I ---7 7 h. Noise Noise mitigation measures included in the Environmental Impact Report EI R -86-04 and Addendum EI R-86-04B adequatel y address the noise policy of the General Plan. The project has been conditioned to require that all dwelling units be designed to preclude noise levels over 45 dBA. Additionally, all exterior private open space will be shielded by a combination of earth. berm, wall, and/or buildings to limit the exterior noise exposure to 65 dBA for all outside private patio areas. 1. Scenic Highway The project site is located adjacent to a designated scenic highway and an average 75' wide landscaped open space buffer and a decorative wall will. be provided along the East Orange A venue and extended along Hunte Parkway. J. Bicycle Routes Bicycle lanes have been incorporated within the EastLake Greens Planned Community area design and are presently in use. The public streets within the project are of adequate width to accommodate bicycle travel within the interior of the subdivision. k. Public Buildings No public buildings are proposed on the project site. The project IS subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the COllncil certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the availahle fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum sitting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for sllch projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed devclopment. '7_ X. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the genera] and special conditions set forth below. v. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Tentative Subdivision Map which is stated to be conditioned on "General Conditions". is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map Chula Vista Tract 96-02 and EIR-86-04 and Addendum FSEIR-86-04(B) except as modified by this Resolution. B. Implement I\-litigation l\leasures Developer shall diligently implement. or cause the implementation of, all mItIgation measures pertaining to the Project identified in the Final Supplemental Impact Report for EastLake Greens E[I(-86-04 and Addendum FSEIR-86-04B. C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of approval of the EastLake (;reens Tentative Map. Chula Vista Tract 88-3 established by Resolution No. 15.200 approved by Council on July 18, 1989 and Amending Resolution 17618, and shall remain in compliance with and implement the terms, conditions, and provisions of EastLake (jreens Sectional Planning Area, EastLake Greens Planned Community District Regulations. the EastLake Greens Development Agreement, the Water Conservation Plan and the Air Quality Plan. Design Guidelines and the Public Facilities Financing Plan as are applicable to the property which is the subject matter of this tentative map. prior to approval of the Final Map or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require, assuring that after approval uf the Final Map. the developer shall continue to comply with, remain in compliance with, and implement such plans. D. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the EastLake Greens Public Facilities Financing Plan ("PFFP") as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at thei r discretion. modi fy the sequence of improvement construction should conditions change to warrant such a revision. Developer further agrees to abide by any subsequent amendment to the PFFP made by the City that addresses the park improvement obligations of the Developer, including but not limited to, the dedication of parkland, the construction of the Community Center and Gym or r)_ Lj / I / such other park i I1lproveml'nts. E. Contingency of Project Approval Approval of this project is contingent upon the PC District Regulations Land Use District Plan taking effect (PCM-96-07). F. Design Approval Developer shall develop the lots in accordance with plans which shall be submitted for review and approval under the City's design review process prior to submittal for building permits. VI. SPECIAL CONDITIONS OF APPROV AL Prior to approval of the final map unless otherwise indicated, the developer shall: STREETS, RIGHTS-OF-WAY AND II'vlPROVEMENTS 1. Design and construct all streets. public sewcrs and storm drains to meet City standards or as approved by the City Engineer. Submit improvement plans for approval by the City Enginecr detailing the horizontal and vertical alignment of said streets, sewers and storm drains. 2. Construct or agree to construct all improvements interior to the subdivision (streets, sewers, drains, etc) deemed necessary to provide service to the subject subdivision in accordance with City standards. 3. All storm drains serving this subdivision shall be connected to the existing 30" RCP storm drain in East Orange A venue unless evidence satisfactory to the City Engineer is presented to demonstrate available capacity downstream of proposed points(s) of connection and the feasi bi Ii ty 0 f proposed storm d rai n al ign ment. 4. Construct or agree to construct East Orange Avenue, from Hunte Parkway to the westerly boundary of the SDG&E easement westerly of the subdivision. 5. Provide an irrevocable oller to dedicate (100) oil site street right-of-way necessary to install public street improvements for Hunte Parkway from Clubhouse Drive to East Orange Avenue and East Orange Avenue from Hunte Parkway to the westerly boundary of the SDG&E easement \vesterly of the subdivision boundary. 6. Grant on the final map along the I"rontage of the subdivision: a) A 10 ft. wide easement for utilities along (Jreensview Drive b) A 10 ft. wide easement for utility, side\valk purposes and future street easement purposes along Hunte Parkway; entire area of said easement shall not exceed 5: 1 ! """;7 j / 1,....- <-. > slope. c) A 20 ft. wide landscape easement and 10ft. wide utility easement along East Orange Avenue. Slope of said easements shall not exceed 5: 1 ratio. 7. Submit and obtain approval from Director of Planning and City Engineer for street names. 8. Present written ventlcation to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. GRADING 9. Obtain permission to grade: grade and install swales and/or ditches necessary to drain future Unit R-IO away from the westerly boundary of this subdivision. 10. Provide an updated preliminary geotechnical investigation that addresses the proposed earthwork shown on the Tentative Map, and changes in geotechnical references and standards. 11. Submit and obtain approval of the City Engineer for an erosion and sedimentation control plan together with grading plans. 12. Change grading plans to rcllect a cross section at top of slopes of open space lots showing a minimum distance of 2' from the face of the perimeter wall to top of slope and shows the back of the perimeter wall at the property line. 13. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition bet\veen the two situations. AGREEMENTS 14. Enter into an agreement with the City whereby: a The developer agrees the City may withhold building permits for any units in the subject subdivision if anyone of the following occur: ]. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. ]]. Traffic volumes. levels of service, public utilities and/or services exceed the adopted City threshold standards. I '--7_ ../ / b. The developer agrees that the City may withhold building permits for any of the proposed development if the required public facilities, as identified in the PFFP and Condition No. J and Table I of Resolution 15,200 or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City Planning Director and City Engi neer. 15. Agree to defend. indemni fy and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission. City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 16. Agree to hold the City harmless from any liability for erosion, siltation or increase now of drainage resulting from this project. 17. Agree to insure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies \vho are. and remain in compliance with, all of the terms and conditions of the franchise and \vhich are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. OPEN SPACE/ASSESSMENTS 18. Offer to grant in fee open space lot,; A and 13 on the final map for this subdivision. 19. Open space Lot 13 shall provide a minimum IS ft. wide area for landscaping between the back of sidewalk and the subdivision perimeter wall. 20. Note on the final map for this subdivision the use of Lot C as a private park. 21. Submit a list of all facilities located on open space lots to be maintained by the existing EastLake Open Space District No. I. This list shall include a description, quantity and unit price per year for the perpetual maintenance of all facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, access roads. drainage structures and landscaping. Only those items on an open space lot are eligible for open space maintenance. Each open space lot shall also be 'r-:; ,I) I... ./ ........ broken down by tile numher of acres of turf, irrigated, and non-irrigated open space to aid the esti mat ion of a main tenanc:~ budget thereof. 22. Comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1. CO 94-064, approved by Council Resolution R17483 as said terms and cond i t i on s Illay be appl i cah 1e to tll i s development. 23. Make payment to reduce the debt on the subject property as the result of lower density than assumed for the assessment district at the time of District formation. The amount of said payment shall be determined by multiplying the difference between the actual and assumed number of units multiplied by the estimated assessment (or principal outstanding) per unit. 24. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of lot line adjustments and subdivision of lands within the boundary. Request apportionment and provide a deposit to the City estimated at $25/unit!district to cover costs. MISCELLANEOUS 25. A detailed construction phasing schedule for the construction of private and community parks shall be suhmitted to the Director of Parks and Recreation and Planning Department for review prior to issuance of tile first building permit. 26. Tie the Boundary of the subdivision to the california System -Zone VI (1983). 27. Submit copies of tile Final r-.1aps and improvement plans in a digital format such as (DXF) graphic file prior to approval of each final map. Provide computer aided design (CAD) copy of the final map based on accurat~ coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital submittal in duplicate on 5- 114 HD floppy disk to the approval of each final map. 28. Submit a preliminary landscape plan for Lot C to the Parks and Recreation Department Landscape Architect for review and approval prior to approval of the park grading plan. Submit preliminary plans and water management guidelines for all landscaping in accordance with the Chula Vista Design Manual. The landscaping format for the project shall be in substantial conform,\!ll'e with Section 6.4 (General Landscape Concept) of the EastLake Greens SPA. 29. Provide a landscape design and install landscaping in accordance with said plans for the for the full length of Orange Avenue and Hunte Parkway. Said design shall represent an average 75 1'1. from back of curb and shall be submitted for approval by the Parks and Recreation Landscape Architect prior to or concurrently with the first site plan approval. Incorporation of identi fication of a neighhorhood entry (Hunte Parkway and East Orange Avenue) shall be included in thIS design. /"7_ 1"( 30. Provide a noise study addressing noise impacts generated by major streets surrounding the project (East Orange A venue! Hunte Parkway! South Greensview) and shall take such action as is necessary to mitigate noise to acceptable levels prior to issuance of building permits. CODE REOUIREI\1ENT CONDITIONS OF APPROV AL 31. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Cl1ula Vista Subdivision Ordinance and SUbdivision Manual. 33. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 34. Pay the following fees in accorddnce with the City Code and Council Policy: A. Public Facilities Developmcnt Impact Fees. B. Signal Participation Fees. C. All applicable sewcr fces. including but not limited to sewer connection fees. D. Interim Pre-SR-125 Impact Fee E. Telegraph Canyon Se\',:n Pumped Flows Development Impact Fees F. Salt Creek Sewer Basin Devclopment Impact Fee Pay the amount of said fees in effect at the time of issuance of building permits. VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur. or if they are, by their terms, to be implemented and maintained over time, if any of stich conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all apprO\als hercin granted, deny, or further condition issuance of all future building permits, deny, revoKc, or furthcr condition all certificates of occupancy issued under the authority of approvals hcrcin granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. VIII. INVALIDITY; AUTOI\Ii\TIC REVOCATION / ,.-) .' / .' /.1 ...-. It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of cach and evcry term, provision and condition herein stated; and that in the event that any onc or more terms, provision, or conditions are determined by a Court of compctent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Lei ter Director of Planning , () /"'-.--- 'n~m~ ~(~"-- Bruce 1\1. Booga(trd City Attorney m: \home\planning \11I is\pl' s9602 .l'l' 1'2 ! '--) ,r ''7 /']/7 /rI -- / / ATTACHMENT 2 PLANNING COMMISSION MINUTES AND RESOLUTION /'/~ --- 7 -" -/..:;;.--,,- . ~~-~ ~:_--- THIS PAGE BLANK _....~ -.~"~ ......_--:- ExcelJlt from Draft Planning Commission Minutes of 11/29/95 ITEM 4. PUBLIC HEARING: PCS-96-02; TENTATIVE SUBDMSION MAP FOR THE EASTLAKE GREENS UNIT 12, CHULA VISTA TRACT 96-02, INVOLVING 92 SINGLE FAMILY LOTS ON 21.5 ACRES AT THE SOUTHWEST CORNER OF HUNTE P ARKW A Y AND SOUTH GREENSVIEW DRIVE - EastLake Development Company Acting Senior Planner Hernandez gave the staff report, giving the project location and design. This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. MS (Willett/Davis) to adopt Resolution PCM-96-02 recommending that the City Council approve the Tentative Subdivision Map EastLake Greens Parcel R-12, Chula Vista Tract 96-02, in accordance with the findings and subject to the conditions contained therein. Vice Chair Ray asked if the landscape design would be in accordance with the City Landscape Manual. Mr. Hernandez assured him that it would be. VOTE: 6-0 (Chair Tuchscher excused) to approve. ..----a.. - ; - / / THIS PAGE BLANK - ~" ,",~..iiil ~'- ,..' ,', /') / / - ,-:' /: ' RESOLUTION NO. PCS-96-02 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDIVISION MAP FOR PARCEL R-12, CHULA VISTA TRACT 96-02, WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY WHEREAS, a duly verified application for a tentative subdivision map was flIed with the Planning Department of the City of Chula Vista on September 8, 1995, by EastLake Development Company; and, WHEREAS, said application requests approval to subdivide Parcel R-12, Chula Vista Tract 96-02, within the EastLake Greens Planned Community; and, WHEREAS, the property consists of 21.5 acres located on the south side of South Greensview Drive west of Hunte Parkway, and the proposal is to subdivide the property into 92 single family detached lots and 3 open space lots; and, WHEREAS, the Environmental Review Coordinator has determined that the project implements and falls under the purview of EIR-86-04 and Addendum EIR-86-04B and that no further environmental review is necessary; and, WHEREAS, the Planning Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., November 29, 1995, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission has previously considered EIR-86-04 and Addendum EIR-86-04B and, therefore, no further environmental action by the Commission is necessary . NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the Tentative Subdivision Map for Chula Vista Tract 96-02 in accordance with the fmdings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. ~:=~ cr, PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 29th day of November, 1995, by the following vote, to-wit: AYES: Vice Chair Ray, Commissioners Davis, Salas, Tarantino, Thomas, Willett NOES: None ABSENT: Chair Tuchscher John Ray, Vice Chair ATTEST: Nancy Ripley, Secretary m :/home/planninglluis/pcs9602. per . L::c..._. ~~.._,- ;r /) r: - _,;~.'t,:::'l"i - Jj ~._--+--- / :> ATTACHMENT 3 EXHIBITS THIS PAGE BLANK . cP. ~ /;/ .;;;1/" " . f = "' I / " lb ~ ~ ~ t\ ~ ~ ~ ~ " ~~ " I~. ~\I . . C t- - m - % >< W I ... ICI ~ : ... ~ :t: ~ t\ )., ~ ~ )." ::::i ~ " l" C) ~ ~ =- 't i:: l'l ~ , . . J I -4 /f~.~ I /' /' ~0~j EastLake Greens Site Utilization Plan , ' OI.l PROJECT LOCATION - CHULA VISTA PLANNING DEPARTMENT LOCATOR ~~: lastlake Development Company ~ECT DESCRJPnON: C9 SUBDIVISION PROJECT Eastlake Greens Reques1: Proposal of 92 single family lots in the Eastlake ADDRESS: Greens Unit 12, RP13 area. SCALE: FILE NUMBER: EXHIBIT B NORTH No SCale PCS.96.02 -=-~- , -; ,.~) / ---.;,.,'''', ~ . ~... I ~ ,-" . .~~ ~ ,~~/./ I ... ...--... \~' \~,~., '-'/ ( -- ~=::.=' \\ ~~ \... 'y:~~' '11 . _\ \ ... /).~- ... /f'\~~'~ ~ \r."~ ~\ I ,,~v-.:: It{~~~. '\~ ':; /I~ ~ ~ I~ __ .# ~V~ # -. ~ \,\\ ... .- ~ _ "'- ,'//.,;::l:~:\)i \~ c;~ ;-l '\ ~- ~~r: ~,:~l.~~ h: , ..z~ - ~""- - j,) IN --..\ \ ~~../~(l~l ...., ~J ... \\ -, '~~"~'\\ .., ..' I .\-:. ,\ - --- \ - \\... :g~:;'~L ~ )~;? -- ~~ I~ \\ ~~~(fU''/-~~''~'/'' ....-r ....3..?' III I #-=~ ;' /~( ,., /1t~\ - ,'v' I.#~ i~.~/~/ ~ .., ,;,."........ k.... I I ~ ..;' ~ J....C: II /1 ..........if....<<~ _",-,I I I ~ \ -, "); I / ,.., -" , "')-( I \.....-... /Wl . ,I' / I "M/,'-, '-.......~ I I l-~ I" _~"Y2 ... 'I~ r; '~/ " I '--11 --,~ \ 11!1 ... \\-..\~ 1 LJ " - "-., \ "'~"I \ L._'"""-....'-' /I -/",,--1 I I ,-,r~ ... ,...~~... \ ... ~\. 1-""1)~i!)~*:J~" ,,'" I (',,-:X' 1t-11 , r-;-r'~" - '-.!~ In \: '1-- \\ ' I'" l -;\ \ ~ ^- :~.., . n _n" -r \ I -~', "( ~. /' '--J) \ II' r---.::i VC.3) \\ \ ~ '\ ~\;~.... 'l'" III - ,~, (_.~ ,;:::;:-_. \ , \ N~' ..;( 1 '&a. ,r-~, , ~. ~ \ 1 }... ~\:'?... ~ J t'.1 k -,{ " ~ ~ \ q;-~, ~ V ~ v~s.~1l \v' lL/~~':"~\ -, ~ ... ,. ~ ,// # \ \\ . BJSIESS CENTER "V, ..s..~~~~/\ h.. ~' -...- c...........-...u... ~ '\ ' ( - - ~ \h " C . ec-2 -...- c..................... ~ - ~~_',,"I ~V " "~L fl\RlOSE "'....~Io'" .., """...... t ~ -~~ ........- a.-.... - . ..... a.- .... ... ..... ......-...... ............. ...... . , - ..... ..... - Land Use Districts PrOI)Osed AESIDENTlAL :::::: VI..LAGE CENTER ;' .... c.....__ we-I .... c.nr .. .. vc-a .... 0... .. 8IUrI ..:- LEASTLAKE c:cr.N.NTY If IASMICE DEVB.aMNT co .-=_LL__. ~- , r-..J ---..--... ..--, -..--- ==..~ C)~ ___I EXHIBIT C-1 ae.idential Propertr De.elopaent Itandard. Land UIUt Group BE as III Be U 1. Lot area (in net OOO'a aquare feet) 8 5 31 IP IP 2. Lot width (1n feet) '70 SO 38 IP IP (attached producta in RP diatr ict) 25 3. Lot depth (1n feet) 100 100 901..-11 IPSP SOI..-UI 4. Lot coverage (percent) 40 50 IP SP SP 5. I'ront yard .etbacka a) to direct entry garage 20 20 SP SP IP b) to aide entry garage 20 15 IP IP IP (ain;le atory garage in RS diatrict) 10 6. To main re.idence 20 20 IP IP IP '7. Side yard aetback: .) to adjacent reaidential 15/5 10/52 IP IP IP lot (min. total/one aide) b) to adjacent atreet 10 10 10 IP IP (corner lot) 3. Rear yard aetback 20 15 IP IP IP 9. Building height, maximum 283 283 283 45 45 (2 1/2 .tory max. RE, RS , RP district.) 10. Parking .pace. per unit 2 2 2' 1.5 1.5 (gar.) (gar. ) 1 bcl1"ll\.1 bcl1"ll\. unit unit 2.0 .51 2.0 .51 2 bcl1"ll\.2 bclrm. unit unit 2.5.51 2.5.p J bd%1ll. J bclrlll. unit + unit + .-------------- 1 May be modified for attached unita with lite Plan approval 2 RS-S Diatrict only, 13/3 in RS-'7 Diatrict J May be increa..d to 35 feet with lite Plan approval , Two car garage for RP detached unite, one car garage aneS one carport for RP attached unita (3/1/89) 11-4 .,..-~ / -;l. I . EXHIBIT C-2 1,'? ~---,\ ~J3-~ ATTACHMENT 4 FSEIR-86-04(B) ADDENDUM THIS PAGE BLANK .._fr,l = -; "'-; .- 'I . SECOND ADDD\1>UM TO ENVIRONMENTAL IMPACT REPORT FSEIR 16-04 (8) . PROJECT NAME: EastLake Greens GDP/SPA Amendment PROJECT LOCATION: Various parcels within the EastLalce G~s SPA between Hunte Parkway and the future SR-l25 Row north of the future E. Orange Ave. I. INTRODUCTION The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERC) to prepare an addendum to a Negative Declaration or Environmental Impact Report, if one of the following conditions is present: 1. The minor changes in the project design which have occurred since completion of the Final EIR or Negative Declaration that have not created any new significant environmental impacts not previously addressed in the Final ElR or Negative Declaration; or . 2. Changes in circumstances, additional or refined information available since completion of the Final EIR or Negative Declaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have or more significant impacts which were not previously addressed in the Final EIR or Negative Declaration. 3. The changes to the EIR made by the addendum do not raise new issues about the significant effects on the environment. D. PROPOSED PROJECT REVISIONS The Amendments proposed can be lrouped in the followin'lenc:raJ categories: 1. Park Relocations 2. Density Transfers and Pared Boundary Adjustments 3. Removal of Interim Designation on Parcel R-26 1. Park RelocatloDS The Neighborhood Park (parcel P-3) in the adopted plan was partially within the SDG&E easement and contained Jess than ten acres of net useabJe acres for park use. The park is proposed by this amendment to be relocated lOutheasterly of ~-f:~~ '1 -', .r , ' Second Addendum to FSEIR 86-04 (B) 2 Parcel R-20 and to contain 10.0 acres net useable for park uses (11.8 acres gross). This relocation deletes former residential Parcel R-21. The former location of the park is proposed to be converted to Public/Quasi-Public as an expansion of existing Parcel PQ-2. 'Ibis additional 11.0 acres will be available for Community Purpose Facilities. A second park relocation involves Parcel P-5, which was:l PriVate Neighborhood Park between Parcels R-20 and R-21. This park is proposed to be relocated near the intersection of South Greensview Drive and Hunte Parkway adjacent to Parcel R-12. No significant change in acreage is proposed. 2. Density Transfers and Boundary Adjustments Reductions in densities are proposed in eleven residential parcels. Increases in densities are proposed in four residential parcels. The net result of these density transfers is a 133 unit decrease in the overall residential density. Most of the density transfers are minor adjustments that reflect units achieved in the tract map and design review process. The following parcels are proposed to be changed in a more substantive way (more than 10 du): Parcel Proposed Chan~e , , , R-6 R-16 R-20 R-21 R-23 R-26 -12 +26 -37 -120. . -142 + 200 (The Adopted Plan provided this parce1 with an interim density.) ... . Boundary adjustments occur primarily as a result of Park relocations and are proposed to be reflected in the amended Tentative Tract Map. These adjustments result in a net loss of 11.8 acres of residentia1land. An increase of 11.0 acres has been added as Public/Quasi-Public (PQ) and the remaining 0.8 acres has been added as Park. The following shows the existing and proposed changes in land use and acreage on the General Development Plan. ~ // ./ ___ :iT~: Second Addendum to FSEIR 86-04 (B) 3 Existinl Proposed .' RESIOENTlAL. RESIOENTlAL. .' !