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Home My WebLink AboutAgenda Packet 2006/01/10 Stephen C. Padilla, Mayor Patricia Chavez, Council member David D. Rowlands, Jr., City Manager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember January 10, 2006 6:00P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY BUCK MARTIN, RECREATION DIRECTOR, OF THE EMPLOYEE OF THE MONTH, VICTORIA TOM, RECREATION SUPERVISOR III . PRESENTATION BY DR. CYNTHIA BURKE, DIRECTOR OF THE CRIMINAL RESEARCH DIVISION OF SANDAG, OF THE 2005 CHULA VISTA POLICE DEPARTMENT RESIDENT OPINION SURVEY RESULTS CONSENT CALENDAR (Items I through 9) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. APPROVAL OF MINUTES of November 22, November 29, December 6, December 9, 2005. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS · Letter of resignation from Patricia E. Chavez, member of the Resource Conservation Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER OF $500,000 FROM "PAVEMENT REHABILITATION 05-06" (STL-315) TO A NEWLY CREATED CAPITAL IMPROVEMENT PROJECT, "PAVEMENT TESTING AND MANAGEMENT PROJECT" (PROJECT STL-325), APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NICHOLS CONSULTING ENGINEERS, CHTD FOR PAVEMENT TESTING AND MANAGEMENT SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) The last pavement testing and evaluation took place in 2002 and concluded the original multi-year testing program/contract that began in 1986. The current pavement management data is outdated and no longer reflects the actual pavement condition of City streets. Pavement assessment is recommended every three to five years. The request for proposal process for this effort resulted in 10 responses; five consultants were interviewed. Based on the results of the interview process and the evaluation criteria, staff recommends that the contract for the pavement testing and management project be awarded to Nichols Consulting Engineers, Chartered. (City Engineer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SHARP REES-STEALY MEDICAL GROUP, INC. FOR THE PROVISION OF OCCUPATIONAL MEDICAL SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY Sharp Rees-Stealy Medical Group, Inc. has provided occupational healthcare services to the City since September 1993. The agreement under which these services are being provided has not been updated since its inception. Although the existing agreement provides for unlimited one-year extensions, it is prudent to periodically review and update the agreement. The City has been extremely satisfied with the cost and quality and breadth of services provided and desires to continue this relationship. (Human Resources Director) Staffrecommendation: Council adopt the resolution. Page 2 - Council Agenda http://www.chulavistaca.gov January 10, 2006 -~ 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A WAIVER OF POTENTIAL CONFLICT OF INTEREST WITH RESPECT TO PROSPECTIVE REPRESENTATION OF MR. WALTER SCHANUEL BY GLEN GOOGINS AS IT RELATES TO CODE ENFORCEMENT MATTER H104- 0362 BUT NOT AS IT RELATES TO PROCESSING POTENTIAL REDEVELOPMENT PROJECTS PROPOSED BY MR. SCHANUEL Fonner Senior Assistant City Attorney Glen R. Googins has requested that the City Attorney confinn that his prospective representation of Mr. Walter Schanuel does not present a conflict of interest that must be waived pursuant to California Rules of Professional Conduct 3-310(D). Mr. Googins' proposed representation will be two-fold: (I) resolution of a pending code enforcement action and (2) processing entitlements and negotiation of agreements for the redevelopment of properties owned by Mr. Schanue!. It does not appear at this time that the interests of Mr. Googins' prospective client are adverse to the City as it relates to the code enforcement matter. Accordingly, it is recommended that the City Council waive any potential conflict arising from Mr. Googins' involvement in that matter. However, due to Mr. Googins' extensive knowledge ofthe deliberative process and confidential issues surrounding the adoption of the operative redevelopment plan, it is not recommended that the Council waive the potential conflict of interest as it relates to the proposed redevelopment of Mr. Schanuel's property. (City Attorney) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE CITY'S EMERGENCY MANAGEMENT SYSTEM In Homeland Security Presidential Directive 5, the President of the United States directed the Department of Homeland Security to develop and administer a National Incident Management System (NIMS). NIMS will provide a standardized emergency management system under which federal, state and local governments will be able to work together more effectively to prepare for, prevent, respond to, and recover from disasters. Governor Schwarzenegger, through Executive Order S-2-05, has directed the State Offices of Emergency Management and Homeland Security to implement NIMS and integrate it into the state's emergency management system. Beginning in fiscal year 2007, state and local jurisdictions will have to be fully NIMS-compliant in order to continue receiving federal homeland security and disaster preparedness grants. (Chief of Police) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $83,219 FROM THE OFFICE OF EMERGENCY SERVICES AND APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES (4/5THS VOTE REQUIRED) Page 3 - Council Agenda http://www.chulavistaca.gov January 10, 2006 The Police Department and South Bay Community Services have been providing Domestic Violence Response Team services for the past 9 years. The attached contract formally continues those services, which include comprehensive assessments of children and families, immediate crisis intervention and follow-up services to the victim and children. (Police Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING EIGHTH AMENDMENT TO AGREEMENT BETWEEN SAN DIEGO METROPOLITAN TRANSIT SYSTEM (SDMTS) AND CITY OF CHULA VISTA FOR UNIFIED TELEPHONE INFORMATION SYSTEM (UTIS) Adoption of the resolution maintains Chula Vista Transit's (CVT) participation in the Unified Telephone Information System, a service providing CVT riders and persons outside the region with telephone and online schedule information both on CVT and on all fixed-route transit systems operating in the County. The proposed amendment for Fiscal Year 2005/2006 continues CVT's participation in this regional transit information system at a cost of$53,120.19. (Public Works Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MASTER LICENSE AGREEMENT WITH CRICKET COMMUNICATIONS, INC. FOR THE INSTALLATION AND OPERATION OF UP TO 35 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF FNE YEARS WITH AN OPTION TO RENEW FOR UP TO FNE ADDITIONAL FIVE-YEAR TERMS , . Adoption of the resolution approves a master license agreement establishing terms between the City and Cricket Communications for the installation of up to 35 wireless telephone facilities within Chula Vista on City property and/or City right-of-way, subject to review by the City Manager's Office and applicable City departments. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Page 4 - Council Agenda http://www.chulavistaca.gov January 10, 2006 PUBLIC HEARINGS The following item has been advertised as a public hearing as required by law. If you wish to speak on this item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 10. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP (PCS-03-01) AND REZONE (PCZ-03-01) FOR A PROJECT KNOWN AS EL DORADO RIDGE, CHULA VISTA TRACT 03-01, LOCATED ON THE EAST SIDE OF BRANDYWINE AVENUE, EAST OF THE INTERSECTION OF BRANDYWINE AVENUE AND MENDOCINO DRIVE (APPLICANT: CVHI, LLC; continued from December 6,2005) Adoption of the ordinance and resolutions approves a re-zone from the R-I-IOH (single- family residential, hillside modifying district) zone to the R-2-P (one- and two-family residential) zone; adopts Precise Plan modifying district standards; and approves a tentative condominium subdivision map to subdivide a vacant 11.46-acre lot into two lots, including a 7.22-acre multi-family residential lot for construction of 104 attached condominium town homes and a 4.24-acre open space lot for preservation of biological resources and steep slopes. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing, place the following ordinance on first reading, and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-02-045 B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE, REZONING AN 11.46-ACRE PARCEL LOCATED ON THE EAST SIDE OF BRANDYWINE AVENUE ACROSS FROM MENDOCINO DRIVE FROM THE R-I-IOH (SINGLE FAMILY RESIDENTIAL, HILLSIDE) ZONE TO THE R-2-P (ONE AND TWO FAMILY RESIDENTIAL, PRECISE PLAN) ZONE; AND ADOPTING PRECISE PLAN STANDARDS C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE 11.46 ACRES LOCATED ON THE EAST SIDE OF BRANDYWINE A VENUE, ACROSS FROM MENDOCINO DRIVE, INTO A TWO-LOT CONDOMINIUM SUBDIVISION CONTAINING 104 RESIDENTIAL UNITS AND OPEN SPACE (EL DORADO RIDGE) Page 5 - Council Agenda http://www.chulavistaca.gov January 10, 2006 ACTION ITEMS II. CONSIDERATION OF ESTABLISHING A COUNCIL SUBCOMMITTEE ON PUBLIC SAFETY SERVICES Earlier this fiscal year, Councilmember Castaneda made a staff referral regarding the formation of a Council subcommittee on public safety-related issues. The need for such a committee is greater than ever, given the impending completion of several major public safety-related policy documents, including the Advanced Life Support and Ambulance Transport Study, the Fire Facilities Master Plan, and the Police Department's strategic business plan. (City Manager) Staff recommendation: Council adopt the following resolution establishing a subcommittee on public safety for the purpose of reviewing planning documents, identifying issues and making policy recommendations related to the provision of public safety services: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A COUNCIL SUBCOMMITTEE ON PUBLIC SAFETY SERVICES OTHER BUSINESS 12. CITY MANAGER REPORTS 13. MAYOR'S REPORTS 14. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 15. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . Two cases 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. In re The Environmental Trust, Inc. (USBC # 05-02321-LAII) B. Jesus Sanchez v. City ofChula Vista, et al. (USDC #04 0084 DMS) C. Melva Duran v. City of Chula Vista (SDSC #GlC847070) ADJOURNMENT to the Regular Meeting of January 17, 2006 at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 6 - Council Agenda http://www.chulavistaca.gov January 10, 2006 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 22, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:14 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone (arrived at 7:18 p.m.) and Mayor Padilla ABSENT: Councilmembers: Davis (excused) ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY CATHERINE HILL FROM THE LEAGUE OF CALIFORNIA CITIES OF THE HELEN PUTNAM AWARD FOR EXCELLENCE TO THE POLICE DEPARTMENT FOR ITS ANTI-BULLYING PROJECT IMPLEMENTED IN THREE CHULA VISTA ELEMENTARY SCHOOLS Catherine Hill, representative from the San Diego Division of the League of California Cities, presented the Helen Putnam Award for Excellence to Melanie Culuko, Public Safety Analyst, Police Department. . PRESENTATION BY MAYOR PADILLA TO BARBIE BROOKOVER, POLICE SUPPORT SERVICES MANAGER, OF A PROCLAMATION PROCLAIMING WEDNESDAY, NOVEMBER 30, 2005 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY Mayor Padilla read the proclamation, and Councilmember McCann presented it to Ms. Brookover and representatives of the Police Department's support personnel. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO JACK MITCHELL, 2005 VETERAN OF THE YEAR Mayor Padilla read the proclamation, and Councilmember McCann presented it to Mr. Mitchell. CONSENT CALENDAR (Items 1 through 10) 1. APPROVAL OF MINUTES of October 25, and November 1,2005. Staff recommendation: Council approve the minutes. /11 -I , CONSENT CALENDAR (Continued) 2. WRITTEN COMMUNICATIONS · Memorandum from Wendy Endaya, Secretary to the Human Relations Commission, infonning Council of the resignation of Samuel Avalos. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. ORDINANCE NO. 3027, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE 2.66.043 PERMITTING POSSESSION AND CONSUMPTION OF ALCOHOL BY PERMIT DURING PARK OPERATING HOURS (SECOND READING) Adoption of the ordinance amends the Municipal Code to pennit possession and/or consumption of alcohol in City parks under the tenns of a lease, operating agreement or pennit issued by the Public Works Director, Recreation Director or City Manager and/or their designee. This ordinance was introduced on November 15, 2005. (Police Chief, Public Works Operations Director, Parks and Recreation Director) Cns Bolton, representing South Bay Horseshoe Club, requested a lease agreement or a one-time pennit for the club, which uses the park six days per week. Staffrecommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2005-372, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE CHULA VISTA CONSTRUCTION STANDARDS AND SUBDIVISION MANUAL (Continued from October 25,2005) Proposed changes to federal accessibility standards were published in July 2004. Since then, a team of City staff has reviewed the City's requirements, specifications, and standards for the design and construction of public works projects. Adoption of the resolution approves changes to the City standards for curb ramps and the Subdivision Manual to reflect and comply with the existing and proposed regulations of the Access Board. (City Engineer) Staffrecommendation: Council adopt the resolution. 5 A. RESOLUTION NO. 2005-373, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT B. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN; FIRST READING) Page 2 - Council Minutes http://www .chulavistaca.gov / It ~ .2.. November 22, 2005 CONSENT CALENDAR (Continued) The Council previously adopted a resolution of intention to establish Community Facilities District No. 13-1 (CFD 13-1) and to declare the necessity to incur bonded indebtedness. A special election of the eligible property owners was held on November 1, 2005 to vote on the formation of CFD 13-1. Adoption of the resolution declares the results of that election; and adoption of the ordinance will authorize the levy of a special tax in CFD 13-1. (City Engineer) Staff Recommendation: Council adopt the resolution and place the ordinance on first reading. 6. RESOLUTION NO. 2005-374, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND, IF AWARDED, ACCEPTANCE OF A FISCAL YEAR 2006/2007 BICYCLE TRANSPORTATION ACCOUNT (BTA) PROGRAM GRANT FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO FUND BICYCLE FACILITIES ON INDUSTRIAL BOULEVARD; AND AUTHORIZING THE COMMITMENT OF MATCHING FUNDS THEREFOR With a steady growth in bicycle usage and the demand for new bikeways and routes since 1996, the Bikeway Master Plan was updated in January 2005 in order to locate, develop and encourage the use of the City's bikeway system. The plan identified a key project that will develop and improve bicycle facilities along Industrial Boulevard. (City Engineer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2005-375, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO. WHICH WILL INCREASE THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF HARBORS IDE PARK (CIF PR-249) LOCATED ON OXFORD STREET IN WESTERN CHULA VISTA, AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE "WESTERN CHULA VISTA INFRASTRUCTURE PROGRAM (GG188)" TO THE "HARBORSIDE PARK (PR-249)" AS NECESSARY TO COMPLETE THE PROJECT (4/5THS VOTE REQUIRED) On October 5, 2004, the Council approved a design build agreement with Erickson-Hall Construction Co. and established the guaranteed maximum price (GMP) at $1,987,030 on May 17, 2005. The project is currently in the construction phase. Due to unanticipated materials found on the site, it has become necessary to increase the GMP to cover expenses necessary for proper material removal. (General Services Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes http://www.chulavistaca.gov CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2005-376, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED EVEN START GRANT AUGMENTATION FUNDS IN THE AMOUNT OF $15,833 FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S EVEN START FAMILY LITERACY GRANT (4/5THS VOTE REQUIRED) The California Department of Education has advised the Chula Vista Public Library that its four-year Even Start grant in the amount of$166,667 has been augmented by $15,833 for fiscal year 2006. These funds must, therefore, be appropriated. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2005-377, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECLASSIFYING A LIBRARIAN III POSITION TO SENIOR LIBRARIAN IN THE LIBRARY DEPARTMENT BUDGET A Librarian III currently manages the EastLake Branch Library. Due to increased patronage, the Library is requesting that this position be reclassified to a Senior Librarian. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2005-378, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS (DASH) AND SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH) AFTER SCHOOL PROGRAMS AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Adoption of the resolution approves an addendum to the memorandum of understanding between the City and the Chula Vista Elementary School District for Fiscal Year 200512006 for the operation of two after-school programs at elementary school sites. (Assistant City Manager Palmer) Staffrecommendation: Council adopt the resolution. 10.1 RESOLUTION NO. 2005-379, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A WAIVER OF POTENTIAL CONFLICT OF INTEREST WITH RESPECT TO PROSPECTIVE REPRESENTATION OF FLIER'S INCORPORATED Page 4 - Council Minutes http://www.chulavistaca.gov /~-'f November 22, 2005 CONSENT CALENDAR (Continued) On November 16, 2005, former Senior Assistant City Attorney Glen R. Googins requested that the City Attorney confirm that Mr. Googins' prospective representation of Flier's Incorporated does not present a conflict of interest that must be waived pursuant to California Rules of Professional Conduct 3-310(D). The decision to waive a potential conflict of interest lies with the City Council. Although there is always the potential for future conflict, it does not appear at this time that the interests of Mr. Googins' prospective client are adverse to the City. Accordingly, it is recommended that the City Council waive any potential conflict arising from the limited scope of the proposed representation. Staffrecommendation: Council adopt the resolution. ACTION: Mayor Padilla offered the Consent Calendar, headings read, texts waived. The motion carried 3-0 on Items 1 through 6, 9 and 10.1, with Councilmember Rindone not yet present; and 4-0 on Items 7, 8 and 10. PUBLIC COMMENTS Gregory Smith, Chair of the Economic Restructuring Committee of the Third Avenue Village Association, was concerned that retail businesses are moving out due to the delay in adopting the Urban Core Specific Plan. The area is being taken over by non-retail businesses, such as professional offices, reducing the foot traffic needed to support downtown businesses. He expressed the importance of retaining the look and feel of a small town village with first-class restaurants and up-scale retail businesses. He requested that the Council identify the Third A venue Village as a problem area and implement interim actions to save retail on Third Avenue. Stan Jasek concurred with the comments made by Gregory Smith and stated that the land use matrix in the Urban Core Specific Plan would go a long way to save Third Avenue. He asked that staffrecommend to the Council any possible action to preclude the continuance of buildings being bought by professional businesses. Dr. Richard Freeman, Senior Minister of Community Congregational Church, Vice-Chair of the Urban Core Specific Plan Committee, and member of the Downtown Business Association, recommended that the land use matrix that has come before the committee be referred to staff and brought back to the Council as soon as possible for implementation. Mr. Pemberton suggested that the City tailor businesses on the west side to serve the people who live on the west side and provide services that residents need day-to-day, rather than building high-rises. He also suggested that the Council establish rules regarding the use of eminent domain. ACTION ITEMS 11. CONSIDERATION OF ESTABLISHING A CAPITAL IMPROVEMENT PROJECT FOR STORM DRAIN PIPE REHABILITATION (PROJECT DR-165), TRANSFERRING FUNDS FOR THAT PURPOSE; REJECTING THE AUGUST 17 AND SEPTEMBER 7,2005 BIDS, AND ACCEPTING THE OCTOBER 12,2005 BIDS FOR PROJECT DR-165 Page 5 - Council Minutes http://www .chulavistaca.gov /11-17 November 22, 2005 ACTION ITEMS (Continued) As part of an ongoing program to rehabilitate corrugated metal drainage pipe throughout the City, staff has identified a number of stonn drain facilities that are deteriorated and in need of rehabilitation. This project consists of replacing those drainage facilities at three locations most in need of rehabilitation. (General Services Director) A. B. ACTION: ACTION: C. RESOLUTION NO. 2005-380, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A CAPITAL IMPROVEMENT PROJECT ENTITLED CMP STORM DRAIN PIPE REHABILITATION PROGRAM (DR-165) PROJECT AND TRANSFERRING EXISTING FUNDS FROM CIP "WESTERN CHULA VISTA INFRASTRUCTURE" (GG-188) TO DR-165 FOR SAID PURPOSE RESOLUTION NO. 2005-381, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE AUGUST 17 AND SEPTEMBER 7, 2005 BIDS FOR CMP STORM DRAIN PIPE REHABILITATION PROGRAM (DR-165) RESOLUTION NO. 2005-382, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE OCTOBER 12, 2005 BIDS AND AWARDING A CONSTRUCTION CONTRACT FOR THE CMP STORM DRAIN PIPE REHABILITATION PROGRAM (DR-165) PROJECT Councilmember McCann offered Resolutions 2005-381 and 2005-382, headings read, texts waived. The motion carried 3-0, with Councilmember Rindone not yet present. Mayor Padilla offered Resolution 2005-380, heading read, text waived. The motion carried 4-0. 12. CONSIDERATION OF AWARDING A CONTRACT FOR PAVEMENT REHABILITATION; AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AND A BUDGET TRANSFER AS NECESSARY TO COMPLETE THE PROJECT On October 26, 2005, the General Services Director received sealed bids for this project. The work consists of the application of a seal coat and pavement overlay on various pavement locations in the City. The work also includes the removal/replacement of failed pavement, striping, traffic control, and other miscellaneous work, all labor, material, equipment, and transportation necessary for the project. (General Services Director) A. RESOLUTION NO. 2005-383, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING A CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2004/2005 OVERLAY IN THE CITY OF CHULA VISTA, CALIFORNIA" PROJECT, A COMPONENT OF THE 2005 PAVEMENT REHABILITATION PROJECT (STL-31O), AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT Page 6 - Council Minutes http://www.chulavistaca.gov lit-/,? November 22, 2005 ACTION ITEMS (Continued) ACTION: ACTION: B. RESOLUTION NO. 2005-384, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A BUDGET TRANSFER IN . THE AMOUNT OF $144,358 FROM THE PARKS PARKING LOT PROJECT (PR-236) TO THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2004/2005 OVERLAY IN THE CITY OF CHULA VISTA, CALIFORNIA" PROJECT, A COMPONENT OF THE 2005 PAVEMENT REHABILITATION PROJECT (STL-31O) AS NECESSARY TO COMPLETE THE PROJECT (4/5THS VOTE REQUIRED) Councilmember McCann offered Resolution 2005-383, heading read, text waived. The motion carried 3-0, with Councilmember Rindone not yet present. Mayor Padilla offered Resolution 2005-384, heading read, text waived. The motion carried 4-0. 13. REPORT ON UTILITY UNDERGROUNDING PROGRAM FUNDING AND PRIORITIES This report provided details on the City's utility undergrounding program, as well as estimated costs for the undergrounding districts that have not yet been constructed, and the ramifications of expediting the desigo and construction of L Street from Monserate Avenue to Nacion Avenue. The report outlined schedules and costs involved for the recommended alternative. (City Engineer) Senior Civil Engineer Nuhaily presented the report and next steps in the program. He indicated that staff would return to Council in 2006 with proposed changes in the undergrounding rating criteria and priorities. Norman Yaggie, representing residents of 19 homes on Norman Way, commended the Engineering staff for an excellent job and expressed appreciation for the scheduled utility undergrounding. Councilmember Castaneda requested that staff present a proposed policy to address prioritizing projects so the Council can have input on how that policy is written and implemented. ACTION: Mayor Padilla moved to accept the report. Councilmember McCann seconded the motion, and it carried 3-0, with Councilmember Rindone not yet present. 14. CONSIDERATION OF APPROVAL OF THE FORM OF THE SECOND AMENDMENT TO THE ACQUISITION/FINANCING AGREEMENT FOR COMMUNITY FACILITIES DISTRICT 2001-1 (CFD 2001-1, SAN MIGUEL RANCH), AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR IMPROVEMENT AREAB OF CFD 2001-1 Page 7 - Counc,it Minutes http://www .chulavistaca.gov lli-? November 22, 2005 ACTION ITEMS (Continued) On December 4, 2001, the Council established Improvement Area B in Community Facilities District 2001-1. The district was formed for the purpose of providing for the financing and acquisition of certain authorized public facilities. Adoption of the resolutions amends the acquisition/finance agreement for the district and authorizes the issuance of special tax bonds for Improvement Area B. (City Engineer) ACTION: Councilmember McCann offered the following resolutions, headings read, texts waived: RESOLUTION NO. 2005-385, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF THE SECOND AMENDMENT TO THE ACQUlSITION/FINANCING AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) RESOLUTION NO. 2005-386, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF SUCH COMMUNITY FACILITIES DISTRICT FOR IMPROVEMENT AREA B THEREOF, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT, AND OTHER DOCUMENTS RELATED THERETO, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS The motion carried 3-0, with Councilmember Rindone not yet present. 15. REPORT REGARDING THE IMPLEMENTATION OF THE DOWNTOWN PROPERTY BASED BUSINESS IMPROVEMENT DISTRICT (PBID) RENEWAL PROCESS AND POTENTIAL BOUNDARY EXPANSION This report addressed a proposal to include additional City parcels within an expanded PBID boundary. (Director of Community Development) Deputy Director of Redevelopment Hare presented a PBID status report. Councilmember Rindone arrived at this point, 7:18 p.m. David Hoffinan, Secretary for the Downtown Business Association, thanked the City for its support of the downtown village. He saw PBID as a partnership between the City, businesses, and property owners, and as an investment in downtown, not a subsidy. He presented the Council with the Downtown Business Association's accomplishments for 2005. ACTION: Mayor Padilla moved to accept the report. Councilmember Castaneda seconded the motion, and it carried 4-0. Page 8 - Council Mioutes http://www.chul\J,.Yistaca.gov //l- R November 22, 2005 At 7:40 p.m., Mayor Padilla recessed the City Council meeting. The meeting reconvened at 7:45 p.m., with Mayor Padilla and Councilmembers Castaneda, McCann and Rindone present. OTHER BUSINESS 16. CITY MANAGER'S REPORTS City Manager Rowlands announced upcoming hearings on the General Plan Update scheduled for December 13 and December 20, 2005 at 6:00 p.m. 17. MAYOR'S REPORTS ACTION: A. Ratification of appointment of Karina Liston (Hilltop High School) to the Youth Commission. B. Ratification of appointment of Elizabeth Vargas (Castle Park Middle School) to the Youth Commission. C. Ratification of appointment of Bill Richter to the Charter Review Commission. Mayor Padilla moved to ratify the above appointments. Councilmember McCann seconded the motion, and it carried 4-0. Mayor Padilla expressed gratitude for the gifts he has received, including the honor of serving the residents of Chula Vista. He reminded everyone to be grateful for what they have and to remember the important things in life. He thanked staff for all that they do and wished everyone a happy Thanksgiving. 18. COUNCIL COMMENTS ACTION: . John McCann: Referral to staffto come back to Council with an ordinance within 60 days banning convicted sexual predators trom being within 300 feet of schools, daycare centers, playgrounds, parks, amusement centers, arcades and libraries. Councilmember McCann moved to direct staff to return to Council within 60 days with an ordinance that would comply with state law and ban convicted sexual predators trom being within 300 feet of schools, daycare centers, playgrounds, parks, amusement centers, arcades and libraries. Mayor Padilla seconded the motion, and it carried 4-0. Councilmember McCann requested that a link to www.meaganslaw.gov be placed on the City's website. Councilmember McCann also stated that he attended and spoke at the CAST dinner on Saturday night, and he extended thanks to Dr. Emerald Randolph and all CAST members for their work. Councilmember Rindone mentioned that he also spoke at the CAST dinner, as well as the beautification dinner, two great events hosted by the City. At 8:03 p.m., the Council recessed to Closed Session. Page 9 - Council Minutes http://www.chulavistaca.gov /ll9 November 22, 2005 CLOSED SESSION 19. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One case This item was not discussed. 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Workers' Compensation Appeals Board, Case no. SDO 0195270 ACTION: The Council agreed to allow the City to enter into negotiations toward settlement. ADJOURNMENT At 8:35 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on November 29,2005 at 6:00 p.m. in Executive Conference Room C-103, located in City Hall, and thence to the Regular Meeting of December 6,2005, at 4:00 p.m. in the Council Chambers. . ~ - -AU-.{ 6. ~~~~ Susan Bigelow, MMC, City Clerk . Page 10 - Council Minutes http://www .chulavistaca.gov /tf/tJ November 22, 2005 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 29,2005 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone (arrived at 6: 13 p.m.), and Mayor Padilla ABSENT: Councilmembers: Davis (excused) ALSO PRESENT: City Manager Rowlands, Assistant City Manager Smith, Senior Assistant City Attorney Marshall, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 1. REVIEW OF APPLICATIONS FOR POSITIONS AS INDEPENDENT DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION Staff recommendation: Council review the applications and recommend candidates to be interviewed. Mayor Padilla provided an overview of the recommended process to select applicants to advance to the interview phase. Each Councilmember spoke regarding the qualities they were looking for in each of the four categories: Architect/Environmental Planner; Financial PlannerlEducator/Community Leader; Real Estate Developer/Business Leader; Civil Engineer/Urban Designer/Scientist. The Councilmembers combined thoughts were: . Technical expertise, understanding ofChula Vista . Local point of view . Business sense, development expertise, strong ethics, conflict resolution, financial expertise . Knowledge of urban fonn . Diversity of thought . Look in-house first, highly qualified local people . Review potential conflicts of interest in advance of final selection with City Attorney . Ethics screening, resume checks . Added value Mayor Padilla stated that with Council concurrence, after the initial screening, a strong vetting process would begin with an affinnation by the applicant of his or her commitment to the position, followed by conflict screening by the City Attorney, a general background review, and then interview scheduling. ;13-1 Councilmember McCann asked that copies of the screemng questions be provided to the Council. It was the consensus of the Council to advance applicants receiving two or more votes to the screening process. The following applicants were selected: Category I - ArchitectlEnvironmental Planner Travis Cleveland Steven Lombardi Katherine Magallon Christopher Rooney Mike Spethman Category 2 - Financial Planner/Educator/Community Leader Nick Aguilar Kurt Chilcott Paul Desrochers Enrique Ganderilla Category 3 - Real Estate Developer/Business Leader Sherman Harmer Liz Jackson Kevin O'Neill Chris Lewis Category 4 - Civil EngineerlUrban Designer/Scientist Rafael Munoz Doug Paul ACTION: Councilmember Rindone moved to direct staff to adhere to the proposed interview schedule as closely as possible. Councilmember McCann seconded the motion, and it carried 4-0. Councilmember Rindone suggested, and Council concurred, that interviews be scheduled on Thursday evenings, since the Chula Vista Redevelopment Corporation will meet on Thursdays; and he asked staff to schedule applicants for interviews by category. The Council concurred that they would like copies of the background notes taken during the vetting process. Mayor Padilla suggested that time be scheduled prior to the interviews to publicly review how the Council will proceed with applicant questioning. Councilmember McCann expressed his pleasure that the establishment of the Chula Vista Redevelopment Corporation was moving forward, requested an update on the search for the Chief Executive Officer, and requested a similar public process for the selection of applicants for that position, as well. Page 2 - Council Minules http://www .chulavistaca.gov 16~2 November 29, 2005 . Councilmember Rindone requested that the Mayor send a written communication expressing appreciation to the 29 applicants who were not selected to move forward in the process. PUBLIC COMMENTS There were none ADJOURNMENT At 7:41 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of December 6,2005, at 4:00 p.m. in the Council Chambers. g;~. QMV'~l~ on Anne Peoples, CM Senior Deputy City Clerk Page 3 - Council Minutes http://www.chulavistaca.gov /~r3 November 29, 2005 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 6, 2005 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:22 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: Davis (excused) ALSO PRESENT: City Manager Rowland, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE Mayor Padilla explained the history of the gavel, and upon receipt of the gavel from Youth Commissioner Bianca Brodbeck, called the meeting to order for the first time in the new Council Chambers. The Colors were presented and posted by the Chula Vista Police Color Guard, followed by a moment of silence. Mayor Padilla then recognized special guests in the audience, including County Supervisor Greg Cox, former Councilmember Mary Salas and former Councilmember Scott Alevy. Supervisor Cox and former Councilmember Salas addressed the Mayor and Council and thanked them for the first-class facility in and for a first-class City. SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE: Karina Liston - Youth Commission Elizabeth Vargas - Youth Commission Bill Richter - Charter Review Commission Senior Deputy City Clerk Peoples administered the oaths of office, and Councilmember McCann presented each with a certificate of appointment. . INTRODUCTION BY DANA SMITH, ASSISTANT CITY MANAGER! COMMUNITY DEVELOPMENT DIRECTOR, OF THE EMPLOYEE OF THE MONTH, MARY DONNELLY, SENIOR ADMINISTRATIVE SECRETARY, COMMUNITY DEVELOPMENT /c-/ SPECIAL ORDERS OF THE DAY (continued) Assistant City Manger Madigan and Assistant City Manager/Community Development Director Smith introduced Senior Administrative Secretary Donnelly. Mayor Padilla read the proclamation, and Councilmember McCann presented it to Ms. Donnelly. Councilmember Rindone recognized his daughter, Sally, who was present in the audience. Councilmember McCann thanked everyone for their presence on this inaugural night in the new Chambers. CONSENT CALENDAR (Items 1 through 15) 1. AFPROV AL OF MINUTES of November 15, 2005. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3028, ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN; SECOND READING) Council previously adopted a Resolution of Intention to establish Community Facilities District No. 13-1 (CFD 13-1) and to declare the necessity to incur bonded indebtedness. A special election of the eligible property owners was held on November 1,2005 to vote on the formation of CFD 13-1. Adoption of the ordinance authorizes the levy of a special tax in CFD 13-1. This ordinance was introduced November 22,2005. (City Engineer) Staff Recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2005-387, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE STATEWIDE GREENHOUSE GAS REDUCTION TARGETS In his Environmental Action Plan, Governor Schwarzenegger set forth his administration's goal to make California a leader in efforts to reduce global warming. Accordingly, on June I, 2005, the Governor signed an executive order establishing statewide greenhouse gas emission targets and directed the Secretary of the California Environmental Protection Agency to lead the effort to achieve these targets. The proposed resolution supports the statewide greenhouse gas reduction targets. (Intergovemmental Affairs Coordinator) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2005-388, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2006 Page 2 - Council Minutes http://www.chulavistaca.gov /C-..2.... December 6, 2005 CONSENT CALENDAR (continued) The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. Adoption of the resolution fulfills this requirement. (Human Resources Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2005-389, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE ABANDONMENT OF AN IRREVOCABLE OFFER OF DEDICATION FOR ROADWAY PURPOSES LOCATED AT 617 NAPLES STREET The owners of 617 Naples Street have requested that the City abandon an existing irrevocable offer of dedication for roadway purposes lying across the easterly 30 feet of their property. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2005-390, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TIME LIMITED PARKING ON EAST PALOMAR STREET BETWEEN SANTA CORA AVENUE AND VISTA SONRISA Adoption of the resolution approves a combination of ten-minute and one-hour time limited parking on the south side of East Palomar Street from Santa Cora Avenue to Vista Sonrisa to serve the parking needs of the mixed-use development in the area. (City Engineer) Staff recommendation: Council adopt the resolution. 