--'nd Us, Acres dulle Units Lind USI AerG" dullc Units I~- 150.1 N JoG 1* .. N JoG III.' N IDOl LM &.IiI. .... 1m .,.0 ... tl103 M Mec:IUft 242.2 ..". tm M IMdUn 25U ..tI. 2DZ3 MH~ t25.C t MI. tll4 MH~ too.O U-tl. tie H High tI.O '~27. 250 H .. 2~.1 '..27. 1'0 .. TatII '0\1.7 M60 "T.. ,00&.8 1527 NON-RESIDENTiAL NON-RESIDENTlAL. LInd Use Aeres Lind Use Acres Retail 61.8 C RItIU 11.1 Prof. & Admin. ... CoO Prof. & AcIrnIn. ... R".I LIeS. Mfgf. '35.' ~R R".I LId. Mfll. t... Open Space 187.' 0 Open IpICIt '17" P..tlIICJQUI"'P~ . 1)7.1 PQ P~""'6lb. ,..... Parkll Rec. au P PattclI Rec. -~ Major CRulltion 2' ..., Major ~ 21~.' Sub-Total 103-0.2 Iub-TeU! ,042.0 ~Fl.Ill.lft Uttlen ~p [[JFlAln Uttlen '12.' -- Plojeet T otall 2' 2~ ., t660 PNjtct TClIaII '212'.1 1527 3. Removal of interim Destination for Parcel R-26 Parcel R-26 was liven an Interim Designation on the Adopted SPA Plan. This designation indicated that the density of 4.5 du/ae would be subject to future amendment to reflcct the Chula Vista General Plan. The Interim Desilnation was assigned to allow an Affordable Housina Propam for all of EastlaJce to be deve1o~. This prOirant has proceeded and has desianated this parcellS I site to implement a' portion of the Chula Vista Housin, Element requirement for Affordable Housing. The increase in density is proposed to allow this proaram to be implemented. """"-ccL2 -'- / /~v ': General Development Plar. AdoIlted """ HI AESIOENTIAL. LAND~ .eNS L W. IIQ.I """ '--,......... ... .. ....... leu .. -.-.-, ,... H ..,.. no ...,.., 10 'I.' N:lN -RESOENilAL. , . WJt 01 CIJIAt ~ \ ~, ,., ... lOOt . ." '"1 I PO H-" .... . '\ I "-J1. tIO '~ .'-I.~__ . 0"0 LM 11)) " --- 'po . LAND ~ ACIIIIE$ C...., .,.. ~~.~ u ... =~~ '.1 o .J QIaoI"OI 11,.. po ~~ ",.. , '-" . ----. ,". "'1IlI' ~ "" ...,.. ,C0Q.2 ~ ,..,. '*" ...... ,. 7U ,,,,. - IMO .., . ...... .... ... ...---.-.-------- . ..-------- .& E"ASTLAKE A fl1.N.ND ~ITY IV EASTlAKE DEVE1.OPtt'fNT CO _..fciL:-. / /-- ;;;;/ ~tmj~ ....., ,_iM ~ J ..-.._~. ~.. ra.~__ Exhibit 1 General Development Plan - ProIlosed RESIDENTIAL Lind Use Acres du/.e Units ILIw LM LIw~ M Medium MH MecliurWHigh H High ~TCItII 250.5 0.3 7G 381.0 o.e 1803 25' " 1-". 2C23 100.0 H.". 13oC& 2..3 '8-27. &'0 '006.8 6527 NON.RESIDENTIAL land Use Acres c R.tail &U COO Prof. & Admin. I.' loR Rn & Ud Mfgr. 135.8 o Open Space 117.1 PC Public/Quali-Pub. 1.1.8 . P Parb & Rte:. _.2 MljOt Cir~\ion 21".7 ~Total 'G42.0 ~FlWe Urtlen '72.8 Project TaIaIs 212' .. IS27 . ....... -- ..-....-.....- -- ....---- ..-----....- ..4 E"ASTLAKE A PL.NHD COM'd.HTY BY EASnAKE ~ co. ~:jy.- ~tmir-n LA/'lll ,_iMl 1 ...... t......-.. ...... ,..~_..- "lOtI' >/ ~ /--::; Exhibit 1 z-= Jtl I ~ ~~ ~'~e!:~I:I~I~~~I~::~'12;:t~I:I.. ...... ....... .. .. .. C\I" w.... ~~ .. -'~ a.. e, J ~ I ~~~~.~~~~~~~~~~~~~~~~~~~~~~~ I ~: NN~..~~~~~...~~~~.O.Nftft.O.... Z ~ .. .... · .- C) J ~h.OO.~.~..ft..Y~~..~.....ft... ! L-' ....ft~O..~..~..O...~OO~~~ft.. S ~ ...NNN...... .....H......H ......... · v N - ..J ;::: ::> w t - i E...' I ~ ~ I .. ~~ oil.fl ~ ~~I . ~~~~~~~~~~~~~~:,~~ ~.:!=ft;.ftH--h~. ~ ~I i; J,I .. 1)1 !'I II. Ii '. 111= J j ~-.-:.J--F' ~ ~~... ~~" WI6 w" ~c iiS(!) ~ . "Il. / -/') / /- / _____I ~./ EJ I ~ll~ :11 I 1.1 I III 1 1'1 I II, I )1 ' .. IP II I" ~IJ' ., '~DI - Z~Ji I I . ~ ~ · ~'I~!:I~t~=I:~:~11 1:':1':; . .,. .,.j ~ ~~.. ~ ~.. - - .. S; C. g.1} ~.... .~~~.lfI~~~lfI~.lfIlfI.~ ~lfI~.~.! I '- .......-..--..........:.... :....,.. = Z~ o I' -. ... ................~.......~ ~..-...N~ i 1-- ..-.~~O~.~..N--..... -O~~.... ~ ~WN~.~~ ft~W-_.~ -- -_ · C:( N ... -' i= ::) I ...........lfI..-...... .~~.O~ft-.ftW--~..~I.~ ....~ ~. . 'I JI!III I ~.lfIlfIlfIlfI.lfI~lfIlfIlfllfl.lfI .lfl~~ ~ ~~~~--~.~...-....~ ----~~~ ....O...................~.. II IIOOOOOOOOOOOOOOQQQQQQ QQQQ=OQ ccccc ccccc ~ - .! . j II · ._~.lfI."."'2-...~.ltl."~ I I~~~~~~~~~~~~~~~~~~~.~~~~~~~t ICCCCCCcc CCCCCCCCCl:CCl:CCCCCCCcc i j I ill ". . . i t . .-. -, .."J I -e;iL- -.~- ;/ /) /' '--..1 . /' .. I ~~n Wl6 ~!' iij(D ~ --....... --- --_. Land Use . Districts . AdoIlted fIESIOEHTlAL ----...... - - ::::::: -. ~ ........, - . DlIIrcI ~ ........, . - ...... VU.ACE CEN'TER ~' .... c..... _ ~J w.ee c.... . .. ~. .... 0... . ... ;,;. '. . --.....,..... ......... -- ......... -- ......... -- .......... .... .............. ........., - ......... - LFASTLAKE . ca-MNTY Ii IASnNCE DEVB.ClfMNT co. ~d-- '--7-~:' <' / / I.... ==:==:.~ -..-- M.....~-.- f!!L. . ,..... r-..--l Exhibit A ---.. --- ---... Land Use Districts ".' Pro!losed ... ~ .....--..- ad__-'_ ::::: ..Ji .... ,..,. . , .... ..... ___ a....._ ..... Cll..A4~..._ ....... ......, o.&Jl .. _ c.. A _.wi 0... J -"" - II ~ "-:t;;1Q8/ ~ . a ...... ......., ~... - . CIIIIrWt ~~~...-..~ YI.L.AGE ~ ~' .... c..._ \IC-' .... c.. . ... .0-. .... 0... . ~ .;. ........t_ ClIII.- ...... _ .......... - ClIII.-.... .._ ClIII.- ... .._ .........- ........., - ......... - ..4 E"ASTLAKE A flNND c:o.MHTY If wnm CI'VI..QfMNf CQ. . ~~o:c~~ --- ...--.. -.-..-., ----..-- ty)'S;"Il::l:\"" _._. ~ ,.... ~ 1110'" ~: /' Exhibit A Second Addendum to FSEIR 86-04 (B) .. m. CHANGES IN IMPACT ANALYSIS ~ The project site has be graded for sometime and this mirior shift in land uses and minor modifications to densities will not result in any change in the natural environment the provision of public facilities was programmed in the orilinaJ EastLake ODP/SPA at. specific density. The minor reduction and density shifts that part of this proposal would not significantly impact the' provision of these services. the minor Jeduction in population would result in . commensuration reduction in related impacts. IV. CONCLUSION ... Pursuant to Section IS] 64 of the State CEQA Guidelines and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary .to make the previously sited FEIR adequate under CEQA. v. REFERENCES EIR-96-04 EastLake Greens EIR-96-04 (A) Addendum IS-96-04 EastLake Greens GP A/SP A Modification General Plan, City of Chula Vista Title ] 9, Chula Vista Municipal Code -- ~ City of Chula Vista Environmental Review Procedures , -:c:~~ / ~/. //r. / / /' I.. i I ...:r>uli('nfrrl f(l Coc.,nlUnity grlL/('(' .. ~ IOULIWJtD. PMIG loN.L.EY. ~IA"," T1Lf~E f70.22Z2. MEA COOl '" .~ ..... ,-. ... .... :..' \ , ..~ " ~tI. ::-f'. ...-... . OCTO 4 199r: /j - (.~.;I: . "'" YIA ~AZ ..1-1171 , v.a. .al1 October 2, 1995 Mr. Douglas D. RiI!d Environmental Coordinator City of Chula Vista P.O. Box 1087 Chula Vista, CA 11912-1087 .e. 'ropose4 amen4ment ~o ~be A4opte4 Z.ltLake II QeDe~al Development 'lan (GD'), .el.te4 ~o ~be Z.ltLake a~eeDs aDd an amen4ment ~o tbe I'A 'lan, an4 ~be ~ent.tl.e ~~act )lap (18-"-05). Dear Mr. Reid: The Otay Water District (OWO) would like to have ample opportu- nity to review and respond to any environmental documentation (Negative Declaration or EIR) relating to the above referenced project. OWO may have site needs for the future 711-3 reservoir and other water facilities as well, thus requiring the site(.)'~~d pipeline routes to be called out on 'any adopted East!~ke II General Development Plan (GOP). \~ Please contact me at 670-2293 or John Garcia at 670-2213 if you need any information or have any questions with regard to water facilities or service. We look forward to reviewing and res- ponding to your completed environmental Initial study/Negative Declaration or Draft EIR. Sincerely, ~ f)7c-f1 Michael F. c~eman, AICP Environmental Specialist MFC: cp cc: !'im Stanton .Tim Peasley John Garcia Chris Craven Rebecca Patton ~~ . ~~c-- ,/f) --. /" Sweetwater Union Hlah School District AdmlnlstrJdon Center 1130 Fifth Avenue Chula VlstJ, Callfomla 91911-2896 (619) 691-5500 !. . ..;,...- . DIvision Df Punnln'lnd Fldlldes Ms. Barbara ReId City of Chula Vista Planning Departm(lnt 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. Reid: Re: Proposed EMt/ake Ceneral Development Plan Chanles The Sweetwater Unton Hiih School District does not object to the proposed amendments to the EastLake II General Devl!Jopment Plan. CommunItY Facllltles District No. 1 (CFD No.1) was established to mitigate this project's Impacu to schools. However, thank you for the notification, It Is lood that the distrIct Is kept Informed of these changes. Thomas Sliva Director of PlannIng 15/ml ___, ~ ,J, ~--- '7 //" /i /'-7,~ ATTACHMENT 5 DISCLOSURE STATEMENT - -")/1 '~d- }.~ '/ -:> THE a. "F CHULA VISTA DJS<1OSURE STA. _€NT . . You are required 10 file a Statement of Disclosure of cenain OWDership or financial .iIIterests. payments, or campaign contributions, on aU mallers which will require discretionary action on the pan oftbe City Council. PlanniDg Commission, and , ,11 other official bodics. The foUowing informatloDmust be disclosed: 1. Ust tbe Dames of aU persons having a financial interest in tbe propeny which II tbe subject of tbe application or tbe contract, e.g., owner. applicant. cx>ntractor, submntraClor, material supplier. USI'LAD DEVELOPMENT COKPAMY 2. If any person' identified pursuant to (1) above is a corponatioD or pamershfp, list the umel of au IDdMduals owning more tban 10% of the shares in the cx>rporation or OWDiDg any partDership iIlterest ill the plrtDershfp. Boswell Properties Tulago COIIIpauy 3. If any person- identified pursuant to (1) above is Don-profit organization or I trust. list the Dames of Iny person lerving as director of the Don-profit organization or as trustee or beneficial)' or trustor of the trust 4. Hive you had more than S250 worth of business transacted with Iny member of the City staff. Boards, Commissions. Commillees. and Council within the past twelve months? Y~_ No~ If yes. ple.aselndicate person(s): __ 5. PJease identify each and every person. including any agents, employees. cx>nsultants, or independent contractors who you have assigned to represent you before the City In this maller. SB & 0, INC.: Randy Safino, President 6. Have you and/or your officers or agents, ill the aggrel~te. CX>Dtributed more than $1,000 10 . CouDcilmember in the cunent or preceding election period? Yes_ NoL If ye5, state which CoUDdlmember(s): · · · (NOTE: Anacb addidoDaI ..&5 . Date: - ,~ if tlefinU tIS: -An)' iNJi~ /fmI, eo-ptI'fNI"Ihip, joiN ~ ..,a.,;" ..~ dMb,""'" ~_ ;'..Mon, ~ --... NCIMr, 1J"l1V~ Ihis .1Ii GrI)' oNr eGU1II)', dr)' tmIJ CCUIII). cily WUI1U&ip4JiIy, ~ tit ....1JOliIiul ~ tit My .... ray tit CltJlflbiMdtlfl .., tIS · ... - ~~t.~ / 7-'}/;/ COUNCIL AGENDA STATEMENT Item I ~/ Meeting Date 12/19/95 ITEM TITLE: Resolution /8' J 7/ Approving a sewer service charge refund to the Southwestern College for the period from October 21, 1993 through July 21, 1995; and appropriatin~ an.add,nal $64,600.00 therefore. Director of Public W orks{:li ;Y City Manager L: \ " \" \ (4/5ths Vote: Yes X No-> SUBMITTED BY: REVIEWED BY: On September 29, 1995, the City Manager approved a sewer service charge variance for Southwestern College. The Chula Vista Municipal Code allows for a refund retroactive to ninety days prior to the date the variance application was submitted, which was January 11, 1994. It is recommended that Southwestern College receive a sewer service charge refund of $64,575.87 for charges paid during Fiscal Years 1993-94 and 1994-95 which were in excess of the revised method of billing approved in the variance. Because of the magnitude of the refund and the need for funds to be appropriated, this item needs to be approved by the Council. RECOM.MENDATION: That the City Council adopt the resolution approving a sewer service charge refund of $64,575.87 to Southwestern College and appropriating $64,600.00 from the available balance in Fund 225. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On January 4, 1994, the Southwestern College formally requested a sewer service charge variance from their current method of billing on the basis that a significant amount of water the college consumes is used for irrigation and is not discharged to the sewer system. Section 13. 