7 A. RESOLUTION NO. 2005-391, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT BETWEEN MCMILLIN OTA Y RANCH, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY WITHIN MCMILLIN OTAY RANCH VILLAGE SEVEN "A" MAP, R-IA, R-IB, R-5; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2005-392, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT BETWEEN MCMILLIN OT A Y RANCH, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY WITHIN MCMILLIN OTAY RANCH VILLAGE SEVEN R-6 AND R-7, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolutions approves grant of easements, license and maintenance agreements for privately maintained public property within Otay Ranch Village Seven. (City Engineer) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes http://www.chulavistaca.gov / t... -3 December 6, 2005 CONSENT CALENDAR (continued) 8 A. RESOLUTION NO. 2005-393, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN Y ACOEL INVESTMENTS, LLC AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF- WAY ALONG THE FRONTAGE OF THE CROSSINGS SHOPPING CENTER; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2005-394, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LANDSCAPE MAINTENANCE PROVISIONS AGREEMENT BETWEEN CALTRANS AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF CALTRANS RIGHT-OF-WAY ALONG THE FRONTAGE OF THE CROSSINGS SHOPPING CENTER; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The project is located at the southeast comer of Main Street and 1-805 and will consist of a Kohl's department store, as well as smaller commercial vendors. Adoption of the resolutions approves grants of easements and maintenance agreements, along with a landscape maintenance provisions agreement between the City and CAL TRANS. These agreements set forth specific obligations and responsibilities for the maintenance of certain landscaping improvements and facilities adjacent to the project. (City Engineer) Staff recommendation: Council adopt the resolutions. 9 A. RESOLUTION NO. 2005-395, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-11 AND R- 12; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-11 AND R-12 B. RESOLUTION NO. 2005-396, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-11 AND R-12 Adoption of the resolution approves the final map for Neighborhoods R-ll and R-12, a subdivision of Otay Ranch Village 11 (Windingwalk). Neighborhoods R-11 and R-12 consist of 91 single family detached lots and 7 Home Owner's Association-maintained open space lots. (City Engineer) Staffrecommendation: Council adopt the resolutions. Page 4 - Council Minutes http://www.chulavistaca.gov /e -..;L December 6, 2005 CONSENT CALENDAR (continued) 10 A. RESOLUTION NO. 2005-397, RESOLUTION OF THE CITY COUNClL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-13 AND R- 14; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-13 AND R-14 B. RESOLUTION NO. 2005-398, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-13 AND R-14 Adoption of the resolutions approves the final map, associated subdivision improvement and supplemental subdivision improvement agreements, grant of easements and maintenance agreement for Neighborhoods R-13 and R-14, a subdivision ofOtay Ranch Village 11 (WindingwaIk). The subdivision consists of 108 single-family detached lots and 13 Home Owner's Association-maintained open space lots. (City Engineer) Staff recommendation: Council adopt the resolutions. 11 A. RESOLUTION NO. 2005-399, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAYRANC.H VILLAGE 11, NEIGHBORHOODS R-15 AND R- 16; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-15 AND R-16 B. RESOLUTION NO. 2005-400, RESOLUTION OF THE CITY COUNClL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-15 AND R-16 Adoption of the resolutions approves the final map for Neighborhoods R-15 and R-16, a subdivision of Otay Ranch Village 11 (Windingwalk). Neighborhoods R-15 and R-16 consist of 126 Single-family detached lots and 11 Home Owner's Association-maintained open space lots. (City Engineer) Staff recommendation: Council adopt the resolutions. Page 5 - Council Minutes http://www.chulavistaca.gov - /C -:J December 6, 2005 CONSENT CALENDAR (continued) 12 A. RESOLUTION NO. 2005-401, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTA Y RANCH VILLAGE 11 "A" MAP NO.3; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC STREETS AND EASEMENTS; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTA Y RANCH, VILLAGE II"A" MAP NO.3 B. RESOLUTION NO. 2005-402, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN CITY- OWNED REAL PROPERTY AS RIGHT-OF-WAY FOR STREET AND PUBLIC UTILITY PURPOSES FOR HUNTE P ARKW A Y C. RESOLUTION NO. 2005-403, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR OT A Y RANCH VILLAGE II "A" MAP NO.3 Adoption of the resolutions approves the "A" map for the third phase of Otay Ranch Village 11, Windingwalk. The developer for the project is Brookfield Shea Otay, LLC. This map creates other "super block" lots that will be further subdivided with "B" maps. The development is primarily residential except for one planning area, which will become a middle school. The joint use agreements associated with this map provide for the creation of right of way for Hunte Parkway, Eastlake Parkway, Discovery Falls Drive, Exploration Falls Drive and Crossroads Street. (City Engineer) Staff recommendation: Council adopt the resolutions. 13. RESOLUTION NO. 2005-404, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXECUTED MILLS ACT CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF THE HISTORIC PROPERTIES LOCATED AT 170 CYPRESS STREET AND 10 SECOND A VENUE, AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACTS Adoption of the resolution approves Mills Act contracts with owners of historic homes, and once recorded, the properties will be eligible for tax credit in the next assessed tax year. (Planning and Building Director) Staffrecommendation: Council adopt the resolution. 14. RESOLUTION NO. 2005-405, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING TRANSFER AGREEMENT RELATED TO OTAY RANCH VILLAGE SEVEN BETWEEN THE CITY AND MCMILLIN OTAY RANCH, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Page 6 - Council Minutes http://www.chulavistaca.gov /~ -(p December 6, 2005 CONSENT CALENDAR (continued) In accordance with the sectional planning area plan and tentative subdivision map for Otay Ranch Village Seven, McMillin Otay Ranch, LLC (developer) is required to enter into an affordable housing agreement with the City to implement its affordable housing obligation for the project. (Assistant City Manager/Community Development Director) Staffrecommendation: Council adopt the resolution. 15. RESOLUTION NO. 2005-406, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH A VENUE FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M. - 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL; AND WAIVING THE BUSINESS LICENSE REQUIREMENT FOR VENDORS PARTICIPATING IN THE DOWNTOWN FARMERS MARKET The Chula Vista Downtown Business Association (DBA) has managed the downtown Farmers' Market on Thursday afternoons since 1991. The event is highly successful, providing a needed service, enhancing the City's cultural activities and drawing more people to the downtown Third A venue area. Adoption of the resolution approves a two- year extension, allowing the Farmers' Market to continue in its current location until December 31, 2007. (Assistant City Manager/Community Development Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Rindone moved to approve staff s recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried (4-0). ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Melanie Stuart, former member of the International Friendship Commission, expressed her interest in being named as a distinguished volunteer at the next Sister Cities International conference, and humbly requested that the Mayor and Council recommend her as one of the volunteers to be recognized at the conference in July 2006. PUBLIC HEARINGS 16. CONSIDERATION OF GENERAL PLAN AMENDMENT, REZONE AND TENTATIVE SUBDIVISION MAP, GPA-05-01, PCZ-03-01, AND PCS-03-01, FOR A PROJECT KNOWN AS EL DORADO RIDGE, CHULA VISTA TRACT-03-01, LOCATED ON THE EAST SIDE OF BRANDYWINE AVENUE, EAST OF THE INTERSECTION OF BRANDYWINE A VENUE AND MENDOCINO DRIVE (APPLICANT: CVHI, LLC) Page 7 - Council Minutes http://www.chulavistaca.gov /4 '.7 ,/ :.".i' December 6, 2005 PUBLIC HEARINGS (Continued) Adoption of the proposed ordinance and resolution approves a General Plan amendment, a zoning reclassification, and a tentative condominium subdivision map to subdivide a vacant 11.46-acre lot into two lots, including a 7.22-acre multi-family residential lot for construction of 104 attached condominium town homes, and a 4.24-acre open space lot for preservation of biological resources and steep slopes. (Planning and Building Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There was no one present wishing to be heard. ACTION: Councilmember McCann moved to continue the public hearing to January 10, 2006. Councilmember Rindone seconded the motion, and it carried 4-0. 17. CONSIDERATION OF THE 2006/2007 HOUSING AND URBAN DEVELOPMENT GRANT PROGRAMS TlMELINE; THE 2004/2005 PERFORMANCE REPORT; THE CITIZEN PARTICIPATION PLAN; AND THE SECOND AMENDMENT TO THE 2005/2006 ANNUAL ACTION PLAN The City of Chula Vista receives three federal entitlement grants from the Department of Housing and Urban Development (RUD): Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and Emergency Shelter Grant (ESG). These funds are to be used for housing and community projects that serve lower income persons. Annually, the City is awarded approximately $3,400,000 in combined federal grant funds. The grant funds are highly regulated and require strict adherence to monitoring and compliance. (Assistant City Manager/Community Development Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Assistant City Manager/Community Development Director Smith introduced the item, and the staff report was presented by Housing Manager Mills. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution Nos. 2005-407 and 2005-408, headings read, texts waived: RESOLUTION NO. 2005-407, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITIZEN PARTICIPATION PLAN, THE SECOND AMENDMENT TO THE 2005/2006 ANNUAL ACTION PLAN, AUTHORIZING SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, APPROPRIATING AND ALLOCATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Page 8 - Council Minutes http://www.chulavistac~ov /e -l'J December 6, 2005 PUBLIC HEARINGS (Continued) RESOLUTION NO. 2005-408, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $566,631.01 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND $197,413.70 FROM THE AVAILABLE BALANCE OF THE HOME PROGRAM FUND FOR REIMBURSEMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TREASURY (4/5THS VOTE REQUIRED) The motion carried 4-0. The Council requested a staff report reassessing smaller projects and containing cost-effective recommendations. They also requested that the department's strategic plan be presented in February. ACTION ITEMS 18. CONSIDERATION OF ACCEPTANCE OF FEDERAL GRANT FUNDS FROM THE FISCAL YEAR 2005 FIREFIGHTER ASSISTANCE SAFER GRANT AND APPROPRIATING FUNDS TO ADD AND PROVIDE TOOLS AND APPAREL FOR SIX FIREFIGHTERS AND THREE CAPTAINS TO STAFF THE LIGHT AND AIR HEAVY RESCUE TRUCK The Fire Department has been awarded a federal grant in the amount of $900,000 trom the Fiscal Year 2005 Firefighter Assistance Safer Grant. Funds trom this grant will become available to the City in 2006. This grant will be used to offset the costs of hiring six additional firefighters and three fire captains to enable the department to achieve full staffing of the Fire Department's light and air heavy rescue truck two years ahead of schedule. (Fire Chief) ACTION: Councilmember McCann offered Resolution No. 2005-409, heading read, text waived: RESOLUTION NO. 2005-409, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $900,000 IN UNANTICIPATED GRANT FUNDS FROM THE FISCAL YEAR 2005 FIREFIGHTER ASSISTANCE SAFER GRANT AND AMENDING THE FISCAL YEAR 2006 FIRE DEPARTMENT BUDGET TO APPROPRIATE $296,590, WHICH INCLUDES A LOCAL MATCH OF $161,590 FROM THE GENERAL FUND TO ADD SIX FIREFIGHTERS AND THREE CAPTAINS TO STAFF THE LIGHT AND AIR HEAVY RESCUE TRUCK AND APPROPRIATING $61,600 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND TO OUTFIT THESE POSITIONS WITH THE NECESSARY TOOLS AND WEARING APPAREL (4/5THS VOTE REQUIRED) The motion carried 4-0. Page 9 - Council Minutes http://www.chulavistaca.gov Ie, -9 December 6, 2005 OTHER BUSINESS 19. CITY MANAGER'S REPORTS There were none. 20. MAYOR'S REPORTS . Appointment of Deputy Mayor: John McCann A motion was made by Mayor Padilla, seconded by Councihnember Castaneda, to appoint Councihnember McCann as Deputy Mayor for the 2006 calendar year. The motion carried 4-0. The Mayor and Council expressed gratitude to Councilmember Davis for serving as Deputy Mayor this year and spoke of her as an outstanding individual and strong leader. They asked everyone to keep her in their thoughts and prayers. 21. COUNCIL COMMENTS Councilmember Rindone thanked the Downtown Business Association and Chamber of Commerce for the excellent Yule Parade. Councilmember Castaneda asked that the Mayor and staff, possibly from the Community Development Department, work with citizen Patricia Chavez of the Chula Vistans for Civic Solutions community group to establish neighborhood associations. Councilmember McCann thanked the Downtown Business Association and Chamber of Commerce for the successful Yule Parade. He then spoke of Jessica's Law, which was proposed to assist parents and communities in dealing with sexual predators by restricting their locations and requiring them to wear a GPS system, and by placing minimum sentencing standards on the books. The measure has been stalled in the Legislature for several years. He asked that the Council Legislative Committee bring forward a report to the Council regarding placing a proposition on the ballot ifthe Legislature does not take action soon. Councihnember Rindone requested that the new dais electronic system include a method to indicate to the Mayor if a Councilmember wishes to speak; and that the system also indicate the order in which requests are made if multiple Councilmembers wish to speak. Additionally, he asked staff to obtain historic photos of Chula Vista and work by local artisans for display throughout City Hall. CLOSED SESSION 22. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . Two cases ACTION: There was no reportable action on one case. On the second case, the Council agreed to have staff notify the League of California Cities that they would support litigation by the filing of an amicus brief in the case of Cacho v. Boudreau. Page 10 - Council Minutes http://www.chulavistaca.gov Ie. -/0 December 6, 2005 CLOSED SESSION (Continued) 23. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . One case No reportable action was taken. 24. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . In re: The Environmental Trust, Inc. (USBC # 05-02321-LAll) No reportable action was taken. ADJOURNMENT At 6:45 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of December 13, 2005, at 6:00 p.m. in the Council Chambers. q~~PI'" MC Senior Deputy City Clerk Page II - Council Minutes http://www.chulavistaca.gov /e-// December 6, 2005 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 9, 2005 5:00 P.M. A Special Meeting of the City Council ofthe City ofChula Vista was called to order at 5:16 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Rindone, and Mayor Padilla ABSENT: Councilmembers: Davis (excused), McCann ALSO PRESENT: City Manager Rowland, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE Mayor Padilla provided an overview ofthe meeting purpose. I A. ACCEPTANCE OF LETTER OF RESIGNATION FROM COUNCILMEMBER DAVIS Senior Deputy City Clerk Peoples read the letter of resignation from Councilmember Davis into the record. B. DECLARATION OF VACANCY OF COUNCIL SEAT 1 ACTION: A motion was made by Mayor Padilla, seconded by Councihnember Castaneda, to accept the resignation and declare the vacancy. The motion carried 3-0. C. DETERMINATION OF PROCESS AND TIME-LINE FOR APPOINTMENT OF NEW COUNCILMEMBER TO COUNCIL SEAT 1 ACTION: A motion was made by Councilmember Rindone, seconded by Councilmember Castaneda, to approve the application and process as articulated by staff, as amended (1) to include the additional requirement of one to two letters of recommendation from community members who are not elected officials and (2) to make the information on the required statement of economic interests cover the period ofJanuary I through November 30,2005. The motion carried 3-0. PUBLIC COMMENTS Jesse Navarro, candidate for Seat I, inquired as to whether or not the person appointed to the vacant position would be able to run for office in June 2006. Page 1 - Council Minutes http://www .chulavistaca. gOY //).../ December 9,2005 ADJOURNMENT At 5:55 p.m., Mayor Padilla adjourned the Special Meeting to the Regular Meeting of December 13,2005, and thence to the Adjourned Regular Meeting of December 16, 2005, at 4:00 p.m. in the Council Chambers. Page 2 - Council Agenda http://www .chulavistaca.gov /LJ- el.- ~~,~ Senior Deputy City Clerk December 9, 2005 :::2-- RECE!VED "(}5 DEC 19 P 2 :55 cn Y OF CHULA ViS' ~, CITY CLERK'S OFFiCe December 19, 2005 Dear Mayor and Council, Please accept my formal resignation to the Resource Conservation Commission effective today. It has been a pleasure to work with everyone in the commission. Sine:; . I 4U,,= 0t Patricia E. Chavez Chula Vista City Council Member -2- COUNCIL AGENDA STATEMENT Item Meeting Date: 1/10/06 3 ITEM TITLE: Resolution Approving a budget transfer of $500,000 from "Pavement Rehabilitation 05-06" (STL-315) to a newly created Capital Improvement Project "Pavement Testing and Management Project" (STL- 325), approving an agteement between the City of Chu1a Vista and Nichols Consulting Engineers, Chartered, for pavement testing and management services and authorizing the Mayor to execute said agteement SUBMITTED BY: City Engineer% City Manager f ~ F!( (4/Sths Vote: Yes X No _) REVIEWED BY: BACKGROUND: The last pavement testing and evaluation took place in 2002 and concluded the original multi- year testing progtamlcontract that began in 1986. The current pavement management data is outdated and no longer reflects the actual pavement condition of City streets. Pavement assessment is recommended every three- to five-years. The Request for Proposal process for this effort resulted in ten responses; five consultants were interviewed. Based on the results of the interview process and the evaluation criteria, the Pavement Testing and Management Project contract is recommended for award to Nichols Consulting Engineers, Chartered. RECOMMENDATION: That Council: I. Approve a budget transfer of$500,000 from "Pavement Rehabilitation 05-06" (STL-315) to a newly created Capital Improvement Project "Pavement Testing and Management Project" (STL-325). 2. Approve an agteement between the City of Chula Vista and Nichols Consulting Engineers, Chartered for Pavement Testing and Management Services and authorize the Mayor to Execute said agteement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City of Chula Vista has initiated and maintains a pavement management system in accordance with the California Streets and Highways Code, which requires California Cities to implement a pavement management system as a condition to obtain funding from the State transportation improvement progtarns. Pavement is often considered to be one of a municipality's major holdings and a primary infrastructure responsibility. The City of Chula Vista owns over 445 miles of pavement with an estimated value of about $1 billion. Annually, pavement rehabilitation and maintenance requires one of the largest annual City expenditures of transportation funding. 3-1 Page 2 Item Meeting Date 1/10/2006 In 1986 the City began a system of pavement inspection utilizing laser detection technology and retested the streets with the same method in 1995 and 2002. At that time, laser inspection was presumed to be the latest technology perceived to be more accurate than visual inspection due to the presumed obj ectivity of a non-human system. However, based on the practical experience of our engineering and field experts, as well as engineering professionals from other municipalities, recent benchmarking indicates that visual inspection is a more reliable method of pavement testing if conducted by trained, experienced professionals to maximize consistent evaluation. A Request for Proposals to provide updated Pavement Testing and Management Services was circulated with the following included as the major services to be performed by the Consultant: 1. Visually inspect and rate each segment of the City's street system. 2. Provide pavement management software, preferably based on a non-proprietary program, which would be compatible with the City's technology. 3. Link the pavement management software to the City's Geographic Information System (GIS). 4. Provide City staff with basic on-site field training, as well as hands-on computer training in operating the software. 5. Provide technical support after completion of all other work on the contract. The Consultant Selection process was conducted in accordance with Section 2.56.110 of the Chula Vista Municipal Code. City staff received ten proposals prior to the due date. Based on the consultants' experience, quality of staff, software package, data collection method and understanding of the work to be done, five firms were invited to the interview process. The interviews were held between October 4 and October 11, 2005. The results of the interview process are as follows: CONSULTANT RATING FEE ESTIMATE Nichols Consulting Engineers 92.8 $199,000 Harris and Associates 78.2 $99,583 Stantec 70.8 $56,700 Mactec 64.8 $172,206 Berryman and Henigar 60.6 $141,510 Although Nichols Consulting Engineers was the most expensive of the five firms, the panel members unanimously agreed that Nichols was substantially more qualified. Further investigation into bids below $100,000 indicated that the level of work effort assumed by the firms was substantially less than what City staff believes is required to conduct the vigorous and comprehensive testing needed to fully capture and analyze all the data. Nichols' experience in pavement management and the caliber of engineers and inspectors that would be assigned to the City's work is far superior to those of the competing firms. The Project Manager that would lead the work for the Chula Vista contract has considerable credentials in this field (see Attachment 1). Ms. Margot Yapp is an established expert in the field and has 3-2 Page 3 Item Meeting Date 1/10/2006 taught courses on pavement management for the Federal Highway Administration and at different universities, has published numerous papers on the performance of pavement, and has extensive experience in all aspects of pavement management implementation, including collecting field data, performing analyses and managing projects using a variety of software. The City's investment in its pavement has been, and will likely continue to be, the largest annual expenditure of transportation funds. Therefore, staff s recommendation is intended to select the best system and highest qualified experts with multi-jurisdictional experience in order to ensure reliable data and dependable results. During contract negotiations, the cost for the current contract was increased to $254,900. This increase addresses the latest estimate of centerline miles of constructed public streets, which is now estimated to be 445 miles, rather than the 421 miles stated in the RFP. The updated contract amount also allows the inclusion of additional work including the ability to run multiple optional scenarios based on various levels of funding availability and the creation of a multi-year work plan. Additional copies of reports and purchase of the Street Saver software and computer hardware including a new server required to operate the pavement management system have also been included. Additional optional provisions have been included in the contract to allow the City to extend the customer service period beyond one year and to perform other tasks as requested, at a maximum of$50,000 per year. Pavement assessment of major streets is recommended at three- to five-year intervals, this contract includes re-inspection in 2008 at an agreed-upon rate per segment. FISCAL IMPACT: The cost of hiring a pavement management consultant was included in the CIP project "Pavement Rehabilitation 05-06" (STL-315). The total amount of funding for STL-315 was $2,500,000, allocated from the City's share of Transnet funds. Transferring $500,000 into a new CIP project will allow staff to keep a separate accounting of funds used for the pavement management system and funds used for rehabilitation contracts. Attachments: A. Margot T. Yapp, P.E. Statement of Qualifications e Agreement between the City of Chula Vista and Nichols Consulting Engineers, Chartered S. Cost Breakdown J :\Engineer\A.GENDA \CAS2005\O 1-04-05\Pavement Management Agreement.doc 3-3 ATTACHMENT A ~ Nichols Consulting Margot T. Yapp, P.E. Project Manager Education Engineers, Chtd. MPP in Public Policy, University of Califomia, Berkeley, 2005 M.S. in Civil Engineering, Oregon State University, 1987 B.S. in Civil Engineering, Oregon State University, 1985 B.S. in Forest Engineering, Oregon State University, 1985 Professional Registrations Califomia, Oregon Professional Affiliations American Society of Civil Engineers American Public Works Association Transportation Research Board Committees A1T50 (Asset Management) & A2A07 (Utilities) Summary Experience Ms. Yapp is currently Vice President and has overail responsibility for NCE's offices in Califomia and Washington. She has over 18 years of experience in the area of transportation engineering specializing in pavement design, asseUpavement management and research for roads, highways and airfields. She has also implemented many Pavement Management Systems for cities, counties and airports in Califomia, Oregon, Nevada, Hawaii and Texas. She has taught workshops on pavement management systems for the National Highway Institute/Federal Highway Administration. She is also involved in the evaluation and design of airfield pavements for civilian and military airports. Ms. Yapp is nationally recognized as an expert in assessing damage caused by utility trenching in the public right-of-way. She has performed these studies for a number of agencies throughout the United States including Seattle, Philadelphia, Salem, Santa Clara County and Chico. Additionally, she was Principal Investigator in a research project for the FHWA to determine the long term performance of crumb rubber in asphalt concrete as well as a project for Caltrans to evaluate the implementation of statistically based QC/QA specifications for asphalt concrete. This project included monitoring construction and operation procedures at the plant as well as during paving operations. She is active in the Transportation Research Board and the American Public Works Association. Representative Projects Pavement Management Systems NCE's proposed Project Manager, Ms. Yapp, has worked with pavement management software since 1987. She has worked with over 100 agencies in Califomia, Oregon, Washington, Hawaii and Nevada to implementing the PMS software, from condition surveys to setting up budget parameters to preparing final reports to making presentations to City Councils for cities (Highland, San Dimas, Torrance, Mission Viejo, San Francisco, San Jose, Oakland, Fremont, Torrance, Hayward), county (San Mateo, Marin, stanislaus, Orange, San Bemardino, and Monterey) and federal (US Forest Service, Presidio of San Francisco, Barbers Point NAS) agencies. She has been involved in all aspects of PMS implementation, from collecting field data, performing condition surveys, performing analyses, preparing reports, presenting results to decision makers, and managing projects. The types of PMS software include MTC's StreetSaver, MicroPAVER, dTIMS, Cartegraph and the Hansen Enterprise system. Nichols Consulting Engineers, Chtd. "1!ringing tfie State-oj-tfie-.Jtrt to tfie Sta11dO.nf of'Practiu" 3-4 Currently she works with both regional and local agencies to use their PMS data for developing work plans and also to project longterm needs for bond measures. She has used PMS data to develop pelformance prediction models, to mon~or pelformance of projects constructed w~h new pavement materials such as crumb rubber, and to develop new specifications. Currently, she Is developing a long-term regional pavement needs for all 34 cities in Orange County for the Orange County Transportation Authority. In addition, she has worked ~h MTC to provide hotline support, training, and developed computer user's manuals for the software. She has assisted MTC in the Joint Development Meetings for StreetSaver"'. Aitfield Pavement Management Ms. Yapp was Project Manager for the implementation of a 'PMS at San Francisco Intemational Airport. The project involved all data collection activ~ies, analyses and the preparation of budget reports and maintenance and rehabilitation recommendations. Both airside and landside pavements were included. Additionally, the project included the development of specific program enhancements for the airport, including the use of CADD maps and a project-level pavement analysis program that used mechanistic methods for over1ay design as well as determination of allowable loads using falling weight deflectometer testing. Other airports include Reno-Tahoe International Airport, John Wayne Intemational Airport, Barbers Point NAS, and 192 general aviation airfields in the State of Califomia. Directed data collection and data entry efforts, and assisted in the development of maintenance and rehabil~ation strategies and generated reports for indMdual airfields. She provided week-long training sessions on the PMS to San Francisco Intemational Airport, Caltrans DMsion of Aeronautics and Houston Intercontinental Airport staff. Training Ms. Yapp was the Principal Instructor for the Federal Highway Administration for a three-day course on Pavement Management Systems. This course is taught around the United States; she has also taught two- day workshops on pavement management systems for local agencies and T2 Centers. These courses include the basic principles of a PMS as well as more advanced components. Elements of the course include irwentory, condition assessments, budget needs, implementation, and presenting results to decision makers. She has also trained numerous local and federal agencies in the use and operations of PMS at both the technical and non-technical levels. Other courses she has taught for NHI Include "Pavement Distress Identification". She was also a part-time lecturer at San Jose State Univers~y where she teaches a graduate course in pavement evaluation and design and pavement management systems. She currently presents courses on pavement pelformance and utility cuts as part of the Univers~y of Wisconsin's Department of Engineering Professional Education. Pavement Design Ms. Yapp has been involved in the pavement designs for runways, taxiways and aprons for airfields as well as roads and highways. Pavement designs typically Include the use of nondestructive testing devices such as the Dynaflect and Falling Weight Deflectometer (FWD). Roadway designs have been pelformed for local, state and federal agencies in New Mexico, Califomia, Oregon, Washington and Alaska. Airfield experiences include the pavement designs at Barber's Point NAS, McCarran Intemational Airport at Las Vegas, San Jose International Airport in Califomia, Fresno ANG, and Castle AFB. She is familiar with Caltrans, AASHTO and mechanistic design procedures, as well as those of the Asphalt Institute, the Federal Aviation Administration and the U.S. Corps of Engineers. Mechanistic designs have typically been employed in cases where non-standard vehicles, such as missile carriers, have loads that are unusually high, or where unconventional subgrade, base or sulface course materials are needed. Sample projects include cities such as Los Gatos, Livermore, Hayward, Oakland and Campbell. Nichols Consulting Engineers, Chtd. "'JJringi:rre tfie. State-oj-tfie.-:A.Tt to tfie. Standa:nf of'Pra.ctiu" 3-5 r f! ~ I iJ fJ r; il ..J ~ I I (] I . . I] . . II I Selected Publications "Impact of Utility Cuts on Pavement Performance of Seattle Streets", presented at the Road Builder's Clinic, Coeur d'Alene, Idaho, March 2000. "Development of Performance Prediction Models for Dry-No Freeze and Dry-Freeze Zones Using L TPP Data", with Kevin Senn, D. Frith and L. Scofield, Proceedings, 8th International Conference on Asphalt Pavements, Seattle, WA, 1977. "Institutional Issues: What They Are, How to Work Around Them and Keep Going," submitted for publication to the Third International Conference on Managing Pavements, San Antonio, Texas, 1994, sponsored by the Transportation Research Board. Review of Relationships between Modified Asphalt Properties and Pavement Performance, with J.C. Co plantz and F.N. Finn, Strategic Highway Research Program, Washington, DC,1991. HP-GPC and Asphalt Characterization: Literature Review, with A.Z. Durrani and F.N. Finn, Strategic Highway Research Program, Washington, DC, 1990. Review of State and Industry Reports on Asphalt Properties and Relationship to Pavement Performance, with A.z. Durrani and F.N. Finn, Strategic Highway Research Program, Washington, DC, 1990. Asphalt Properties & Relationship to Pavement Performance, with Fred N. Finn, J. Coplantz & A. Durrani, Strategic Highway Research Program, Washington, DC, 1990. The Effects of Emulsion Variability on Seal Coats - Final Report, with J.F. Shook & w.L. Shook, FHWA-PA- 89-30 and 89-12, Washington, DC, June 1990. "Existing Methods for the Structural Design of Aggregate Road Surfaces on Forest Roads", with J. Steward and W.G. Whttcomb, Fifth International Conference on Low-Volume Roads, Transportation Research Record 1291 Vol. 2, Transportation Research Board, Washington, DC, 1991. Aggregate Surfacing Design Guide, with w.G. Whttcomb, M. Myers, USFS Region 6, Portland, Oregon, February 1990. "Development of an Improved Overlay Design Procedure for Alaska," with R.G. Hicks and B. Connor, Transportation Researoh Record 1207, Transportation Research Board, Washington, DC, 1988. Compendium of Demonstration Projects for USDA Forest Service Project on Alternate Surfacings - Wood and Bark Chips in the Siuslaw National Forest, with R.G. Hicks, Transportation Research Record 85-2, Transportation Research Institute, Oregon State University, July 1985. Potential Problems With the Use of Open-Graded Emulsified Asphalt Mixes, with R.S. Frey and R.G. Hicks, Transportation Researoh Record 83-22, Transportation Research Institute, Oregon State University, July 1983. Nichof-s Consulting Engineers, Chtd. "'Bri1lfJi:rIfJ tFU, State-of'tFU,-:it.rt to tFU, Sta7lifa:ra of 'Practice" 3-6 COST BREAKDOWN Deliverable Task A: Street Inventory Task B: Field Inspection Task C: GIS Linkage Task D: Rehabilitation History Task E: Decision Tree Task F: Analysis and Reports Task G: Training! Support (includes Street Saver software) Task H: Meetings Task I: Computer hardware Task J: Presentation Total J:\Engineer\AGENDA\CAS2006\O I ~ I Q.06\PMS A TT ACHMENT B.doc 3-7 ATTACHMENT "B" Fixed Fee $ 23,400 $127,800 $ 44,100 $ 5,300 $ 4,400 $ 15,900 $ 15,000 $ 7,200 $ 6,000 $ 5,800 $ 254,900 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER OF $500,000 FROM "PAVEMENT REHABILITATION 05-06" (STL-315) TO A NEWLY CREATED CAPITAL IMPROVEMENT PROJECT "PAVEMENT TESTING AND MANAGEMENT PROJECT" (STL- 325), APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NICHOLS CONSULTING ENGINEERS, CHTD. FOR PAVEMENT TESTING AND MANAGEMENT SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City has initiated and maintained a pavement management system in accordance with the California Streets and Highways Code, which requires California Cities to implement a pavement management system as a condition of obtaining funding from the State transportation improvement programs; and WHEREAS, the current pavement management data is outdated and no longer reflects the actual pavement condition of City streets; and WHEREAS, a Request for Proposals was issued on July 28, 2005 and the Consultant Selection process was conducted in accordance with Section 2.56.110 of the Chula Vista Municipal Code; and WHEREAS, after interviewing the top five firms, the members of the Selection Committee unanimously agreed that Nichols Consulting Engineers, Chtd. is the most qualified firm to perform the work included in said contract; and WHEREAS, the cost of hiring said consultant was included in Capital Improvement Project STL-315 and staff recommends that $500,000 be transferred to a new CIP project in order to keep separate accounting of expenditures for the Pavement Management System; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChu1a Vista hereby approves a budget transfer of $500,000 from "Pavement Rehabilitation 05-06" (STL-315) to a newly created Capital Improvement Project "Pavement Testing and Management Project" (STL-325) and approves an agreement between the City of Chula Vista and Nichols Consulting Engineers, Chtd. for Pavement Testing and Management Services. 3-8 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the City. Presented by Approved as to form by . Sohaib Al-Agha City Engineer JL 3-9 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL /)~L0J{~ I Ann oore ~ City Attorney Dated: January 4, 2006 AGREEMENT WITH NICHOLS CONSULTING ENGINEERS CHTD. FOR PAVEMENT TESTING AND MANAGEMENT SERVICES 3-10 Parties and Recital Page(s) Agreement between City of Chula Vista and Nichols Consulting Engineering, Chtd. for Pavement Management Consulting Services This agreement ("Agre=ent"), dated December 2005 for the purposes of reference only, and effective as of the date last executed unless another date is othernrise specified in Exhibit A, Paragraph I is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business fo= is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business fo= is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City requires an engineering consulting fi= to collect pavement data which can be incorporated into the City's Geographic Info=ation System and to provide a pavement management system that can provide a street program of maintenance, repair, rehabilitation and replacement that assures the optimum use of tax dollars; and, Whereas, the Consultant Selection Process has been conducted in accordance with Section 2.56.110 of the Municipal Code. The selection panel has determined that Consultant is the fi= best qualified to undertake the services described in Agreement; 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 te=s and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Page 1 3-11 Obligatory Provisions Pages NOW, TIIEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perfo= all ofthe services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perfo= 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 wOIk and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be perfo=ed 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 toperfo= 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 perfo= same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Page 2 3-12 Consultant, in perfo=ing any Services under this agreement, whether Defined Services or Additional Services, shall perfo= 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 ofloss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the =ployees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In 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 endors=ent to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. Page 3 3-13 H. Security for Perfo=ance. (1) Perfo=ance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Perfo=ance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Perfo=ance Bond"), then Consultant shall provide to the . City a perfo=ance bond in the fo= prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.:5:ns.treas.gov/c570. and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfY the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Proj ect is located to issue bonds for the limits so required. Fo= must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the te=, "Perfo=ance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in'breach of the te=s of this Agreement. The letter of credit shall be issued by a bank, and be in a fo= and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the te=, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Perfo=ance 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 fo= and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license ITom the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. Page 4 3-14 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, it=s and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages Page 5 3-15 The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A., Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting ITom delay in perfo=ance. 