14.130 of the Chula Vista Municipal Code states that any non-residential premises subject to the sewer service charge may be granted a variance by the City Manager. A sewer service charge variance can be justified by one of the following: 1. A non-residential user's wastewater contains a total suspended solids concentration sufficiently low as to qualify for a different sewer service charge strength category. 2. The water supplied to such premises is not substantially discharged into the sewer system. City staff based a proposed variance on information concerning Southwestern College's water consumption history for a three year period, the number of students and staff members and the /3",,1 Page 2, Item_/ g/ Meeting Date 12/19/95 number of school days per billing period, as provided by the college. The Otay Water District provided the consumption history for Southwestern College for the years 1988 through 1993 and 1995 for the College's two water meters. Because of problems with the meter readings for some of these years water consumption during the months of February and March of 1990, 1991 and 1995 was used to establish the variance rate. These two months generally had the lowest average water consumption, would reflect the periods of lowest irrigation use, and consequently the average sewer use. Staff also obtained the attendance records on student/staff populations and the college calendars for each session during these same three years. The average wastewater discharge rate per student/staff member for this period was calculated to be 6.16 gallons or .0082 hundred cubic feet (HCF) per capita per day. The regular sewer service charge is based on total water consumption with an assumption that 90 % of the total water used is discharged to the sewer system. Prior to the approval of the variance, Southwestern College was billed at the high volume commercial sewer rate of $1.37 per HCF of water used. Since the charges under this variance are based on the total volume of sewage generated calculated from the student/staff population figures and not the total water used, it was necessary to adjust the sewer service rate to reflect the elimination of the irrigation. For Fiscal Years 1993-94, 1994-95 and 1995-96, the adjusted rate is $1.52 per HCF of wastewater discharged. The future variance rate will be subject to change as a result of changing costs of wastewater treatment and maintenance of the City's sewer system and will be reviewed on a yearly basis. The sewer service charge variance will not apply to the storm drain fee. The storm drain fee will continue to be collected by the Otay Water District on these two water accounts. In addition to the actual sewer service charge based on the sewage generation rate, the Master Fee Schedule states that a special handling charge (at a minimum charge of $3.75 per building) may be established to cover the cost of billing and inspections. This charge for Southwestern College's 67 buildings would be $251.25 for each billing period. For Council's information Attachment I is the sample billing form that will be used to calculate the sewer service charge for the variance in the future. The form also includes the billing charge as stipulated in the Master Fee Schedule adopted May 22, 1993. Section 13 .14.130 of the Chula Vista Municipal Code allows for a refund for a maximum period of ninety (90) days preceding the date of filing the variance application. Since the application fee was received on January 11, 1994, we propose that Southwestern College receive a refund for the billing period beginning October 21, 1993 and extending through July 21, 1995 when they were last billed. Under the variance the College will be billed twice a year with the next billing occurring in January, 1996. The refund is the difference between the sewer service charges paid on the basis of water consumption and the sewer service charges based on the variance for the same time period. The storm drain fee is not included in the refund, since the charges and method of billing are not affected by this variance. The total sewer service charges paid for this period /~,~ Page 3, Item~ ~ Meeting Date 12/19/95 were $129,440.34, as shown on Attachment II. Based on the variance rate the charges would have been $64,864.47, as shown on Attachment III. Therefore, Southwestern College will receive a sewer service charge refund of $64,575.87 for Fiscal Years 1993-94 and 1994-95. FISCAL IMPACT: For Fiscal Year 1995-96, $13,000 was budgeted for the Refund of Fees account in the Sewer Service Revenue Fund (Fund 225). As of November 16, 1995, $7,492.46 remained in this account. It is anticipated that the current funds will be required for other sewer service charge refunds during the fiscal year and an additional $64,600.00 from the available fund balance in Fund 225 is proposed to be appropriated into account 225-2250-5420, Refund of Fees, to cover this refund. Attachments I, II, III (M .IHOMEIENGINEERINGIAGENDAISWCAGEND .MEM) File # 0790-45-LSOO6 (CLR6) J~';J /fff-f RESOLUTION NO. / %1 71 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SEWER SERVICE CHARGE REFUND TO THE SOUTHWESTERN COLLEGE FOR THE PERIOD FROM OCTOBER 21, 1993 THROUGH JULY 21, 1995; AND APPROPRIATING AN ADDITIONAL $64,600 THEREFOR WHEREAS, on September 29, 1995, the City Manager, per his authority in section 13.14.130 of the Chula Vista Municipal due to irrigation water disclosure from the sewer system, approved a sewer service charge variance for Southwestern College; and WHEREAS, the Chula vista Municipal Code allows for a refund retroactive to ninety days prior to the date the variance application was submitted, which was January 11, 1994; and WHEREAS , it is receive a sewer service paid during Fiscal Years of the revised method of recommended that Southwestern College charge refund of $64,575.87 for charges 1993-94 and 1994-95 which were in excess billing approved in the variance; and WHEREAS, because of the magnitude of the refund and the need for funds to be appropriated, this item needs to be approved by the Council. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve a sewer service charge refund to Southwestern College for the period from October 21, 1993 through July 21, 1995. BE IT FURTHER RESOLVED that the amount of $64,600 is hereby appropriated from unappropriated balance in the Sewer Service Revenue Fund 225 into Account 225-2250-5420 to cover this refund. ed as Ii Presented by John P. Lippitt, Director of Public Works C:lrslswsewer.ref /~,,~)~,~ (Attachment I) SAMPLE MEMORANDUM Date File # 0790-55-KY-098 TO: Cheryl Fruchter, Revenue Manager FROM: Roger L. Daoust, Senior Civil Engineer SUBJECT: SOUTHWESTERN COLLEGE SEWER SERVICE CHARGE DETERMINATION The following computation of sewer charges for the period of to , for the session are based on the attendance records furnished to us by Southwestern College. SEWER SERVICE RATE: I. Sewer service rate per 100 cubic feet (HCF) of sewage generated = high volume commercial sewer rate / 0.90 2. Sewage generation factor: 0.0082 HCF per capita per day 3. Sewer service charge determination: A. 0.0082 HCF x x x $ !RCF (days) (students) (sewer service rate) B. 0.0082 HCF x x x $ !RCF ( day s) (classified staft) (sewer service rate) C. 0.0082 RCF x x x $ !ReF ( day s) (academic staft) (sewer service rate) 4. Billing charge: ($3.75 x 67 buildings) =$ = $ = $ = $ 251.25 TOTAL SEWER SERVICE CHARGE DUE =$ BY: ELIZABETH CHOPP, CIVIL ENGINEER (CLR6\SWCOLL VR.A T 11 If" /? j~-g .' I . TABLE I SEWER SERVICE CHARGES PAID BY SOUTHWESTERN COLLEGE 1. Otay Water District Account No. 914-0140-06 DA TES AMOUNT PAID WATER USAGE 10/21/93 -11 /18/93 11/19/93-01/21/94 01/22/94-03/22/94 03/23/94-05/20/94 OS/21/94-07/20/94 07/21/94-09/19/94 09/20/94-11/18/94 1 ]/19/94-01/23/95 0] /24/95-03/23/95 03/24/95-05/23/95 OS/24/95-07/21/95 $ 617.87 $ 854.88 $ 701.44 $ 611.02 $ 6,1 03.35 $11,069.60 $16,727.70 $ 2,678.35 $3,603.]0 $ 8,946.10 $ 7,795.30 451 RCF 624 HCF 512 HCF 446 HCF 4,455 HCF 8,080 RCF 12,210HCF 1,955 HCF 2,630 HCF 6,530 HCF 5,690 HCF SUBTOTAL $59,708.71 43,583 HCF 2. Otay Water District Account No. 914-0160-01 \ 0/21/93 -11118/93 $ 4,412.77 3,221 HCF 1\ /19/93-01121/94 $ 5,974.57 4,361 HCF 01/22/94-03/22/94 $ 6,329.40 4,620 RCF 03/23/94-05/20/94 $ 9,] 73.52 6,696 HCF OS/21/94-07/20/94 $12,523.17 9,141 HCF 07/21/94-09/19/94 $10,960.00 8,000 RCF 09/20/94-11/18/94 $0.00 o HCF 11/19/94-01/23/95 $ 3,198.95 2,335 HCF 0] /24/95-03/23/95 $ 2,089.25 1,525 HCF 03/24/95-05/23/95 $ 4,774.45 3,485 HCF OS/24/95-07/21/95 $10,295.55 7,515 HCF SUBTOTAL $69,731.63 50,899 HCF TOTAL (1 & 2) $129,440.34 U'1.1{6\SWCAPPRIA TT) J~~ I Iff- -/0 (Attachment II) TABLE II SOUTHWESTERN COLLEGE SEWER SERVICE CHARGES UNDER PROPOSED VARIANCE 1. FALL SESSION 1993 No. of school days in session (from 10/21/93): 38 class days Total Attendance: 15,814 Sewer Service Rate: $1.52/HCF Sewage Generation Factor: .0082 HCF/CAPITAIDAY Class Days: .0082 HCF/CAPITAIDAY x 38 days x 15,814 x $1.52/HCF Staff Only: .0082 HCF/CAPIT AIDA Y x 1 day x 680 x $1.52/HCF Classified Staff Only (January): .0082 HCF/CAPIT AlDAY x 12 days x 286 x $1.52/HCF Billing Carge: ($3.75 x 67 buildings) 2. SPRING SESSION 1994 No. of school days in session (to 6/3/94): 85 class days Total Attendance: ] 6,303 Sewer Service Rate: $1.52/HCF Sewage Generation Factor: .0082 HCF/CAPIT AlDAY Class Days: .0082 HCF/CAPITAIDAY x 85 days x 16,303 x $1.52/HCF Staff Only : .0082 HCFICAPITAIDAY x 4 days x 629 x $1.52/HCF Billing Charge: ($3.75 x 67 buildings) 3. SUMMER SESSION 1994 No. of school days in session (to 7/28/94): 28 class days Total Attendance: 6,431 Sewer Service Rate: $1.52/HCF Sewage Generation Factor: .0082 HCF/CAPIT AlDAY Class Days: .0082 HCF/CAPITAIDAY x 28 days x 6,431 x $1.52/HCF Page 1 I~-/I (Attachment III) $ 7,490.02 $ 8.48 $ 42.78 $ 251.25 $ 17,272.05 $ 31.36 $ 251.25 $ 2,244.37 TABLE II SOUTHWESTERN COLLEGE SEWER SERVICE CHARGES UNDER PROPOSED VARIANCE Classified Staff Only (June-l0 days, July/August-II days): .0082 HCF/CAPITAIDAY x 21 days x 220 x $1.52/HCF Billing Charge: ($3.75 x 67 buildings) 4. FALL SESSION 1994 No. of school days in session (to 12/1 7/94): 83 class days Total Attendance: 16,325 Sewer Service Rate: $1.52/HCF Sewage Generation Factor: .0082 HCF/CAPITAIDAY Class Days: .0082 HCF/CAPITA/DAY x 83 days x 16,325 x $1.52/HCF Staff Only : .0082 HCF/CAPITAIDA Y x 3 days x 631 x $1.52/HCF Classified Staff Only (January): .0082 HCF/CAPITAIDAY x 11 days x 290 x $1.52/HCF Billing Charge: ($3.75 x 67 buildings) 5. SPRING SESSION 1995 No. of school days in session (to 6/2/95): 85 class days Total Attendance: 15,933 Sewer Service Rate: $1.52/HCF Sewage Generation Factor: .0082 HCF/CAPIT AIDA Y Class Days: .0082 HCF/CAPITAIDAY x 85 days x 15,933 x $1.52/HCF Staff Only: .0082 HCF/CAPIT AlDAY x 4 days x 627 x $1.52/HCF Billing Charge: ($3.75 x 67 buildings) Page 2 /i"~/,1 $ 57.58 $ 251.25 $ 16,888.41 $ 23.59 $ 39.76 $ 251.25 $ 16,880.06 $ 31.26 $ 251.25 TABLE n SOUTHWESTERN COLLEGE SEWER SERVICE CHARGES UNDER PROPOSED VARIANCE 6. SUMMER SESSION 1995 No. of school days in session (6/19/95 to 7/27/95): 28 class days Total Attendance: 6,619 Sewer Service Rate: $1.52/HCF Sewage Generation Factor: .0082 HCF/CAPIT AlDAY Class Days: .0082 HCF/CAPITAIDAY x 28 days x 6,619 x $1.52/HCF Staff Only (June 5-16): .0082 HCF/CAPITA/DAY x 10 days x 299 x $1.52/HCF Billing Charge: ($3.75 x 67 buildings) TOTAL (J ,2,3,4,5,6) (CLI,6:\SWCAPPR2 ArT! Page 3 / tf-, / J $ 2,309.98 $ 37.27 $ 251.25 $ 64,864.47 COUNCIL AGENDA STATEMENT ITEM P/ 19 - MEETING DATE 12/ 19/95 ITEM TITLE: Report on the Continuation of the Joint-Use Agreement with the Sweetwater Union High School District for