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 ITom monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FI'PC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Refo= Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's Page 6 3-16 economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. Page 7 3-17 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 reasonable attomeys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except ouly for those claims, damages, liability, costs and expenses (including without limitations, reasonable attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. . Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized. These provisions are applicable to this agreement. I. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the negligent acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services perfo=ed involving this project, except liability for Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be Page 8 3-18 caused by the active or passive negligent acts or omissions of the City, its agents, officers, or =ployees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 2. Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such 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 perfo=ance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City Page 9 3-19 City may t=.inate this Agre=ent at any time and for any reason, by giving specific written notice to Consultant of such t=.ination and specifying the effective date thereof, at least thirty (30) days before the effective date of such t=.ination. 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 t=.inated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defmed Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none ofth= 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 Page 10 3-20 income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the te=s of this Agre=ent. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. Page 11 3-21 C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, d=ands 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 cont=plated herein, embody the entire Agreement and understanding between the parties relating to the subj ect matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue . This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agre=ent, and perfo=ance hereunder, shall be the City of Chula Vista. [ end of page. next page is signature page,] Page 12 3-22 Signature Page to Agre=ent between City of Chula Vista and Nichols Engineering for Pavement Management Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its te=s: Dated: ,200_ City of Chula Vista by: Stephen Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to fo=: Ann Moore, City Attorney Dated: Nichols Consulting Engineering, Chtd. By: ~~d Margot Yapp, P.E., Vice President - By: Larry Perli ,P. ., Division Manager Page 13 3-23 Exbibit List to Agreement (X ) Exbibit A. . Page 14 3-24 Exhibit A to Agre=ent between City of Chula Vista and Nichols Consulting Engineers, Chtd. 1. Effective Date of Agreement: Date approved bv Council 2. City-Related Entity: ( X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a () Other: form] , a [insert business ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Nichols Consulting Engineers, Chtd. 501 Canal Blvd., Suite C Point Richmond, CA 94804 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X ) Corporation Page 15 3-25 6. Place of Business, Telephone and Fax Number of Consultant: 501 Canal Blvd., Suite C Point Richmond, California 94804 Voice Phone (510) 215-3620 Fax Phone (510) 215-2898 7. General Duties: Consultant shall collect pavement condition data on all public streets completed within the City, including those streets that have been constructed but not yet accepted for maintenance, which can be incorporated into the City's Geographic Info=ation and provide a Pavement Management System incorporating this data, which will include a prograr:iJ. of maintenance, repair, rehabilitation and replac=ent that assures the optimum use of available funds and complies with the requirements of the California Streets and Highways Code Section 2108.1. 8. Scope of Work and Schedule: A. Detailed Scope of Work: I. Goals for Pav=ent Management Svst= The Pavement Management System (PMS) provided by the Consultant must be able to meet the following goals: a. The software shall enable City staff to enter the City's GIS system and to identify the current condition of any public street segment in the City. The software shall also provide annual estimates on the condition of each street segment based on empirical data, including but not limited to visual condition, and whether maintenance has been perfo=ed or deferred. b. The field survey shall provide an accurate reflection of both the surface and subsurface condition of every public street segment in the City through visual observation, based upon a standardized condition rating system approved by the City. c. It is anticipated that a complete review of all City streets will be done every four years. Therefore, the software must allow City staff to run four-year projections of the most effective annual Capital Improv=ent Programs based on specific budgetary amounts and/or specific overall condition levels. The City should be able to run reports on either the entire street network or on specific streets or areas of the City. d. The City's street rehabilitation programs are generally broken down into sealing programs and overlay I reconstruction programs. Therefore, each segment that might benefit from rehabilitation during a four-year period should include a Page 16 3-26 reco=endation on the best methodology based on a list of methodologies accepted by the City. e. After a rehabilitation program has been conducted, the City must be able to enter the type and date of rehabilitation perfo=ed on each specific street segment. The software must then reflect the effect of this rehabilitation on both the individual street segments and the network with respect to condition ratings. f. It is anticipated that the City may want to update the condition of certain streets prior to the next Citywide update. City staff must be provided with sufficient training by the Consultant in order to perfo= this update. g. In order to maintain sufficient flexibility for the City, the data contained in the software provided must be able to be updated in the future by either City staff or other contractors at the City's option. h. City staff must have the ability to add new streets and maintenance methods. 1. It would also be desirable for the Pavement Management System to be able to separate and analyze streets by functional classification, Traffic Index or ADT. 2. Services to be Perfo=ed bv Consultant In order to meet the preceding goals, the Consultant shall furnish all services as required to collect the pavement condition data for the City's Pavement Management System. Such services shall, at a minimum, include the following tasks: a. Create a Street Inventory Create an inventory of the entire public street system. The inventory must include the street name, limits, lengths, widths, areas, surface types, and functional classification. The date of construction, traffic index, and ADT shall be included, where such info=ation is available. This inventory will be based on available info=ation provided by the City. The consultant shall utilize and provide the StreetS aver pavement management software server version. b. Field Inspection and Data Download The surface condition/distress must be visually inspected and rated for each segment for both asphalt concrete and Portland cement concrete pavements. Inspection will be perfo=ed through walking surveys, with distress data recorded in the field through use of a PDA or handheld device ("Data Wrangler"). Segment boundaries shall be defined by the City and shall be compatible with the City's GIS system. The City shall have the right to approve or reject the field survey personnel assigned by Page 17 3-27 the Consultant to perfo= the visual data collection. All surveys will be walking visual surveys and must collect as a minimum, but not limited to, the following distresses: for asphalt concrete pavement: . alligator cracking, · block cracking, · longitudinal and transverse cracking, · distortions, . rutting & depressions, . patching and utility trenches, . weathering, . raveling, · flushing, · reflective cracking · poor drainage* . other identifiable conditions* for Portland cement concrete pavement: . comer breaks, . shattered/divided slabs, . faulting, · linear cracking, · patching & utility trenches, . scaling/map cracking, . spalling . poor drainage* . other identifiable conditions* * to be included as a comment or user field in the database This info=ation shall then be downloaded into the PMS database. The pavement condition index (PCl) will be calculated for each segment using the PMS software. c. GIS Linkage The City of Chula Vista uses ESRI ArcSDE 9.1 (SQL-Server) to store street data. Consultant shall link and integrate the PMS with the City's GIS street model. The Consultant will also work with the City to provide real time access to pavement data through printed or interactive maps through ArcGIS Desktop. These GIS maps shall be dynamically linked to the StreetS aver software in the City's SQL Server database and immediately display the results of changes to pavement criteria. In an effort to provide a simple interface to the GIS/PMS data, the Consultant will provide the City with a tool to generate scheduled snapshots of the GIS/PMS data that can be directly Page 18 3-28 used in the City's existing ArcWS website. A separate pavement layer shall be generated as a snapshot (including both GIS and StreetS aver data) for the City's ArcWS viewer. The City will then be able to incorporate the GIS/PMS snapshots in the ArcWS website. As a result of this task, City staff will be able to perform all GIS/PMS related tasks without the need for additional proprietary applications and to make all modifications in-house. Sub-tasks include the following: . Reviewing the City's GIS, geospatial data, and system architecture . Establishing a linear street network and developing the data model and linking protocols to allow direct linkages to the PMS database . Providing technical support. for verifying the installation, setup and configuration of the PMS integration with the City's GIS . Providing documentation and technology transfer to ensure that ongoing syst= maintenance and optimization can be completed by City staff d. Input of Maintenance and Rehabilitation Historv Consultant shall enter information into the PMS database on rehabilitation work done on City streets over the past five years. This information will be provided to the Consultant in spreadsheets for individual rehabilitation contracts and will include the type of treatment, the date of construction, the street name and beginning and ending limits of work. The Consultant shall utilize! consider this information in determining the Pavement Condition Index and recommended rehabilitation strategies. e. Maintenance and Rehabilitation Treatments Decision Tree Consultant shall review and select appropriate treatments for inclusion in the PMS with City staff participation. Consultant shall input cost information and determine the most effective treatment method for each street segment. f. Budget Analvsis and Final Reports Consultant shall prepare a budget analysis for the City based on the most effective rehabilitation strategy using an analysis period to be determined by the City, which can range between five and 30 years. The initial needs analysis will identify the total maintenance and repair needs of each segment over the entire specified analysis period. The subsequent Budget Scenario analysis will prioritize sections for repair under specific budgetary constraints. Factors to be included in this analysis - such as Pavement Condition Index (pCl), Road Classification, traffic level - shall be determined in cooperation with City staff. Consultant shall provide up to three budget scenario runs based on criteria set by the City. Based on additional input from the City, Consultant will prepare a multi-year work plan which includes recommended repairs on selected streets, as well as Page 19 3-29 corresponding funding requirements. Consultant shall prepare an Executive Summary that summarizes the network-level pavement condition of the City, the maintenance and repair strategies reco=ended for the City, the results of budgetary analysis, different budgetary scenarios and a discussion of the reco=ended scenario, along with the reco=ended multi-year work plan. The Consultant will also prepare the Final Report, which will include the Executive Summary as well as all data obtained on individual street segments and info=ation providing directions on updating the GIS! PMS linkage and pavement info=ation, as well as running all available reports. g. Training Consultant shall provide with this contract basic on-site field training for City staff in the visual collection of data and interpretation of pavement distress and condition. This training shall be for a duration of two to three days and will include accompanying Consultant's field crews for hands-on experience. Consultant shall also provide one full day on-site training session for City staffin the operation of software provided with this contract. Training shall be hands-on, using actual pavement data for the City on computers provided by the City. It shall include, but not be limited to, entering and editing data, sorting, copying, exporting, importing, manipulating and querying data, and generating various custom reports. The Consultant shall also provide a maximum of 40 hours of technical support for one year after completion of all other deliverable tasks, including training. It is assumed that this technical support can be provided by telephone or e-mail and excludes travel. h. Kickoff and Progress Meetings After award of the contract, Consultant will meet with City staff at the City to kick off the proj ect. Subj ects will include, but not be limited to, proj ect scheduling, scope of work, public safety issues related to field work, materials to be supplied by the City, GIS linkage requirements, PMS software needs and Quality Control activities. During the duration of the contract, two other progress meetings will be scheduled and attended by City staff and the Consultant at City offices. 1. Computer Hardware The Consultant shall provide the following computer hardware to the City: · Toshiba Qosmio G25-A V513-A WC Laptop. . Dell Server, I GB memory, 2.8GHz/2MB Cache, 36 GB hard drive and as specified by the City. Page 20 3-30 J. Council Presentation (Optional) At the City's option, Consultant will prepare and make a short presentation to City Council on the results obtained from the Pavement Management System and recommendations. If requested, this will be done after all other tasks are complete. B. Date for Commencement of Consultant Services: (X ) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Two hand-held PDA progra=ed with Data Wrangler software - due at completion of contract Deliverable No.2: Server version of StreetS aver software - due at completion of contract. Deliverable No.3: Maintenance and Repair Decision Tree: To be submitted 8 weeks after commencement of contract for City staff review. Deliverable No.4: Condition Survey Results, pcr calculations, and draft of budgetary analysis, final reports, and GIS link! software documentation: To be submitted 30 weeks after commencement of contract for City staff review. This information can be submitted electronically, on CD or hard (paper) copy. Deliverable No.5: Twenty copies of the Executive Summary, one copy on CD of all documentation, plus four hard copies of the following information: condition survey data, pcr calculations, budgetary analysis and reports, GIS link documentation, PMS software documentation. This shall be provided at the completion of Tasks 2a through 2f. Deliverable No.6: One Toshiba Qosmio G25-A V513-A VPC Laptop Computer and one Dell server. This shall be provided at the completion of Tasks 2a through 2f D. Date for completion bf all Consultant services: September 30, 2006 (This does not apply to the year of technical support which will commence at the completion of all other contract items.) Page 21 3-31 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance: $1,000,000 () Employer's Liability Insurance coverage: $1,000,000. (X) Co=ercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Professional Liability or Errors and Omissions Insurance: $1,000,000 each occurrence and policy aggregate (X) Automobile Liability: $1,000,000 per accident 10. Materials Required to be Supplied by City to Consultant: a. GIS layer showing and locating all public streets to be included in this contract b. GIS files in Excel or Access fo=at listing all streets shown in lOa. with the following attributes at a minimum: street name, length of segment; street class, beginuing and end of segment identified by address or cross street c. Average Daily Traffic Count (ADT) data for major streets provided as GIS layer and in Excel fo=at d. Copies of all major street rehabilitation contracts within the past five years in Excel or Access fo=at. The following info=ation will be included, as a minimum: type of rehabilitation, street name, beginning and end of street segment, and date ofrehabilitation . 