use of the Library Facilitv at EastLake High School SUBMITIED BY: Lihrary Director Vh\~ ./ l,i Citv Manager J\\\,\\;l\\4JSth, Vot", Ycs~No-1L1 REVIEWED BY: , The original three year agreement hetween the City of Chula Vista and the Sweetwata Union High School, providing for the joint use of the EastLake High School Library, will expire in June 1996. Section 4.2.1 of the current agreement allows for the extension of the Nominal Tenn. Library staff has conducted an extensive evaluation of the project, including statistical analysis, sUlveys and public iIl-put sessions, iIl order to detenlline tilt' project's success and to make an infonlled recommendation about continuing this unique endeavor. RECOMMENDATION: That City Council accept the report recommending that the agreement between the City and the Sweetwater Union High School, providing for the joint-use operation of the EastLake Library, be renewed for another three year period and direct staff to negotiate such a renewal. BOARD/COMMISSION RECOMMENDATION: At their met~ting of December 6, 1995, the Library Board of Trustees unanimously voted to recommend that the agreement between the City and the Sweetwater Union High School District, providing for the joint-use operation of the EastLake Library, be renewed for another three year period. (A IT ACHMENT A) DISCUSSION: In an Infonnation Memorandum to City Council dated October 4, 1995, the Library outlined the issues and schedule of events related to the expiration of the agreement between the City and the School District. (Attachment B) Included in that memo was a discussion of an evaluation process. That process is now complete. The Library evaluated the project by: * Conducting a thorough statistical analysis based on standard library output measures. * Hosting a Town Meeting on November 6, 1995 to solidt iIlput from community members. Notice of the meeting was mailed to over 900 ~r /9~/ " ITEM~PAGE2 MEETING DATE 12(19/95 homes in the EastLake area and articles appeared prior to the meeting in the Star News and EastLake area publications. (ATTACHMENT C) Twenty-one people attended, included representatives from the School District and EastLake Development Company. * Conducting a user survey at the EastLake Library, based on a fonn developed by tlw Public Library Association, the week of October 30, 1995. * Soliciting additional reactions at an EastLake (Development Company) Community Meeting on November 7, 1995. * Conducting a debriefing vvith the three individuals who have served as the EastLake Senior Librarian during the last two and a half years.. * Analyzing operating costs. A statistically valid non user survey was not conducted due to the prohibitive cost of such a measurement instnunent. A summary package outlining the detailed results of the evaluation process is included with this Agenda Statement (Attachment D). The Library evaluated the project on the following criteria: EFFECTIVENESS OF THE TOINT-USE AGREEMENT: Factors such as access, parking, support of collection development, custodial and maintenance services, and the quality of the relationship with District and High School staff were among the dements considered as part of the evaluation. Relationship with District and High School The written agn'ement lwtween the City and the School District has proven to be a very practical document. I t has provided answers to most questions and prevented any serious disagreements from occurring. The Senior Librarians unanimously report that they have experienced an excellent working envirorunent at the High School and that there is considerable support f<)r the joint-use library by both school administrators and faculty. Day to day working relationships have been cordial and productive. Commlllucation is generally good, although the school does not always provide public library staff with advance infonnation regarding !P~-- ;9-02 17 ITEM~PAGE 3 MEETING DATE 12/19/95 weekcl\(l awl night use of t he campus which frequently impacts parking availability. Custodial and Maintenance The Senior Librallans also report that the custodial service provided by the District is excellent with verv good response to special requests. Perhaps the single most common complaint frolll puhlic library staff has been about the air tempnatlJre in the huilding. It is generally too cold. Although this has been reported mllHtTOUS tillles, the school has been unable to correct the situation. A( Tess The physical location of the library continues to he prohlematic. Participants in the Town iv1ccring reported that the location needs to be 1lI0re visihle from the street and that there needs to be better sigtlagc. Surprisingly, 121 out of 1')9 respondents to the user survey ranked the ease with which they located the library on the campus on their first visit as either a :) or a 4 (throughout this report, all rderences to the survey are based OIl a scale of I to 4 , with I being low and 4 being high). Also, 14 out of 20 respolHlents to the survey at the East Lake Development Company's Community Meeting rated the case as a 4. However, in tllt"ir written COIllIlH'Ilts, these very same survey respondents frequently indicated that it was difficult to fiIld the library and complained about lack of parking. It would be interesting to compare non-user respondents to this question had we been able to conduct a scientific non- user survey. Directional signage to the library is quite good on Otay Lakes and Telegraph Canyon Roads. There does need to be a large sigIl directiIlg library traffic into the second (or Main) entrance into the campus. At that entrance there is a map and a good direct (observable) path to the library. Those who take the first exit into the campus (near the park and tennis courts) end up being almost alwavs lost. Awareness of the location of the Iihrary appears to be very high among EastLake area residents. Based OIl a show of hands, over 90% of the audience at the EastLake Community meeting knew about the library. This is undoubtedly due, in part, to the excellent coverage the EastLake ~ )9--3 If ITEM~AGE4 MEETING DATE 12/19/95 Development Company has given to the library in its various newsldters and publications. Some 146 out of 160 respondents to the user sUIVey rated the convenience of the library's location in the EastLake community as a 'j or a 4. Additionally, 18 out of 20 respondents at the EastLake Community meeting rated convenience as a 4.. Parking Parking has been a continual problem on the campus. A number of Town Meeting attendees commented on the lack of convenient, adjacent parking. A suggestion was made to open up the fire lane and allow parking at the rear of the library. Approximately one third (S lout of 160) of the individuals who answered the Ilser sHIVey question regarding the adequacy of convenient parking rated it either a I or a 2. Public library staff report that on Saturdays, the lot is frequently full by the time they arrive to work due to tests or other special events. The school has responded by allocating 24 parking spots near the front entrance as "Library Only Parking." However, this parking is not monitored and is sometimes used for non-library purposes. Public Library Hours The lack of day time hours has always been a major concem to Library staff. During tlle Town Meeting, there were some questions as to why there was no access to the library during school hours. EastLake High School Principal Stan Canaris answered by describing the benefits of a dosed campus as a student safety issue, which satisfied the audience. There were suggestions for the library to be open until 9:00 PM and to open earlier on Saturdays. There were nUIlwrous written comments from the user sHIVey regarding the need t()r additional hours. It is highly unlikely that the School District would ever allow the public to access the library during school hours. The user sUIVey found that 114 of the 157 respondents to tlle hours question rated the convenience either a ~j or a 4. Material Collections The material collections at EastLake Library are to be jointly developed by both the City and School District. The opening day collection was very equitably developed by both parties, but during the last two years, the School Librarian's annual allocations for discretionary purchases has ~ 19-tj lTEMJ/;AGE 5 MEETING DATE 12/19/95 il\Trilged between SSOO ilnd S 1000. The City's materiilIs budget for EilstLake in FY I 99S-9() is S24,)OO. Over the lilst two ilnd a half years, t he District has pmchased II J) I ') and the Citv has pmchased 21,234 volumes for a total of ~2,R49 volumes. The public indicates that this is the ilrea of their greatest COllCeDl. PaJiicipants in the TmvlI Meeting repOlied that the size and caliber of the collection did not meet the educational level of residents. They also IlH'ntioned the lIeed f(l[ more titles in Spanish. The users survey found that ollIy 4({){) of the respondents found the specific title (book, video, etc) for which they were looking and thilt only 4W+b found something by a specific author or on a specific subject. This is particularly poor fill rate (the national average is approximately 70'Y!)). In their written conunents, survey respondents frequcntly commcnted on the lack of materials. On the plus side, 100% of the users who \vere just brovvsing found something to take awav. The user survey also asked respondents to rate the quality of collections, again on a scale of I to 4. This proved to be a mixed bag of results, since 12 respondents rated the collections as a I; 24 as a 2; 63 as a '~; and 4') as a 4. COMMUNITY SUPPORT AND USAGE The Library has collected standard olltput measures related to typical library use, including check-outs, rderenct' qucstions answered, library visits, program attendance, ete. We have also computed many of these statistics on a per capita basis and compared those figures by branch. The Planning Department assisted us in determining that EastLake scrves 19,067 residents, Civic Center/Main serves 74,34') and South Chula Vista serves 63,113. \\1c have found that although lIsage is low compared to the other branch libraries in the system, usagc is growing annually and continued growth can bc expected. The Town Meeting and usn SllIVl'YS have uncovClTd a small, but loyal, committed and vocal user group. AttadlllH'lIt D includes much of the following infoDnation in table fODnat. Circulation EastLake circulation in FY I 99')-9() is projected to total 49,076. This fi6'l1[e includes both school and public library homs. EastLake's circulation will represent approximatdy'-L()'J1) of the system's total projected circulation of 1,360,196. (Civic Center/Main accounts for 69.7% of the system's p'f 19,f 19 ITEM ~GE 6 MEETING DATE 12/19/95 circulation, while South Chula Vista accounts for 26.7%) However, EastLake circulation has consistently increased year to year. It rose 34% between FY 1993.94 and FY 1994-9'5 (from 30,819 to 41,561). The FY 1995-96 projected circulation of 49,076 will represent a 18% increase over FY 1994-9S. Based on a service level population of 19,067, the per capita circulation is 1.17 compared to 6.43 at Civic Center/Main (service area population of 74,345) and 2.87 at South Chula Vista (service level population of 63,113). Unfortunately, circulation during the school day is e>."tremdy low, with 77.7% of the total circulation occurring during public library hours. Reference Questions Like circulation, the number of reference questions answered is small compared to the other branches, representing only 2.31 % of the system's total (this count is only for public library hours). Likewise, the number of rderence questions per capita is low (.(n, compared to .93 at Civic Center/Main and .50 at South Chula Vista. However, the number of questions increased by a dramatic 144% between FY 1993-94 and FY 1994- Q'') (from 1,868 to 4,5(2). In-Library Use Library staff report that on many nights the library is busy and tables are occupied. Anecdotal evidence seems to show that many people come to the library to study or "get away from it alL" Attendees at the Town Meeting commented on the quiet atmosphere and the helpful staff (116 out of 156 respondents to the user survey rated the helpfulness and courteousness of t he public library staff a 4). The per capita in-house use of materials at EastLake rated a respectable .46, which is much higher than the circulation, reference and program attendance per capita figures for the branch. Program Attendance Program attendance has not been consistent and is, therefore, not a reliable measurement tool. This is undoubtedly due to the numerous changes in Senior Librarians which has effected the type and quality of programs being offered. Changes in personnel also negatively impact the lead time ~~~ /9-(, /' ITEM ~PAGE 7 MEETING DATE 12/19/95 nccessary to develop quality programming. Nevertheless, the per capita program attendance figures are consistent with other output measures. EastLake is much lower than the other two branches (.03 compared to .21 for Civic Center/Main and .14 for South Chula Vista). Friends of the Library One way to measure community support is by tlle strength of each branch library's Friends Chapter. Civic Center/Main, Soutll Chula Vista and the Heritage Museum all have strong chapters. Unfortunately, it has proven difficult to find the indigenous local leaders, with adequate free time, to help establish such a group at EastLake. This may not be due to a lack of support, but rather to the fact that most residents in the EastLake area are of working age and Friends groups tend to be dominated by retirees. COMPARATIVE COSTS The Library compared the cost to operate the EastLake Library to tlle cost of opcrating Civic Center/Main and South Chula Vista. In an attempt to compare apples to apples, only direct operating costs where compared (staff as well as maintenance and operational costs). Collection development, Administration, Technical Services, Automated Scrvices and other system-wide overhead costs were not included in the comparison. For this purpose, the FY 1995.96 budgets for the three branches are: Civic Center/Main EastLake South Chula Vista $1,246,570 $ 133,3'30 $ 952,:nO The Library then compared the cost on thft'e levels (I) cost per capita, (2) cost per circulation, and (3) cost per open hour. In the cost per capita category, EastLake was considerably cheaper ($6.99) than either Civic Center/Main ($16.76) or South Chula Vista ($15.09). This was also tnit' in the cost per open hour category. EastLake (because of the overhead services provided by the School District and th{~ small staff) costs only $93 per hour to operate, compared to Civic Center/Main's $382 and South Chula Vista's $389. EVt~n EastLake's cost per circulation ($2.72) was nearly comparable to SOllth's ($2.6'3). This infoffilation is also outline in chart form in the Attachment Set. Finally constnlction costs should be induded in this evaluation. EastLake cost the /$"/ /7-7 )7 ITEM~AGE 8 MEETING DATE 12/19/95 City zero dollars compared to the S 12 million dollars to constmct and outfit South Chula Vista (the State did contribute (),)(}6 towards all eligible costs) CONCLUSION There is considerable comllulIlity SUpp011 for t he joint-use library at EastLake. Participants in the Town Meeting were vocal about its success. They particularly liked the concept of the School District and the City working together to keep costs down. Usage is indeed low when compared to the other two branches (even on a per capita basis), however it is growing and should continue to do so with the new constnlction in EastLake Greens. The cost to operate EastLake is extremely reasonable, especiallv when considered on a per capita and cost per open hour basis. However, even its cost per circulation is not out of line with the other branches. Consideration of the renewal of the agreement between the City and the School District is also tangentially related to the City's agreement with EastLake Development Company. Under that agreement, the EastLake Development company is paying tlte City S 7 1 (),2 7 S over four years (final payment due on June :>,0, 19(7) in lieu of perfonning previously negotiated Public Facilities and Financing Plans for interim library obligations. This payment is being used to offset a portion of the general fund costs to operate the EastLake Library (over 70% of the branch's direct operational costs). Additionally, the agreement with EastLake Development Company calls for the City to make a decision within three years of the start of tlw EastLake High School Library project as to whether a one acre site reserved in Village Center W cst for a pennanent library "vill be needed. However, there is a pruvision for the City to extend this three year decision period by up to two years. If this proviso is exercised, a decision will not need to be made until June 1998. In light of the fact that a decision about a penn anent library is probably years away, there are only two other altentatives to the joint-use library. One would be to rent space in the newly constnlCted EastLakt> Village Center. According to EastLake Development, space is renting for between $1.85 and $2.35 per square foot, with all additional operating cost of .30 to .:)") cents per month. At this price, the annual rent t()f 4,000 square ti.'et would be over S 100,000. When you add in utility costs, renting smaller but more visible, space would more than double the operating budget for the library. In poor economic times, this in an unrealistic altenlativc. The second choice would be to close dO\'\'Il the public library function all together. However, EastLake Library docs implement one of the components of the Library Master Plan and ensures that residents of the eastenl territories do not have to drive as much as nine miles to another Chula Vista Public Library. ~r /}'-y /9 ITEM ~AGE 9 lV1EETING DATE 12/19/95 After evaluating the above factors, staff recommClHJs that we renew the contract with the Sweetwater Union High School District for an additional three years. FISCAL IMPACT: In FY 1995-()6, EastLake LibralY's (account 1770) approved budget is $133,330. EastLake Development Company's annual payment in lieu of previously negotiated Public Facilities and Financing Plans for interim library obligations will reimburse the General Fund 595,125 The Library estimates that EastLake Library's FY] 996-97 budget will be approximately $102,500. This decrease is due to the reduction of the full time Senior Librarian to half time as part of the FY 1995-96 budget reductions vis-a-vis the City's Training Coordinator position. EastLake Development Company will make one final payment of 595,125 in FY 199()-97, accounting for over $90% of the direct operating costs. The Citv will absorb the entire cost of operating EastLake Library in FY 1997-98. ~ 1'-1)7'l{) ATTACHMENT A DRAFT MINUTES LmRARY BOARD OF TRUSTEES December 6, 1995 LmRARY CONFERBNCE ROOM 3:30PM BOARD MEMBERS PRESENT: Chair Clover-Byram, Vice Chair Williams, Trustees Alexander, Donovan and Viesca, Student member Aguilar BOARD MEMBERS ABSENT: None CITY STAFF PRESENT: Library Director Palmer, Principal Librarian Brown, Sr. Librarian Diciedue, City Training Coordinator McKean OTHERS PRESENT: Betty and Harry Roche, Robert Coye, Barbara Jones 1. APPROVAL OF MINUTES - Meeting of October 25,1995 ll. CONTINUED MATTERS A. EastLake Library Director Palmer introduced Rosie Diciedue, Senior Librarian at the EastLake Library. He then briefly reviewed some statistics that had been included in the Trustees packet regarding the EastLake Library. Pointing out that EastLake Development ComiJany is paying approximately 70% of direct operating costs in this fiscal year. Director Palmer explained that library staff had recently conducted a Public Library Association designed survey of users who came into the EastLake library. Based on information from the survey, other statistical analysis and input received during an EastLake Town Meeting, Mr. Palmer recommended that the joint use agreement for the EastLake facility with the Sweetwater Union High School District be continued for another three year period. Trustees discussed citizen response at the EastLake Town Hall meeting and also the suggestion that the facility be open until 9 pm. Trustee Viesca asked about the issue of shelving and signage. Barbara Jones, High School Librarian, discussed issues of shelving and custodial assistance during public library hours. MSUC (WilliamsIDonovan) that the Library Board supports continuing the EastLake Joint Use Agreement for an additional three years. jp.rJr /~~// )7-lcZ ATTACHMENT B INFORMA TION MEMORANDUM DA TE: October 4, ] 995 TO: The Honorable Mayor and City Council VIA: John Goss, City Manager FROM: David Palmer, Library Director SUBJECT: Decision to Continue Joint-Use EastLake Library Project The original three year contract between the City of Chula Vista and the Sweetwater Union High School District, providing for the joint use of the EastLake High School Library, will expire in June ] 996. Staff has developed an evaluation process and time line which will ensure that City Council may provide direction to staff regarding renewal of the agreement in time for development of the FY 1996-97 budget. Section 4.2. I of the agreement between the City and the High School District allows for the extension of the Nominal Term and further states that; "Each party agrees to use good faith and best efforts to render a decision by November, ]995..." However because of the timing of the fall Library Board meetings, a report to City Council with a staff and Library Board recommendation cannot occur before mid-December. A December time frame will still provide adequate time for preparation of the FY ] 996-97 budget. The Board of Trustees will begin a preliminary review of statistical and other relevant factors at their October 25th meeting and are scheduled to vote on a formal recommendation to City Council at their following meeting on December 6, ]995. The ultimate stafI7Library Board recommendation to Council regarding the renewal of the terms will be based upon an analysis of a set of criteria or factors which were jointly developed by the Library and the School District per Section 4.2.1 of the agreement. They include: 1. Effectiveness of the joint-use agreement, including * . * Access (adequate parking and signage) Collections (security, no censorship attempts) Facility Management (adequacy of maintenance and security staffs, adequate lighting, heating, etc.) ./ ~ /7 ;Y;::15 / / - / Decision to Continue Joint-Use EastLake Library Project Page 2 2. Community support and usage, such as: * * Number of library visits, check-outs, reference questions (annual and per capita) In-library use and program attendance (annual and per capita) Registration as percentage of population * Staff will also evaluate the project on a cost per circulation and a cost per hour basis. During the week of October 30, 1995 the Library will conduct an in-library user survey (based on one designed by the Public Library Association) to determine whether the library is fulfilling the needs of the users through analysis of author, title, subject, and browser fill rates (materials availability.. .did patrons find what they were looking for?). The survey will also allow users to indicate their overall level of satisfaction regarding the joint-use library. Finally, as called for in Section 4.2.1 of the agreement, the Library and Library Board of Trustees will conduct a town meeting in the EastLake