11. Compensation: A. (X) Single Fixed Fee Arrangement. For perfo=ance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: follows: Milestone or Event or Deliverable Task A: Street Inventory Task B: Field Inspection Task C: GIS Linkage Task D: Rehabilitation History Task E: Decision Tree Task F: Analysis and Reports $249,100 ($254,900 with optional services) , payable as Amount or Percent of Fixed Fee $ 23,400 $127,800 $ 44,100 $ 5,300 $ 4,400 $ 15,900 Page 22 3-32 Task G: Training! Support $ 15,000 (includes Street Saver software) Task H: Meetings $ Task 1: Computer hardware $ Optional Task J: Presentation $ 7,200 6,000 (maximum; includes any shipping and taxes) 5,800 (X) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. lithe Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. () Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase $ $ ( ) . $ 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest :6:ee loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of Additional Services not included in the Defined Services by Consultant as requested in writing by the City, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions. Said Additional Services are at the option of the City and will be limited to a maximum of $50,000 per fiscal year. Field reinspections (Item lID) will be costed separately and will be in addition to the $50,000. . (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant oftirne and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Co~sultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). . Page 24 3-34 (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate 2006 2007 2008 2009 Proiect Manager Senior Engineer Proi ect Engineer Technician Clerical Margot Y app $195 $200 $205 $210 LiQun Ke $125 $128 $131 $134 S. Wang! S. Khan $105 $107 $110 $112 Various $70 $72 $73 .50 $75 Various $60 $61.50 $63 $64.50 ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. D.(X) Unit Cost The following are optional services which shall be performed by Consultant at the written request of the City in calendar year 2008. (1) Pavement Inspection: This includes field inspection of certain collector and arterial streets designated by the City that will have been included in the City's database created in 2006. Services shall be provided as specified in Section 2b. Consultant shall download all information into the PMS database, including the Pavement Condition Index. Rate of payment shall be a maximum $60 per sample unit, with one sample unit per street segment, for a minimum of2~0 sample units, down to a minimum of $53 per sample unit, for a maximum of 948 sample units. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: eX) None, the compensation includes all costs. Page 25 3-35 () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ Cost or Rate 13. Contract Administrators: City: Elizabeth Chopp, Senior Civil Engineer, Public Services Building, 276 Fourth Avenue, (619) 691-5046 Consultant: Margot Yapp, Vice President 14. Liquidated Damages Rate: N/A ( ) $_per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Page 26 3-36 ( ) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles ofProj ect Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Sub consultants: Jeff Saunders Farallon Geographics 609 Mission St. 2nd floor San Francisco, CA 94105 18 Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: Page 27 3-37 ( ) First of the Month (X) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 19 Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ex ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: ~% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( X) Other: Completion of all Consultant Services, excepting Technical Support J\Engineer\AGENDA\Agreements\Pavement Management Agreement.doc Page 28 3-38 COUNCIL AGENDA STATEMENT Item 1-1- Meeting Date o171blO6 ITEM TITLE: RESOLUTION Finding that the interests of the City are better served by waiving the formal consultant selection process and approving an Agreement between the City Of Chula Vista and Sharp Rees-Stealy Medical Group, Inc for the provision of occupational medical services and authorizing the Mayor to execute said Agreement REVIEWED BY: D;ffi"OC of "'7 Re'o'~' f}i . ~ City Manager d J .~ JlR (4/5ths Vote: Yes_ No-1U SUBMITTED BY: BACKGROUND: Sharp Rees-Stealy Medical Group, Inc has provided occupational healthcare services to the City since September 1993. The Agreement under which these services are being provided has not been updated since its inception. Although the existing Agreement provides for successive one-year term renewals it is prudent to periodically review and update the Agreement. The City has been extremely satisfied with the quality, cost and breadth of services provided by Sharp Rees Stealy and desires to continue this relationship. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Occupational medicine involves the prevention and management of illness, injury or disability that is related to the workplace. Occupational and environmental medicine physicians have particular expertise in the prevention, evaluation and management of populations exposed to hazardous environmental agents. Sharp Rees-Stealy has an excellent occupational medical program with locations throughout the county providing easy access to our incumbent employees as well as those being screened for employment. In determining whether a formal consultant selection process was warranted, the City's Purchasing Agent and Risk Manager reviewed the historical performance, pricing, locations, and services provided by Sharp Rees-Stealy and concluded that the interests of the City are better served through continuity of the existing relationship with Sharp Rees-Stealy and are recommending that the formal consultant selection process be waived and that a new Agreement with Sharp Rees-Stealy be entered into. Under the Agreement the City pays only for authorized healthcare services received on an "as-needed" basis. Fees charged are either commensurate with other medical service providers or lower due to the excellent working relationship the City has with Sharp Rees-Stealy. Sharp Rees Stealy had not increased their 1993 fees from the initial fee schedule until last year when modest increases were applied. Even with the 4-1 Item q Meeting Date 01/10/06 increases, the costs are commensurate or better than those being charged by other occupational medical providers according to other cities in the county who have recently gone through a full RFP process. As a full-service occupational health clinic, Sharp Rees-Stealy provides the following services for the City: Pre-placement, post-offer physical examinations: Guided by the federal Americans with Disabilities Act and California's recent AB 2222, a limited, job-specific history and physical examination is performed on job candidates to assess their ability to perform the essential functions of the job, with or without accommodation. Surveillance examinations: Baseline and serial examinations over specified time periods for specific exposures such as asbestos, heavy metals, solvents, etc. Respirator certification exams: Workers required to wear a respirator in the workplace must follow a specified protocol for determining their fitness to wear a respirator under various working conditions. Hearing Conservation Program: Workers exposed to noise levels that have been deemed potentially injurious are subject to formal testing at baseline and serially. DOT (Department of Transportation) physicals: Commercial drivers of vehicles of a certain weight or passenger capacity must carry a medical certificate indicating their fitness to drive. Extensive regulations exist dictating the standards for such issues as hypertension, seizure disorder, hearing deficits and visual acuity. "For Cause" Urine drug screening and breath alcohol testing: used when it is suspected that an employee is under the influence of drugs or alcohol in violation of the City's Substance Abuse Policy. SRS's on-site services are used to bring required vaccination and monitoring programs to the City's doorstep. These programs include TB testing, and Hepatitis A and Hepatitis B vaccinations. By bringing these services on-site the amount of time employees spend away from work is greatly reduced. SRS is also the City's designated workers' compensation medical services provider. Although the services related to workers' compensation are accessed outside of this contract via our workers' compensation program's third party administrator, Tristar, SRS's familiarity with the City's workforce and access to the pre-employment medical screening information is invaluable in ascertaining whether injuries being reported as being work related are actually work related or if they are pre-existing conditions. FISCAL IMPACT: No appropriations are required as $180,000 are budgeted within the Human Resources Department's FY 2006 budget for the provision of these services. No further impacts are anticipated. Exhibit: Agreement Between the City Of Chula Vista and Sharp Rees-Stealy Medical Group, Inc. 4-2 RESOLUTION NO. 2006_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SHARP REES- STEALY MEDICAL GROUP, INC. FOR THE PROVISION OF OCCUPATIONAL MEDICAL SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY WHEREAS, Sharp Rees-Stealy Medical Group, Inc. has provided occupational healthcare services to the City since September 1993; and WHEREAS, the Agreement under which these services are being provided has not been updated since its inception. The existing Agreement provides for successive one- year term renewals and it is prudent to periodically review and update the Agreement; and WHEREAS, Sharp Rees-Stealy has an excellent occupational medical program with locations throughout the county providing easy access to our incumbent employees as well as those being screened for employment; and WHEREAS, staff recommends Council waive the consultant selection process of Municipal Code Section 2.56.110 as impractical as the City's Purchasing Agent and Risk Managerreviewed the historical performance, pricing, locations, and services provided by Sharp Rees-Stealy and concluded that the interests of the City are better served through continuity of the existing relationship with Sharp Rees-Stealy and are recommending that the formal consultant selection process be waived; and. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, does hereby waive the formal consultant selection process and approves an agreement between the City of Chula Vista and Sharp Rees-Stealy Medical Group, Inc. for the provision of occupational medical services. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement on behalf of the City. Presented by: Approved as to form by: fht4J '&'Q,'J';\~~\) ~).1\ Ann Moore City Attorney Marcia Raskin Director of Human Resources J:\Attorney\reso\Agreements\ waiving consultant selection Sharp Rees-Stealy 4-3 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~\,,'\\\:\~~',)~ Ann Moore ' City Attorney Dated: January 4,2006 AGREEMENT WITH SHARP REES-STEAL Y MEDICAL GROUP, me. FOR THE PROVISION OF OCCUPATIONAL MEDICAL SERVICES 4-4 AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SHARP REES-STEALY MEDICAL GROUP, INC FOR THE PROVISION OF OCCUPATIONAL MEDICAL SERVICES This Agreement ("Agreement") effective January 1, 2006, between the City Of Chula Vista, ("City"), and Sharp Rees-Stealy Medical Group, Inc. ("SRSMG") is entered into with regard to the following facts and recitals. RECITALS A. City provides occupational health coverage to its eligible employees required by Title 8 of the California Code of Regulations (CCR), 341.7(b)(2) and 8 (CCR) 1529. B. SRSMG is a medical group which employs qualified and licensed physicians and qualified personnel to provide occupational health care services. AGREEMENT In consideration of the' following mutual covenants and promises the parties agree as follows: 1. SRSMG agrees to provide occupational health care to employees of City for the fees set forth and the schedule of services attached hereto as Exhibit A and incorporated herein by reference. SRSMG agrees to ~ill City for such services. 2. City agrees to compensate SRSMG for occupational health services performed by SRSMG on eligible employees in accordance with the fee schedule set forth in Exhibit A and incorporated herein by reference. 3. In rendering occupational health services to the eligible employees of City, SRSMG agrees to employ the services of qualified physicians and medical person nel. 4. City agrees to use SRSMG as its city's primary provider of the Occupational Health Services described in Exhibit A hereto during the term of this Agreement. 5. It is mutually understood and agreed that City and SRSMG are separate and independent entities. The relationship of SRSMG to City shall be one of independent contractor. 4-5 ~ n___ ... 6. SRSMG agrees to maintain its current level of malpractice insurance ($1 Million / $3 Million) for the actions performed pursuant to this agreement in full force and effect for the duration of the agreement and a Comprehensive General Liability policy ($1 Million per occurrence). 7. This agreement shall continue in effect for initial term of one year from the effective date and shall continue thereafter until such time as the Agreement is terminated by either party with thirty (30) days prior written notice. 8. In the event of termination of this agreement City shall pay SRSMG for all services performed pursuant to this Agreement through the date of' . termination. 9. This agreement may not be assigned by either party without the prior written consent of the other party. 10. This agreement shall be construed in accordance and governed by the laws of the State of California. 11. The terms and conditions contained in the agreement constitute the entire agreement between City and SRSMG. 12. The validity or enforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision of this agreement. 13. Waiver of any provision of this agreement shall not constitute a waiver of any other provision of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement by their respective representatives. SRSMG: CITY: BY Q,A})C~ /1fJ) BY NAME: Donald C. Balfour, III, M.D. NAME: Stephen C. Padilla TITLE: President and Medical Director TITLE: Mayor DATE: /O~ 26-6:;- DATE: 4-6 Page 2 , Exhibit A Fee Schedule CPT code # PREPLACEMENT EXAMS Pkg #: 11658 Preplacement/Grp A (Basic) 09583 Preplacement Exam $49.00 PPD (see pkg #: 11655) $00.00 92552 Audio $25.00 Pkg #: 11659 Preplacement/Grp B (Basic with HCP) 09583 Preplacement Exam $49.00 PPD (see pkg #: 11655) $00.00 92552 Audio $25.00 Pkg #: 11660 Preplacement/Grp C (Basic With UDS) 09583 Preplacement Exam $49.00 PPD (see pkg #: 11655) $00.00 92552 Audio $25.00 80100 Urine Drug Screen $39.00 Pkg #: 11661 Preplacement/Grp D (Mid-Level) 09583 Preplacement Exam $49.00 PPD (see pkg #: 11655) $00.00 09074 Specimen collect/prep $10.00 92552 Audio $25.00 85025 Hemogram (CBC) $20.00 81000 Routine UA $12.00 80053 Occ Med Metabolic Panel $20.00 80061 Occ Med Lipid Panel $25.00 93000 ECG Resting $45.00 72100 L/S Spine LTD 3Niew $0.00 (see pkg#: 11670) 4-7 Pace 1 ;. (PREPLACEMENT EXAMS CON'T) '09583 09074 92552 85022 80053 80061 81000 93000 72100 09583 09074 92552 85025 80053 80061 91000 93000 72100 80100 09583 09074 92552 85025 80053 80061 91000 93000 72100 80100 Pkl! #: 11662 Preplacement/Grp E (Mid-Level with HCP) Preplacement Exam PPD (see pkg #: 11655) Specimen collect/prep Audio Hemogram (CBC) acc Med Metabolic Panel acc Med Lipid Panel Routine UA ECG Resting LIS Spine L TD/3 views (see pkg # 11670) $49.00 $00.00 $10.00 $25.00 $20.00 $20.00 $25.00 $12.00 $45.00 $0.00 Pkl! #: 11663 Preplacement/Grp F (Mid-Level with UDS) Preplacement Exam PPD (see pkg#: 11655) Specimen collect/prep Audio Hemogram (CBC) acc Med Metabolic Panel acc Med Lipid Panel Routine UA ECG Resting LIS Spine L TD/3 views (see pkg # 11670) Urine Drug Screen $49.00 $00.00 $10.00 $25.00 $20.00 $20.00 $25.00 $12.00 $45.00 $0.00 $39.00 Pkl! #: 11664 Preplacement Exam/Grp G (Mid-Level with HCP & UDS) Preplacement Exam $49.00 PPD (see pkg #: 11655) $00.00 Specimen collect/prep $10.00 Audio (Safe Hearing of America) $25.00 Hemogram (CBC) $20.00 acc Med Metabolic Panel $20.00 acc Med Lipid Panel $25.00 Routine UA $12.00 ECG Resting $45.00 L/S Spine L TD/3 views $0.00 (see pkg # 11670) Urine Drug Screen $39.00 4-8 P::!np. ? ~. PREPLACEMENT EXAMS (CON'T) 09583 09074 92552 85025 80053 80061 81000 93000 72100 09013 09583 09074 92552 85025 80053 80061 81000 93000 95004 72100 80100 90632 86706 05519 Pkg #: 11665 Preplacement Exam/ Grp H (Mid-Level with DGT Drug Test and HCP Preplacement Exam PPD (see pkg #11655) Specimen collect/prep Audio (Results to Safe Hearing America) Hemogram (CBe) Gcc Med Metabolic Panel Gcc Med Lipid Panel Routine UA ECG Resting L/S Spine L TD/3 View (see pkg #11670) SAMHSA UDS $49.00 $00.00 $10.00 $25.00 $20.00 $20.00 $25.00 $12.00 $45.00 $00.00 $45.00 Pkg #: 11669 Preplacement Exam/ Grp I (Mid-Level with HCP, UDS and Allergy Scratch Test Preplacement Exam PPD (see pkg #11655) Specimen collect/prep Audio (Results to Safe Hearing America) Hemogram (CBe) Gcc Med Metabolic Panel Gcc Med Lipid Panel Routine UA ECG Resting Allergy Scratch Test L/S Spine L TD/3 view Urine Drug Screen Hep B Inoculations Hep B Surface Antibody (Titre) Nurse Admin $49.00 $00.00 $10.00 $25.00 $20.00 $20.00 $25.00 $12.00 $45.00 $10.00 $65.00 $39.00 $65.00 $28.00 $15.00 4-9 # n~__ '"J PREPLACEMENT EXAMS CON'T 09588 09583 99070 09074 94010 92552 85025 80053 80061 81000 93000 71010 72100 80100 09583 09074 94010 92552 85025 80053 80061 81000 93000 93015 71020 72100 80100 90632 86706 05519 Pke: #: 11666 Preplacement Exam/ Grp J (Mid-Level w/HCP. UDS & Respirator) Respirator Clearance PrepIacement Dipstick PPD (see pkg #11655) Specimen collect/prep Pulmonary Function Test Audio (Safe Hearing America) Hemogram (CBC) Dcc Med Metabolic Panel Dcc Med Lipid Panel Routine UA ECG Resting Chest x-ray/1 view (see pkg #11670) L/S Spine L TD/ 3 view (see pkg #11670) Urine Drug Screen $50.00 $15.00 $00.00 $00.00 $10.00 $35.00 $25.00 $20.00 $20.00 $25.00 $12.00 $45.00 $00.00 $00.00 $39.00 Pke: #: 11667 Preplacement/Police/Grp K (Police Safetv) Preplacement Exam PPD (see pkg #11655) Specimen collect/prep Pulmonary Function Test Audio Hemogram (CBC) Dcc Med Metabolic Panel Dcc Med Lipid Panel Routine UA ECG Resting ECG Treadmill Chest X-ray/2 view (see pkg # 11670) L/S Spine L TD/3 view (see pkg # 11670) Urine Drug Screen Hep B Inoculations Hep B Surface Antibody (Titre) Nurse Admin $49.00 $00.00 $10.00 $35.00 $25.00 $20.00 $20.00 $25.00 $12.00 $45.00 $200.00 $00.00 $00.00 $39.00 $65.00 $28.00 $15.00 4-10 P;::mR 4 , PREPLACEMENT EXAMS (CON'T) 09583 09588 80100 85025 80053 80061 81000 09074 94010 92552 93000 93015 71010 71020 72100 09583 99070 85025 80053 80061 81000 09074 92552 93000 72100 90632 05519 86706 Pk!! #: 11668 Preplacement/Fire/Grp L (Fire Safety) Preplacement Exam Respirator Clearance Exam Urine Drug Screen Hemogram (CBC) Gcc Med Metabolic Panel Gcc Med Lipid Panel Routine UA PPD (see pkg#11655) Specimen collect/prep Pulmonary Function Test Audio ECG Resting ECG Treadmill Chest x-ray/1 view (see pkg # 11670) Chest x-ray/2 view (see pkg #11670) L/S Spine LTD/3 view (see pkg #11670) $15.00 $50.00 $39.00 $20.00 $20.00 $25.00 $12.00 $00.00 $10.00 $35.00 $25.00 $45.00 $200.00 $00.00 $00.00 $00.00 Pk!! #: 14111 Preplacement Exam/Grp M (Mid-Level w/ Hep B) Preplacement Exam Dipstick Hemogram (CBC) Gcc Med Metabolic Panel Gcc Med Lipid Panel Routine UA PPD (see pkg#11655) Specimen collect/prep Audio ECG Resting LIS Spine LTD/3 view Hep B Inoculations Nurse Admin Hep B Surface Antibody (Titre) $49.00 $00.00 $20.00 $20.00 $25.00 $12.00 $00.00 $10.00 $25.00 $45.00 $65.00 $65.00 $15.00 $28.00 4-11 P;::ln1=ll:j ~. 09583 99070 85025 80053 80061 81000 09074 92552 93000 72100 90632 05519 86706 09583 99070 80100 85025 80053 80061 81000 09074 92552 93000 72100 90632 05519 86706 PREPLACEMENT EXAMS (CON'T) Pke: #: 14112 Prel>lacement Exam/Grl> N (Mid-Level wlllCP & Hel> B) Preplacement Exam Dipstick Hemogram (CBC) acc Med Metabolic Panel acc Med Lipid Panel Routine UA PPD (see pkg#11655) Specimen collect/prep Audio' (Safe Hearing of America) ECG Resting LIS Spine L TD/3 view (see pkg #11670) Hep B Inoculations Nurse Admin Hep B Surface Antibody (Titre) $49.00 $00.00 $20.00 $20.00 $25.00 $12.00 $00.00 $10.00 $25.00 $45.00 $00.00 $65.00 $15.00 $28.00 Pke: #: 14113 Prel>lacement Exam/Grl> a (Mid-Level w/UDS & Hel> B) Prepfacement Exam Dipstick Urine Drug Screen Hemogram (CBC) acc Med Metabolic Panel acc Med Lipid Panel Routine UA PPD (see pkg#11655) Specimen collect/prep Audio ECG Resting LIS Spine L TD/3 view Hep B Inoculations Nurse Admin Hep B Surface Antibody (Titre) $49.00 $00.00 $39.00 $20.00 $20.00 $25.00 $12.00 $00.00 $10.00 $25.00 $45.00 $65.00 $65.00 $15.00 $28.00 4-12 Pace 6 ~. PREPLACEMENT EXAMS (CON'T) 09583 99070 80100 85025 . 