area to solicit user and non-user comments about the joint- use library. This town meeting will be held the week of either November 6 or November 13, 1995. Staffwill notify Council once the date and location of this m~eting has been set. The Sweetwater Union High School District will also be informed of this evaluation process and related time line. District officials will also be invited to attend the town meeting. The District may concurrently evaluate the effectiveness of the agreement based upon their own perspective. In making a recommendation, staff and the Library Board will utilize the factors listed above, analyze the results, and apply them per standard hbrary practice to the eXIsting situation. The project will also be evaluated within the context of reasonable alternatives (if any) and financial constraints. Consideration of the renewal of the agreement between the City and the School District is also tangentially related to the City's agreement with the EastLake Development Company. Under that agreement the EastLake Development company is paying the City $716,275 over four years (final payment due on June 30, 1997) in lieu of performing previously negotiated Public Facilities and Financing Plans for interim library obligations. This payment is being used to offset a portion of the general fund costs to operate the current EastLake Library. Additionally, the agreement with EastLake Development Company calls for the City to make a decision within three years of the start of the EastLake High School Library project as to whether a one acre site reserve in Vtllage Center West for a permanent library will be needed. However, there is a provision for the City to extend this three year decision period by up to two years. If this proviso is exercised, a decision will not need to be made until June 1998. If Council has any comments or suggestions regarding this process, please call Library Director David Palmer at 691-5170. ~.pf' 19~/J/ ATTACHMENT C ( ~A-ST '[OWN MEETINQ JUNTA DE LA COMUNIDAD To consider the future of your public library VENGA Y COMPARTA SUS IDEAS SOBRE EL FUTURO Come and share your idea.s, comments and suggestions. Everyone welcome. j LUNES, NOVIEMBRE 6, 1995 Monday, November 6, 1995 7:30 - 8:30 pm EastLake Librcny EastLake High School Campus 1120 EastLake Parkway 619 656-0314 Special, Pbysical N~? We ~ p1cued to assist you UDder ADA Call 691-~ 163 or roD 476-~3~7 ~~ NeceAd,d.oo.c especiales del ADA? Por favor l1uDe aI ~> /9-/J- 691.5163orroD476-53~7 Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Attachment D Attachment Set Chart showing FY 1993-94 and 1995-95 Circulation Chart showing FY 1993-94 and 1994-95 Library Visits Chart showing FY 1993-94 and 1994-95 Reference Questions Chart showing FY 1993-94 and 1994-95 Story Hour Attendance Circulation per Chula Vista Public Library hour during the month of September 1995 Average circulation per open Public Library hour during the month of September 1995 Percent of circulation by residency Map outlining branch service area with population figures Per capita circulation statistics Per capita reference statistics Per capita library visiL statistics Per capita in-library use of materials statistics Per capita program attendance statistics EastLake share of system activity in terms of circulation, reference que~jons, library visits, in-library use of materials, program attendance, and open hours EastLake share of system activity in terms of registered patrons and books and media collection Comparative costs, including per capita, per circulation and cost per open hour EastLake User Survey Form Materials Availability Survey Results Summary Materials Availability Survey Written comments on EastLake Survey Notes from EastLake Town Meeting EastLake (Development Company) CJmmunity meeting summary p::,r719..17 It) 0) 0)(1') ~O) ,0) M~ O)~ O)~ ~en (I) ::::J (,) g> ;< (1)'0 -- CD 'ta c: ...8- en 0 ~~ cu.s .. .- .Q-J :J .Q .0 Q) ::::J Jll::o... ca CD ::!~ (1)= ca (f) w&1 &l)~~~~~8~~~~l!3~8 ~cx)CONCO""CO~~o)OO~~ 'lit~~~~~~~~ ~~~fIi m ~ 'lit en (J)M !::m (J)~ > > a: c( a: m ::i ~ :::@l~~~S~~~~ln C\I(I')C\I(I')NNCO'lit&l)N ":":"':"':":~":"':":N ~ ~ ~ CD CD ~.o.o ~ E E o CD CD '0 > 0 O 0 CD ZQ ~ ~lU.c lU ::::J 0 ::::J .a ~ ~ CD lU -,u...~ == >- CD ~ lU c: 0- 00::= ::::J <.::-, ~ ~ tii E ::::J.! >-0>0- - ::::J CD ~<(/) ~CO&l)&l)""""OO~N""O~ &l)N~COCON~CO(l')""O)'lit(l')CO O)'litN~(I')&l)&l)'lit&l)O&l)""O)&l) -icricric.Jcricricricricricricri~cri~ ~ 'lit ~ Lt)Oe'litN'lit(l')ocnNCO~cn 'litO.... 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CI) o o "cnC>> "c>>o cOcOU) ...- ~ ..- ~ ~ It)''M "'it c.o ..- MO..- otioicvi r--'I""'CO It) C\I ~ co II) ..- ~ f! .D. ~ ~ ~ S ,g ~.!!! ~e> ~,g ... CIl .... -= -....::::1 CCIl..c: CIl..:.::O ~;I= 'S; CI) ::::I .- as 0 OUJCI) ~ /9~.)l Offi~ u.. Only DATE: 1lME GIVEN OlTT: EASTLAKE LIBRARY SURVEY Chula Vista Public Libraries October 30, 1995 Please fill Ollt this survey and retllrn it to the volunteer as you leave today. Many Thanks! We are evaluating the effectiveness of the East Lake Library. We want to know how you feel about this facility and if you find what you look for at this library. I. My zip code is II. Materials Availability Do you find what you look for at the EastLake Library? Please list below what you looked for today. Mark "YES" if you found it, and "NO" if you did not find it. TITLE If you are looking for a specific book, record, cassene, newspaper, or issue of a magazine, please write the title bele",'. Include any reserve matenaJ picked up NA.\1E OF WORK (Example) . Gone with the Wind FOU!'<D? All..... v.. "0 aNncll 1. 2. 3. 4. S. SUBJECT OR AUTHOR If you are looking for materials or information on a particular subject or a special author today. please note each subject or person below. SuBJECT OR ACTHOR DID YOC FIND (Examples) SOMETHING? . how to repair a toaster ,..., . any book by John D. MacDonald YEa NO aNncll 1 I 2. I 3. 4. 5. BROWSING If you were browsing and not looking for anything specific, did you find something of interest? YES NO ~"HER Cht:...:k here if your visit today did not include any of the above activities. (Example) using the photocopy machine. PelLe Ie over ---> III. Facility Access For each item, how does EastLake Library rate compared to an "ideal" public library in this community ? Circle 1 (very low satisfaction) to 4 (very high satisfaction) for each item 1. Ease with which you located the EastLake Library on campus when you used the library for the first time Low High 1 234 2. Convenience of the library's location in the EastLake community Low High 1 234 3. Adequacy of convenient parking Low High 1 2 3 4 Low High 1 2 3 4 Low High 123 4 Low High 1 2 3 4 4. Convenience of library hours 5. Range of materials available (books, magazine, computer software, videos, etc.) 6. Extent to which staff are helpful, courteous, and concerned 7. Please comment in detail on any item above: 8. Comment on any items you consider essential to EastLake Library's successful service to the community. C; IoulpUllcaltlal<e. SIJ r ~ I )1-,27 fJ) ... ~~ cu Q) ~a: .c> - Q) ..J ~ :J UW =~ .c= ::s:CLO D. .~ ~ '" as..- w > - .:M::<O CU fJ) M ..J-~ ~ .~.8 en Q) 0 mcao W~O o ...... ..- "C Q) ... Q) 0.. 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C .~c CI) .- 0) en ..c.> - 0 - ~.- ..c." ..J ns en .2 c 0 U 0 CD~ .2 CD or- ..c.CD CD CD nse> CD ::!: T"" C\I (W) - V 10 <0 ..c.C ~ c:i ~ ~..c. ~ o~ ~ 0 ~ 0 ~ eas ~ ~~ ~ ('f) ..c.~ c._ >- c _E ca c c .~ c c ~ c CD c c OU ..J aI ~ 0 .'!: rn 0 c:;] 0 0 '2 0 0 0 ...c E 0) ~:;] CDrn ...0 .., .0 +: +: ~E +: :;] .~ CD .~ +: U) E 0 rn CD a. rn rn C'" rn > rn e>.::t:- rn CU ca :;] t) CD mE 0) cE CD 0) 0) c CD cO CD CD" :;] alai :;] 88 :;] " :;] 8 :;] alO :;] xc w Cf} 0 0 wu 0 0 <( 0 0 a:E9.. 0 was ~ 19-31 COMMENTS EASTLAKE SURVEY October 30, 1995 *Parking is very limited for usage of the Public Library. * Staff very helpfull *Some of the materials in the library have been vandalized and some have whole section missing. *Need pay phones. *EastLake is a nice clean library with many items to access from. * A good place to do research. *During school hours the library is closed sometimes. *1 like the fact that 1 can check out new and best sellers for 4 day period without charge. *The library needs some kind of sign at the entrance of schooL 1 had to ask 2 people where the library was *Love the neighborhood library * Adult magazine collection is very limited * Staff was very nice and helpfuL *Great children's selection. Wonderful staff! We love the computers *1 wish you could have more time available during the day. *Great difficulty in finding the exact route from parking lot-no signs. *Very pleased with library and staff. Do homework with son while daughter practices. Only problem is that can't always find "visitor parking" in front? Perhaps information on parking will help? * A lot of different materials at EastLake. * Although the library is continually adding to its collection, 1 will appreciate it if you can accelerate the additions to the collections. *This is my first visit and 1 had a very difficult time locating the Library. Most of the buildings look the same and in the dark they are hard to distinguish. Signs need to be put up detailing where the library is. A neon sign, big' *1 am impressed with the Library It is very clean and has many resources. 1 do not know the extent of books available, but 1 think it is important to have as many books on as many subjects available, the more intriguing, wacky, the better. * Staff is very nice and helpful. *maybe have more copies of a popular book. * Very hard to find' *More signs in walk way would help a lot' *1 knew it was on campus but you needs signs. *1 love the idea of the community and the high school sharing, very innovative! * Signs needed to locate the Library once on campus. *1 think that you should have, on some books, more than one copy available. On a few books, 1 found of interest, on the computer they were already checked out (sic) *Need more signs posted to show location oflibrary, difficult to find. *Many people can't find the library when 1 wan to meet someone here. It's too far back, there should be a sign in front of the school signaling where the library is. Page 13 ~ If-;1) Page -2- *General great location in community, should have close parking to library. *No comment' * A place where you can get food while you get your book. *The signs on the road are too far apart One of the sign leads to a real estate office and not to the library. *Your librarians are great! They are very helpful I *The library needs more books *The library doesn't have as much books as it should *1 am not sure if the Library visitors are allowed to use the computer room. Ifno, more computers in the library. *Need better parking *Insufficient parking in front of the building. Should be open all weekend. *The employees are very nice' *The employees are very nice! yeah I *Staf'fwas nice, books however, did not follow decimal order so they are hard to find. *very helpful staff *The library hours are very adequate since they're open for so long *1 was not sure if to come into campus because I never imagined the library being in a school campus. Anyway other than that could have more parking, lot always full on Saturdays. *Excellent Librarian staff. *Organization and clean oflibrary "outstanding". (sic) *Parking, maybe parking in rear and allow rear door entrance. Open further-most driveway gate from street to allow rear parking. *Library staff are very courteous and helpful I find it a pleasant experience on each visit. * All materials have usually been available We use the library all the time' *Great service from the librarians, we enjoy the reading time on Saturday mornings * Should be open longer periods on Saturdays *Need to expand range of materials. Some books are not available at this branch. *The location is convenient to the EastLake community. *1 am very happy with the cordial, helpful, friendly staff with the collection. I always find everything I am looking for. *It's big enough for our community. I love the friendly environment. I can always ask questions with no hesitation. I come to the Library more often now that the Library is so close to my home. *There are so many books not available at this branch. *The library hours are good, but could be longer. *1 like the people here. *1 really like the staff they always help me find things. *The staff is excellent and well versed in meeting the needs of myself and my children. *Perhaps better exposure to the community through schools, community committees. *Not too many books about photography- I think you need more books from this decade! *It's very convenient for me. ~ //~5,/ Page -3- *1 frequent this library and have always had great, courteous and professional assistance. *y ounger librarians often not helpful, others very helpful. *We wish the library could open 30 minutes earlier in the week. It would be more convenient to the elementary school schedule. *Needs better parking; lot more hours. *The Children's reading time on Saturday is great. *Continue children's programs (Pre-school). *Need training classes on using computer system. *More extended library hours especially AM hours. *CDT for printers. *It's hard for me to find this library. It's too far from the street and behind the school, so we can't see its building.) *First time here is some time- nice change- increase number of books- looking forward to regular visits *This is a wonderful library. I use the library often. It is great to have one in the EastLake community. *Considering the limitations- an excellent library and staff *Very nice and clean library' Helpful worker' *1 think the librarian are very helpful and doing a great job *Gates out front being locked- both should be open not just one. * Shortage of titles. *1 would like to see more magazines and maybe more hours. Location is good same with parking, maybe more books and computers for the Internet *Not that many books. *Increase the amount of books and articles in house library. (sic) *The Public Library late after noon hours and the Friday closing is not too convenient, but the idea of a combo school and public library makes so much sense, it's not a criticism, it's a long old march from parking lot to library. *More Goosebumps and Babysitter Club books. *Staffwas very helpful. *For the children's section, I'd like to see some story/cassette books. *Storytime on Saturdays is good (guest entertainers are especially good), but could be improved with more simple activities and variety like feltboard, choral reading, fingerplays, and little crafts that lend themselves to the theme of the day. Storytime reader could read slower, with more feeling and project her voice to "captivate" her audience. *Parking was my only problem. I love the library being in my neighborhood. *Recommend that after school hours all parking spaces be made available to patrons (ie. eliminate privileged parking for school and library staff.) *Public hours are too restrictive- please consider extending hours to 9 or 10 pm and remaining open every day. *Range is good but selection is limited- capacity could easily be doubled. ~ J~"~ Page -4- * Staff has been exceptional in all areas. *Extended hours. *Computers with access to most data bases (on line services highly desirable). *Multiple and varied CO Rom Titles *Faster computers and more of them. *Old fashioned \card catalogue for computer phobics and for when computer are down. *Continued availability of financial references-especially "Value Line" *Y ou need a sign. *T ook forever to find the place without any signs to direct me. *The location at the back of the school is a bit hard to find The library should be open Fridays. *They are very courteous and helpful. *More computers *Need better directional aids in locating the Library. *] really wasn't sure where the Library was located but] asked someone as they were leaving so it worked out. *The staff are helpful. 1 am impressed. *Supposed to have the book, drove all the way from the E Street Library, can't find the book, its been lost still shows its available in computer *] didn't come in and browse The book] was looking for just happened to be located here. The hours aren't convenient for me because 1 leave for work at 4:00 pm. *In t~e library the photocopies need to be darker printed and larger *COT for copying machine *Would like to have seen a wider range of magazines How about a customer survey? *Parking was hard to find sometimes *1 would prefer more hours, but the current hours are adequate. *Range OK- quantity and selection needs to improve- 1 guess that takes time *I've only visited the library once, but 1 plan to visit it more often. *Please keep our library open! J~ } 7-;1Y "- ~ l" 'v Notes from EastLake Town Meeting November 6, 1995 Community Relations . Ideal relationship (cooperative) Good use of tax dollars · Good, logical utilization of resources · Retired here because of Library . Needs to exist - Provides Eastern portion of City (with library services) · Important for this community . Introduce families to library locations via "Stamps" - use promotional techniques through the schools . Community draw for children in nearby affordable housing . What can EastLake community do to help continue library service? . Encourage EastLake Development Company to continue support . Discontinued library service will mean discontent in the EastLake community. Location, Signage, Hours, Parking . Location needs to be more visible from the street · Help potential users find the location. . Exterior signage inadequate for location Page 14 . . . . . . . . . . . ........ . '() . (, . ~ . Notes from EastLake Town Meeting November 6, 1995 Services and Staff Q: Hours - is there a risk during school hours to open to everyone (retirees, different work schedules) A: School needs to maintain security - Community may not understand this issue Hours - 9 pm, early Saturday i.e. 8 AM (Families start day at the library) Hours during school intercession - expand hours during these times Convenient parking - an issue Parking - always find near flagpole Where is the available parking? Needs to open up parking lot at back oflibrary Quiet atmosphere missing from other locations Helpful staff Used by families for school assignments Circulation appears good for "best kept" secret Use technological advances to make the facility "larger" Dial-up Access ISDN-need speed in electronic connection Volunteers - need more "- ~ ~ 'A Notes from EastLake Town Meeting November 6, 1995 Services and Staff Materials . Collection - high level of education in EastLake area, needs a higher level of library materials . Higher level of materials need to be available . Good supply of Spanish language materials . Spanish collection limited and geared toward Mexico; expand to western hemisphere, original authors, need to be individual, not just translations . Transfers/getting daily material in a timely fashion is a problem, especially for newspapers · Mail delivery needs to be examined . No delivery on weekends - lose timeliness EastLake (Development Company) Community Meeting Summary EastLake 20 Surveys Summary Sheet-Non Users I Low 1 2 3 High 4 ~ Question #1 Ease with which you located the EastLake Library on campus when you used the library for the first time. 1 2 2 14 Question #2 Convenience of the library's location in the EastLake Community 0 0 2 18 Question #3 Adequacy of convenient parking 4 1 6 9 Question #4 Convenience of library hours 1 2 9 7 Question #5 "'- ~ Range of materials available , (Books, magazines, compu1er software, videos, etc.) 2 3 8 4 ~ Question #6 Extent to which staff are helpful, courteous 1 0 2 13 and concerned 9 8 29 65 Page 15 . San Diego Transit is},# - An Operator In the Metropolitan Transit System ~ , . 100 16th ~Ireet PO Box ..511 San Diego. CA 92 t 12 (619) 238.0100 FAX (619) 696.8159 MEMORANDUM DATE: December 5, 1995 TO: Board of Directors FROM: Frank J. Shipman RE: Contract Ratification of Bus Operators New Agreement We are pleased to seek ratification of a new collective bargaining agreement with the Bus Drivers' Amalgamated Transit Union Local 1309. Background: The Board of Directors authorized the Management Negotiation Team to commence exploratory talks with the negotiations team of the A.T.V. Local1309 Union in August. Following those meetings, the parties commenced negotiations on Tuesday November 28, 1995 and reached te~tative agreement just three days later on November 30, 1995. Both parties were dedicated to preserving the operating efficiency of our organization. . Term: 5 years - 1996, 1997, 1998, 1999,2000 . Wages: .l22Q. .l221 l.22.H. .l.222 2QQQ Bus Operators - 0 0 0 0 0 Clericals - 20~ per hr. all classifications effective 1-1-97 . One-Time Net Bonuses- lkLI996 Dec 1997 Dec 1998 Dec 1999 Dec 2000 Full-time Bus Operators $400.00 $500.00 $600.00 $600.00 0 Part-time Bus Operators 200.00 250.00 300.00 300.00 0 Full-time Clericals 320.00 400.00 480.00 480.00 0 Part-time Clericals 160.00 200.00 240.00 240.00 0 /') "l -/ ,-"?\'~-~ (. -~ Contract Ratification of Bus Operators' New Agreement December 5, 1995 Page 2 . New Hire Progression - 8 1/2 year progression for both FT and PT. Effective 1-1-96 at 50% oftop rate going up 2.777% each 6 months. . New Operator Holiday Progression - 0-3 Years - New Years, Labor Day, Memorial Day, Fourth ofJuly, Christmas and Thanksgiving. After 3 Years - Presidents' Day, Martin Luther King Day, Easter After 5 Years - Birthday, Floater, Floater . Pension Tables Increased - Tables were moved up on average of 4 percent across the board. Normal retirement is moved to a~e 63. In 1998 a one-time pension window for operators 50 to 54 to obtain 5 years of age in order to retire early. . Delete: Attendance Bonus Add: 50 percent buyback of sick leave accumulated above 150 days. . Health & Welfare - $1.81 per hour worked based on 2,080 hours; operators no longer pay $10 per week until the trust falls below $1,000,000, at which time that payment is reactivated. . Part-time Operators - Move from 15 to 20 percent over the term of the contract. New floor of 425 full-time operators. . Payroll Clerk - Removed from the bargaining unit. . Pensioners - Pensioners up to 1985 minimum Spouses up to 1985 minimum $500.00 250.00 . Schedule Clerk II will be promoted to Schedule Clerk I effective 1-1-96. Additional Contractual Items are: . Full-time Bereavement / Brothers and Sisters; 4 days . Part-time Bereavement! Same as full-6ne; 2 days (4 hours each) ., '1 (7\".,,<(. -:c.. . , .~ Contract Ratification of Bus Operators' New Agreement December 5, 1995 Page 3 . Casual vacation (breaking up one vacation week) . Active employee death benefit increases in all levels, $1,000.00 each; funeral expense allowance increase to $500.00. . New designated beneficiary clause . Sick leave runs for bid . Transit Store lead clerk to receive $1.00/hour increase while supervising . Karol Ferris - 9 month bridge . Insert old letters of agreement into contract . Union chooses Safety Committee representatives . Relief bidding either division . Increase in reports to 14 . Operator anniversary date to become floating holiday . Clerical - Easter changed to floating holiday . Direct deposit for regular employees and pensioners . Clerical vacation year to begin January 1 Recommendation Staff recommends that the Board ratify this contractual agreement between San Diego Transit and Union Local 1309 Amalgamated Transit Union. Vic~~~esources & Labor FJS/de' C) -J -' ') ,,.,(<7'--<1., .::