80053 80061 81000 09074 92552 93000 72100 90632 05519 86706 09583 99070 09074 92552 94010 85025 80053 80061 81000 93000 72100 09013 90632 86706 05519 Pkg #: 14114 Preplacement Exam/Grp P (Mid-Level w/UDS, HCP & Hep B) Preplacement Exam Dipstick Urine Drug Screen Hemogram (CBC) Occ Med Metabolic Panel Occ Med Lipid Panel Routine UA PPD (see pkg#11655) Specimen collect/prep Audio (Safe Hearing America) ECG Resting LIS Spine L TD/3 view (see pkg #11670) Hep B Inoculations Nurse Admin Hep B Surface Antibody (Titre) $49.00 $00.00 $39.00 $20.00 $20.00 $25.00 $12.00 $00.00 $10.00 $25.00 $45.00 $00.00 $65.00 $15.00 $28.00 Pkg #: 14115 Preplacement Exam/ Grp 0 (Mid-Level wmOT, HCP & Hep ill Preplacement Exam Dipstick PPD (see pkg #11655) Specimen collect/prep Audio (Safe Hearing of America) Pulmonary Function Hemogram (CBC) Occ Med Metabolic Panel Occ Med Lipid Panel Routine UA ECG Resting L/S Spine L TD/3 view (see pkg #11670) SAMHSA Urine Drug Screen Hep B Inoculations Hep B Surface Antibody (Titre) Nurse Admin $49.00 $00.00 $00.00 $10,00 $25.00 $35.00 $20.00 $20.00 $25.00 $12.00 $45.00 $00.00 $45.00 $65.00 $28.00 $15.00 4-13 Paqe 7 <,' PREPLACEMENT EXAMS (CON'T) Pkg #: 14116 Aller!!V Test/ Grp R (Mid-Level w/HCP, UDS, Respirator and HepB 09588 Respirator Clearance Exam $50.00 09583 Preplacement $15.00 99070 Dipstick $00.00 PPD (see pkg #11655) $00.00 09074 Specimen collect/prep $10.00 92552 Audio (Safe Hearing of America) $25.00 85025 Hemogram (CBC) $20.00 80053 Occ Med Metabolic Panel $20.00 80061 Occ Med Lipid Panel $25.00 81000 Routine UA $12.00 93000 ECG Resting $45.00 71010 Chest x-ray/ 1 view (see pkg #11670) $00.00 72100 LIS Spine LTD/3 view (see pkg #11670) $00.00 80100 Urine Drug Screen $39.00 90632 Hep B Inoculations $65.00 86706 Hep B Surface Antibody (Titre) $28.00 05519 Nurse Admin $15.00 4-14 Page 8 ~. OTHER SERVICES PPD SCREENING 86580 05519 09830 71010 Pke: #:11655 PPD Pke: PPD Nurse Admin Symptom Questionnaire Chest x-ray/l view $15.00 $15.00 $15.00 $40.00 X-RAY SERVICES Pke: #: 11670 X-ray pke:s 71010 Chest x-ray/l view $40.00 71020 Chest x-ray/2 view $50.00 72100 LIS spine L TD/3 view $65.00 INOCULA nONS Pke: #: 14237 Hepatitis A 90632 Hep A Inoculation (2 shots) $53.00 05519 Nurse Admin $15.00 Pke: #: 12279 Hepatitis B Pke: 90632 Hep B Inoculation $65.00 05519 Nurse Admin $15.00 86706' Hep B Titer $28.00 09074 Specimen collect/prep $10.00 Pke: #: 14239 Tetanus 90703 Tetanus $17.00 05519 Nurse Admin $15.00 DRUG AND ALCOHOL SCREENING Pke:#: 13892 SAMSHA Urine Drue: Screen 09013 SAMSHA Urine Drug Screen $45.00 Pke: #: 14240 For Cause Exam wlUDS 09586 Physician Exam $250.00 per hr 82600 Urine Drug Screen $39.00 Pke: #: 14241 For Cause Exam w/SAMHSA 09586 Physician Exam $250.00 per hr 09013 SAMHSA Urine Drug Screen $45.00 A-&' .~ 4-15 ~' Paap. q DRUG AND ALCOHOL SCREENING (CON'T) Pke: #: 14242 Breath Alcohol 82075 BAT negative result $25.00 BAT positive result confirmation $50.00 Pke: #: 11657 Urine Drue: Screen 80100 Urine Drug Screen $39.00 FITNESS FOR DUTY (NON-DRUG OR ALCOHOL RELATED) Pke: #: 14046 Fitness For Dutv 09586 Fitness for Duty Physician Hand price $250 per hour $00.00 SPECIALTY ASSIGNMENT EXAMS . Pke: #: 12278 Respirator Clearance 09588 Respirator Clearance Exam $50.00 94010 Pulmonary Function Test $35.00 71010 Chest x-ray/1 view (see pkg #11670) $00.00 Pke: #: 11671 DMV Exam 09585 DMV Exam $50.00 99070 Dipstick $00.00 Pke: #: 12789 SWAT Exam . 09583 Physical $49.00 Respira,tor Exam (see pkg #12278) $00.00 HEARING CONSERV A nON PROGRAM Pke:#: 14238 Audiolo!!V 92522 Audio (Results to Safe Hearing America) $25.00 . 4-16 ~. f(e v (S~I po Ie.. THE' bArS RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A WAIVER OF POTENTIAL CONFLICT OF INTEREST WITH RESPECT TO PROSPECTIVE REPRESENTATION OF MR. WALTER SCHANUEL BY GLEN GOOGINS AS IT RELATES TO CODE ENFORCEMENT MATTER HI 04-0362 WHEREAS, Glen R. Googins was employed as an attorney for the City of Chula Vista from 1993 to 2004; and WHEREAS, under California Rules of Professional Conduct 3-3 IO(E), an attorney "shall not, without the infornled written consent, of the. . . former client, accept employment adverse to a . . . former client where by, reason of the representation of the fortner client, the attorney has obtained confidential information material to the employment."; and WHEREAS, Mr. Schanuel proposes to retain Mr. Googins in connection with representation related to a pending code enforcement action. The scope of the representation is outlined in a letter from Mr. Googins to the City Attorney dated, December 2, 2005; and WHEREAS, because Mr. Googins had limited involvement with code enforcement matters and never worked on a code enforcement action at this site, his representation of Mr. Schanue! in the pending code enforcement action does not appear to present a potential conflict which could harm the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive any potential contlict of interest relatcd to Mr. Googins' representation of Mr. Sehanuel as it relates to the pending code enforcement action (#H 104- (362). Presented by Approved as to form by 7 ? , ;; ) >f!.-.tU" j.-f Ann Moore City Attorney l_ COUNCIL AGENDA STATEMENT Item: G Meeting Date: 01/10/2006 ITEM TITLE: RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE CITY'S EMERGENCY MANAGEMENT SYSTEM. SUBMITTED BY: Chief of pOlice~ REVIEWED BY: City Manager f ~J?~ (4/5ths Vote: Yes_No X) In Homeland Security Presidential Directive-5, the President of the United States directed the Department of Homeland Security (DHS) to develop and administer a National Incident Management System (NIMS). NIMS will provide a standardized emergency management system under which federal, state and local governments will be able to work together more effectively to prepare for, prevent, respond to, and recover from disasters. Governor Schwarzenegger, through Executive Order S-2-05, has directed the State Offices of Emergency Management and Homeland Security to implement NIMS and integrate it into the state's emergency management system. Beginning in FY 2007, state and local jurisdictions will have to be fully NIMS-compliant in order to continue receiving federal homeland security and disaster preparedness grants. RECOMMENDATION: That the City Council adopt the National Incident Management System (NIMS) as the City's emergency management system. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: California State and local governments have been pioneers in the emergency management field since the early 1970s, when the California fire service, in partnership with the federal government, developed the emergency Incident Command System (ICS) that has become the model for incident management systems nationwide. In 1993, California was the first state to implement a statewide Standardized Emergency Management System (SEMS) for use by all emergency response agencies, and this system served as a model for the development of NIMS. The City is already using SEMS and ICS, and in order to become NIMS-compliant will only have to make some minor changes to the emergency management organizational structure, incorporate NIMS terminology into existing emergency plans, and ensure that City employees receive the proper level of NIMS training. 6-1 Page 2,ltem: 6 Meeting Date: 01/10/2006 By adopting this resolution, the City Council directs city departments to utilize NIMS and to incorporate the use of nationally standardized emergency management terminology and organizational structures; a standardized Incident Command System; interoperable communications; consolidated action plans; unified command structures; uniform personnel qualification standards; uniform standards for emergency planning, training, and critical incident exercises; comprehensive resource management; and the use of designated facilities during emergencies or disasters. FISCAL IMPACT: All training costs associated with implementation of the National Incident Management System will be reimbursed with UASI grant funds. Training for new employees and for ongoing re-certification will be incorporated into established training programs and therefore no additional appropriations are needed. Failure to adopt NIMS will prevent the City from applying for certain homeland security grants, and could also prevent the City from being reimbursed for expenses incurred during and after a declared emergency. 6-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE CITY'S EMERGENCY MANAGEMENT SYSTEM. WHEREAS, the President of the United States in Homeland Security Presidential Directive-5, directed the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach that federal, state, and local governments would be able to work together more effectively to prevent, prepare for, respond to, and recover from disasters, regardless of their cause, size or complexity; and WHEREAS, the Governor of California in Executive Order S-2-05 directed the State Offices of Emergency Management and Homeland Security to implement NIMS and integrate it into the state's emergency management system; and WHEREAS, the collective input and guidance from federal, state, and local governments has been, and will continue to be, vital to the development, implementation and utilization of NIMS; and WHEREAS, it is essential that federal, state, and local emergency response agencies utilize standardized terminology and organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for emergency planning, training, and critical incident exercises, comprehensive resource management, and pre-designated facilities during emergencies or disasters; and WHEREAS, the Incident Command System is already an integral part of the City's emergency management strategy under California's Standardized Emergency Management System; and WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption a standardized Incident Command System nationwide. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt the National Incident Management System as the City's emergency management system. Approved as to form by: Ri hard P. Emerson Chief of Police --!~'[;,. ,'''''' ~~,.,{ ~~\\, Ann Moore City Attorney 6-3 COUNCIL AGENDA STATEMENT Item: '7 Meeting Date: 1/10/06 ITEM TITLE: RESOLUTION ACCEPTING $83,219 FROM THE OFFICE OF EMERGENCY SERVICES AND APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES. SUBMITTED BY: Chief of Police ~ REVIEWED BY: City Manager f'~J7~ (4/5ths Vote: YesLNo _) The Police Department and South Bay Community Services have been providing Domestic Violence Response Team services for the past nine years. The attached contract formally continues those services, which include comprehensive assessments of children and families, immediate crisis intervention, and follow-up services to the victim and children. The contract is a standard two-party agreement that has been approved as to form by the City Attorney. RECOMMENDATION: That Council adopts the resolution accepting $83,219 from the Office of Emergency Services, appropriating said funds to the FY 2005/2006 Police Department supplies and services budget, waiving the consultant selection process, and approving the contractual agreement with South Bay Community Services to provide services for Domestic Violence cases. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Chula Vista Police Department (CVPD) has received continued funding for the expansion of a successfully established domestic violence program. The Office of Emergency Services (OES) has awarded the Police Department $83,219 during the 3rd_year term of a 3-year grant program. Since 1985, CVPD and South Bay Community Services (SBCS) have partnered to address issues with juveniles. And since 1997, CVPD has been working in a partnership with SBCS to provide direct services to domestic violence victims 7-1 Page 2, Item: 7 Meeting Date: 1/10106 and protect the children from abuse. The partnership between CVPD and SBCS resulted in the formation of a 24-hourl7-day per week Domestic Violence Response Team (DVRT). In order to provide more consistent and intensified follow-up services, the DVRT program was expanded in October 2003 with the addition of two full-time SBCS Advocates working on site at CVPD. The OES grant has funded advocacy services in FY 2003/2004 and FY 2004/2005, and the third year award will continue to do so in FY 2005/2006. Continuing services of the two additional Advocates beyond FY 2005/2006 is contingent upon additional grant funding to support the program. Because of the established working relationship with SBCS, CVPD is seeking to waive the consultant selection process and approve the contractual agreement with SBCS to provide services for domestic violence cases. SBCS has tailored their programs to meet the needs of the City and their experience, qualifications and community presence make them a unique service provider. The Domestic Violence Response Team consists of detectives from the Family Protection Unit of the Police Department and Advocates from South Bay Community Services. The Advocates work closely with the Detectives, provide more intensified follow-up services after the violent incident, and help prevent the need for further intervention by law enforcement. SBCS' Advocates are mandated to provide 24-hour immediate mobile crisis intervention in response to 911 calls to the CVPD on all family violence cases involving children. Immediate response is construed to mean 20 minutes and current average response time is 19-22 minutes. SBCS emergency staff meets CVPD officers at the scene of domestic violence crimes to assess for child abuse as well as offer services to victims. Additionally, CVPD has dedicated personnel from the Family Protection Unit to arrive in such cases. This dedicated staffing will allow both CVPD and the SBCS Advocate to have increased access to victims after the incident. The following business day, the Advocate will follow-up with victims (alone or with a CVPD Detective), set up home visits with those not sheltered and provide case management and additional services to those placed in shelter. These visits will be coordinated with a Detective, depending on the severity of the abuse and if the perpetrator is still at large. Other SBCS Advocate services include safety planning, support groups and counseling, Temporary Restraining Order information and assistance, and transportation to a domestic violence shelter. FY 2005/2006 DVRT Obiectives Investigate 1,200 cases of suspected domestic violence Make contact and offer advocacy to 100% of victims with cases assigned to the unit Provide advocacy, including crisis intervention, resource and referral assistance, emergency assistance, andlor restraining order assistance to 400 victims Provide 4 training sessions reaching at least 100 law enforcement officers 7-2 Page 3, Item: 7 Meeting Date: 1/10/06 FISCAL IMPACT: The Office of Emergency Services grant of $83,219 will completely offset the cost of subcontracting to SBCS for the services of two full-time Advocates. Continuing services of the two Advocates beyond FY 2005/2006 is contingent upon additional grant funding from the Office of Emergency Services to support the program. This is a one-time appropriation. As additional grant funds are secured, the Department will bring forward additional requests for further funding of these positions. Attachment: Agreement between City of Chula Vista and South Bay Community Services for Domestic Violence Response and Advocacy Services 7-3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $83,219 FROM THE OFFICE OF EMERGENCY SERVICES AND APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES. WHEREAS, the Police Department was awarded $83,219 from the Office of Emergency Services to enhance domestic violence response and advocacy services; and WHEREAS, the Police Department is seeking to waive the consultant selection process as South Bay Community Services has partnered with the Police Department since 1985 and tailored their programs to meet the needs of the City; and their experience, qualifications and community presence make them a unique service provider; and WHEREAS, acceptance of this grant will offset the cost of subcontracting services of two South Bay Community Services advocates; and WHEREAS, the enhanced Domestic Violence Response and Advocacy Team will provide advocacy, crisis intervention, resource and referral assistance, emergency assistance and/or restraining order assistance. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $83,219 from the Office of Emergency Services, appropriate said funds to the FY 2005/2006 Police Department supplies and services budget, waive the consultant selection process and approve the contractual agreement with South Bay Community Services to provide services for domestic violence cases. :~ Richard P. Emerson Police Chief Approved as to form by: ~ J1~/c Dt1I&!~ Ann Moore (jff City Attorney 7-4 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ;/kk d GLf/& /frt- Ann Moore " City Attorney Dated: January 4,2006 AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES 7-5 Agreement between City of Chula Vista and South Bay Community Services for Domestic Violence Response and Advocacy Services This agreement ("Agreement"), dated 01/10/2006 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, since 1997, the City has worked with South Bay Community Services to provide Domestic Violence Response and Advocacy services; 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. Page 1 7-6 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. Page 2 7-7 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 categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the consultant, his agents, representatives, employees or subcontractors and provide documentation of same priorto commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) in the amount set forth in Exhibit A, Paragraph 9. 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto) in the amount set forth in Exhibit A, Paragraph 9. 3. Workers' Compensation insurance as required by the State of California and Employers Liability Insurance in the amount set forth in the attached Exhibit A, Paragraph 9. 4. Professional Liability or Errors & Omissions Liability insurance appropriate to the consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability in the amount set forth in Exhibit A, Paragraph 9. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self- insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the consultant will provide a financial guarantee satisfactory to the City Page 3 7-8 guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the consultant's including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the consultant's insurance using ISO CG 20 10 11 85 or its equivalent. 2. The consultant's insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its respon~ibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If Errors & Omissions coverage are written on a claims-made form: 1. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective Page 4 7-9 date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. 4. A copy of the claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A-V. Ifthe insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) and be A.M. Best's rated A-V. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Consultants must include all sub-consultants as insureds under its policies or furnish separate certificates and endorsements for each sub-consultant. All coverage for sub- consultants is subject to all of the requirements included in these specifications. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In 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. Page 5 7-10 . H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.Qov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. Page 6 7-11 I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. Page 7 7-12 4. Term. This agreement shall terminate on June 30, 2006 provided however (a) the effectiveness of this Agreement for the fiscal year commencing July 1, 2005 shall be contingent upon City's appropriation, in its sole discretion, of the necessary funds therefore; and (b) Consultant's obligations under Section 7 hereof shall survive such termination. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. . It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", . Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. Page 8 7-13 B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Page 9 7-14 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. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. Page 10 7-15 For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: 1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 2. Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at Page 11 7-16 the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions . In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the 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 Page 12 7-17 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. I ndependent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. Page 13 7-18 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. . D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Page 14 7-19 E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. Page 15 7-20 Signature Page to Agreement between City of Chula Vista and South Bay Community Services for Domestic Violence Response and Advocacy 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: ,2006 City of Chula Vista by: Stephen Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: . Ann Moore, City Attorney Dated: Exhibit List to Agreement (X) Exhibit A. Page 16 7-21 Exhibit A to Agreement between City of Chula Vista and South Bay Community Services 1. Effective Date of Agreement: 07/01/2005 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: South Bay Community Services 5. Business Form of Consultant: (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1124 Bay Blvd, Suite D Chula Vista, California 91911 Voice Phone (619) 420-5094 Fax Phone (619) 420-8722 7. General Duties: Domestic Violence Response and Advocacy Services 8. Scope of Work and Schedule: Detailed Scope of Work: The Operational Agreement (Exhibit B) between South Bay Community Services and the Chula Vista Police Department signed April 20, 2005 and Office of Emergency Services grant #LE05036364 shall serve as scope of work for this agreement. Page 17 7-22 B. Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: 07/01/2005 C. Dates or Time Limits for Delivery of Deliverables: Deliverable NO.1: The Operational Agreement (Exhibit B) between South Bay Community Services and the Chula Vista Police Department signed April 20, 2005 details time limits and deliverables for this agreement. D. Date for completion of all Consultant services: Upon compliance with all executory provisions herein. 9. Insurance Requirements: 1. General Liability: (Including operations, products and completed operations, as applicable.) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee 4. Professional Liability or $ 500,000 each occurrence Errors & Omissions Liability: $1,000,000 policy aggregate 10. Materials Required to be Supplied by City to Consultant: . None. 11. Compensation: A. (X) Single Fixed Fee Arrangement. Page 18 7-23 For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $78,256, payable as follows: Quarterlv installments of $19,564 each. 12, Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. 13. Contract Administrators: City: Lieutenant Tro Peltekian, Investigations Division Police Department 315 4th Avenue Chula Vista, CA 91910 (619)585-5670 Consultant: Kathryn Lembo, Executive Director 1124 Bay Blvd, Suite D Chula Vista, California 91911 14. Liquidated Damages Rate: None. 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. 16. ( ) Consultant is Real Estate Broker and/or Salesman Not Applicable 17. Permitted Subconsultants: None. Page 19 7-24 18. Bill Processing: A. Consultant's billing to be submitted for the following period of time: (X) Quarterly B. Day of the period for submission of Consultant's billing: (X) First of the Month C. City's Account Number: 100-14350-6401 19. Security for Performance None Required. . 7-25 Page 20 ~~/?- =~~--~ - - - - - - - - - - Exhibit B cm OF CHULA VISTA POLICE DEPARTMENT OPERATIONAL AGREEMENT This Operational Agreement stands as evidence that the Chula Vista Police Department (CVPD) and South Bay Community Services (SBCS) intend to work together toward the mutual goal of providing maximum available assistance for crime victims residing in the City of Chula Vista. Both agencies believe that implementation of the Domestic Violence Response and Advocacy application, as described herein, will further this goal. To this end, each agency agrees to participate in the program, if selected for funding, by coordinating/providing the following services during the period July 1, 2005 to June 30, 2006: The Chula Vista Police Department project will closely coordinate the following services with South Bay Community Services through: SBCS Project staff being readily available to the Chula Vista Police Department for service provision; Regularly scheduled meetings once per month between SBCS' Family Wellness and Self Sufficiency Departmeot Director and CVPD's Family Protection Unit Investigator to discuss strategies, timetables and implementation of mandated services. . Specifically: Chula Vista Police Department agrees to: . Act as lead administrative and fiscal agent for the project; . Facilitate the provision of domestic violence training for CVPD officers by SBCB staff; . Prompt notification of SBCS Community Assessment Workers by officers at the scene of domestic violence; . Participation in joint meetings to ensure optimal project effectiveness and utilization of resources; . Provision of information for evaluation and measurement of services. South Bay Community Services agrees to: . Provide 24 hourl7days a week services of the Community Assessment workers for the Domestic Violence Response Team, in response to calls from CVPD officers; . Provide and coordinate a continuum of services to the families identified by the project which may include: crisis intervention, assessment, case management, individual group and family counseling, confidential shelter or transition housing, and a temporary restraining order clinic; . Provide cooperation and information for evaluation and measurement of components of the project. We, the undersigned, as authorized representative Com7jZdp~i'dO' Richard P. Emerson, Chief of Police Chula Vista Police Department and South Bay For. Chula Vista Police Department Lfhlos For: South Bav Community Services Date: Date: ~. ,..20 -05 ,.$}1ft? PRIDE AT WORK , C"_ 01:'11. .,11"1:; 7-26 I -. .PART JII (~evised 1/031051 COUNCIL AGENDA STATEMENT Item ;;? Meeting Date 1/10/06 ITEM TITLE: Resolution Approving Eighth Amendment to Agreement between San Diego 1('!lf'..:i,m'loJ0F.1i1 Transit System (SDMTS) and City OfChula Vista for Unified Telephone Information System (DTIS) Director of Public Works operati~ CityManager1/'j-n -pR (4/5ths Vote: Yes_ No X) SUBMITTED BY: REVIEWED BY: This resolution would maintain ChuIa Vista Transit's (CVT) participation in the UTIS via an agreement. Council approved previous amendment to agreement on January 25, 2005. This service provides Chula Vista Transit (CVT) riders and persons outside the region with telephone and online schedule information both on CVT and on all fixed route transit systems operating in the County. This agreement for FY 2005-06 continues CVT's participation in this regional transit information system at a cost of$53,120.l9 RECOMMENDATION: That Council approve Resolution approving Eighth Amendment to Agreement between San Diego Metropolitan Transit System and City of Chula Vista for Unified Telephone Information System for the period FY 2005-06. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable , DISCUSSION: The following transit operators participate in the regional UTIS operated by SDMTS: San Diego Trolley, North County Transit District, San Diego Transit, MIDB Contract Services, National City Transit, Coaster and CVT. City residents receive schedule and transfer information on all systems operating in the County. The telephone information system is available 7 days a week between the hours approximately 5:30 a.m. and 11:00 p.m. There is also a 24 hour automated telephone information system and an online transit information site. The total system cost is allocated to each transit operator based on the percentage share of calls originating from each operator's service area. These percent allocations are based on the previous three-year totals calls answered imd are updated annually. FISCAL IMPACT: The City OfChula Vista's share of the FY 2005-06 UTIS cost is $ 53,120.19. This cost is included in the Transit Division's fiscal year 2006 budget, which is funded by MIS Consolidated TDA Article 4.0 funds. No appropriation needed at this time. Cost is already included in budget. No City OfChula Vista's General Fund contributions support this agreement. Attachment: Unified Telephone Information System Amendment 8-1 RESOLUTION NO. 2006-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING EIGHTH AMENDMENT TO AGREEMENT BETWEEN SAN DIEGO METROPOLITAN TRANSIT SYSTEM (SDMTS) AND CITY OF CHULA VISTA FOR UNIFIED TELEPHONE INFORMATION SYSTEM (UTIS) WHEREAS, the City Council approved a previous amendment to agreement with San Diego Metropolitan Transit System (SDMTS) on January 2S, 200S; the operation of a Unified Telephone Information System (UTIS); and WHEREAS, this service provides Chula Vista Transit (CVT) riders and persons outside the region with telephone and online schedule information both on CVT and on all fixed route transit systems operating in the County; and WHEREAS, the following transit operators participate in the regional UTIS operated by SDMTS: San Diego Trolley, North County Transit District, San Diego Transit, Metropolitan Transit Development Board Contract Services, National City Transit, Coaster and CVT. WHEREAS, City of Chula Vista residents receive schedule and transfer information on all systems operating in the County. The telephone information system is available seven days a week between the hours approximately 5:30 a.rn. and 11:00 p.rn. There is also a 24-hour automated telephone information system and an online transit information site; and WHEREAS, the total system cost is allocated to each transit operator based on the percentage share of calls originating from each operator's service area. These percent allocations are based on the previous three-year total calls answered and are updated annually; and WHEREAS, this eighth amendment to agreement for FY 200S-06 continues CVT's participation in this regional transit information system at a cost of $S3, 120.19. This cost is contained in the Transit Division budget, which is funded by MTS Consolidated TDA Article 4.0 funds. None of the City of Chula Vista's General Fund contributions support this amendment. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Eighth Amendment to agreement between S an Diego Metropolitan Transit System and City of Chula Vista for Unified Telephone Information System on the terms presented, a copy of which shall be kept on me in the office of the City Clerk. Presented by Approved as to form by ~~ ~{(dl~ Dave Byers Ann Moore Director of Public Works Operations City Attorney J:\Altorney\RESO\AMENDMENTS\8th Amendment SO Metro Transit System.doc 8-2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL i'\.~,yQ\\\~\l, Ami Moore City Attorney Dated: January 4,2006 EIGHTH AMENDMENT TO THE AGREEMENT WITH UNIFIED TELEPHONE INFORMATION SYSTEM 8-3 MTS Doc. No. G0979.8-06 OPS 910 (PC 50601) AGREEMENT between SAN DIEGO METROPOLITAN TRANSIT SYSTEM (SDMTS) and CITY OF CHULA VISTA for UNIFIED TELEPHONE INFORMATION SYSTEM EIGHTH AMENDMENT TO THE AGREEMENT In accordance with Sections 7 A and 8 of the above-mentioned agreement, the following changes in the agreement, as of July 1, 2005, are hereby agreed upon: Recitals WHEREAS, City of Chula Vista operates Chula Vista Transit (CVT), a fixed-route bus system; and WHEREAS, San Diego Transit Corporation (SDTC), a division of San Diego Metropolitan Transit System (SDMTS), has jointly maintained a Transportation Information System providing information to telephone callers about CVT operations, fare, route, and other operational information; and WHEREAS, such a relationship has benefited both SDMTS and the City of Chula Vista in terms of effectiveness and efficiency; and WHEREAS, SDMTS and the City of Chula Vista desire to continue this relationship; NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, SDMTS and the City of Chula Vista agree as follows: Section 2. Obliqations of City Delete paragraphs A and B and replace as follows: A. The City of Chula Vista agrees to pay to SDMTS the sum of fifty-three thousand, one hundred twenty dollars and 19 cents ($53,120.19) in return for the use of its Telephone Information System to disseminate rider information by telephone during the period of July 1, 2005, through June 30, 2006. B. Payment for this sum shall be made on a monthly basis no later than ten (10) days after receipt of invoice from SDMTS. Payment for each month shall be the amount of four thousand, four hundred twenty-six dollars and 68 cents ($4,426.68). 8-4 Section 7. Term of Aqreement and Termination Delete paragraph A and replace as follows: A. This amendment shall become effective at 12:01 a.m. on July 1, 2005, and shall expire at 12:00 midnight on June 30, 2006, unless otherwise terminated as provided herein, or unless mutually extended by written agreement prior to such expiration date. Section 11. Aqreement Assiqnment Add paragraph A: . A. SDTC is assigning its rights to this agreement to SDMTS. The; reason for this assignment is due to the consolidation of the Teiephone Information Department into the SDMTS agency. All other provisions of this agreement shall remain the same. SAN DIEGO METROPOLITAN TRANSIT SYSTEM CITY OF CHULA VISTA ~~ Paul C. ski Chief Executive Officer Mayor Date: / "--)/.c' / Date: Approved as to form: a Attest: ounsel litan Transit City Clerk Approved as to Form: City Attorney WCASSI/AG-G0966.0-06.CHULA VIST A.LMARI Attachment: Exhibit A -2- 8-5 G0979.0-06 ~~~ :-~-: ~ ~-6;-- - - COUNCIL AGENDA STATEMENT 01Y OF (HUlA VISTA Item No. D j Meeting Date 1/10/06 Item Title: RESOLUTION APPROVING A MASTER LICENSE AGREEMENT WITH CRICKET COMMUNICATIONS, INC. FOR THE INSTALLATION AND OPERATION OF UP TO 35 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR UP TO FIVE ADDITIONAL 5 YEAR TERMS Director of Conservation & Environmental Services ~ !ttrG Submitted by: Reviewed By: , City Manager if ~'- ilK, (4I5thS Vote: Yes~ Nol) SUMMARY Staff is submitting a Master License Agreement for the City Council's review and consideration. The Agreement would establish terms between the City and Cricket Communications for the installation of up to 35 WTF facilities within Chula Vista on City property and/or City right of way subject to review of the City Manager's Office and applicable City Departments. RECOMMENDATION That council adopt the resolution approving the Master License Agreements with Cricket for the installation and operation of up to 35 WTF or substantially similar facilities on City owned property for a period of five years with an option to renew for up to five additional 5-year terms. Further authorize Staff to reduce the rate charged to Cricket by up to 40% to reduce land use and aesthetic impacts by under grounding cabinets or other equipment. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. BACKGROUND The City Council approved Resolution 18601 on March 18, 1997 conceptually approving. the marketing of City properties for use by telecommunications companies. On September 16, 1999 the City Council approved Master License Agreements (MLA) with AT&T and Sprint for installation and operation of up to 50 cell sites on City property. The City subsequently approved an MLA with Cingular for up to 35 sites. Since this 9-1 /J PAGE 2, ITEM -, MEETING DATE 1/10/06 time, staff has been working with a number of companies to explore the possibilities of locating additional cell sites on City owned property. Placing these facilities in the City in an effective and efficient process provides Chula Vista residential and commercial consumers with prompt access to emerging and competitive telecommunications services as well as competition for cost and quality of service. Placing the facilities on City property assists carriers in the coverage needed to meet consumer demands, generates general fund revenues and provides the City with the opportunity to reduce or eliminate aesthetic, operational and other site impacts as the land owner as well as the local land use authority. Cricket is a mobile phone service provider that is establishing its coverage in the region, and is interested in locating facilities on City-owned properties. Staff is recommending that the City enter into a MLA with Cricket. The MLA will allow Cricket to install and operate up to 35 wireless telephone facilities (WTF) each in the City of Chula Vista for a period of 5 years with an option to renew up to five additional 5 year terms (see Attachment 1). DISCUSSION MASTER LICENSE AGREEMENT: The Master License Agreement allows Cricket to install up to 35 WTF facilities each on City owned property and to operate within the scope of this Agreement for a period of 5 years. The Agreement allows for up to five additional five year terms each, with the written request of Cricket and the subsequent written approval of the City Manager. Prior to the renewal of each five-year term, the annual license fee is subject to renegotiation to ensure that the City is receiving market value for its facilities. The City is able to terminate this MLA upon 12 months notice, at any time after the initial five-year term. Cricket will be paying an annual license fee of approximately $21,642.36 ($1,803.53 per month) for the use of City property for the operation of each facility that includes up to 7 equipment cabinets and 12 antennas. In some instances, Cricket will only have a requirement for antennas or cabinets alone. The annual license fee for those facilities will be less. Staff is also proposing to reduce these rates by up to 40% with Cricket and other contractors if they propose projects that under ground the appurtenances or take other similar measures to reduce the impacts to land use and aesthetics. Council approved a similar clause in an agreement established with another wireless carrier (Cingular) in late 2002. The Cricket MLA provides the City with a unique planning opportunity in the telecommunications field. Cricket is the first wireless service provider to respond to the City's request to "master plan" their site needs within Chula Vista and is attempting to layout their requirements for up to 35 sites. Staff looks forward to working with Cricket representatives under a master planned approach that allows the City to move their objective forward promptly while maximizing the City's responsibility to protect the public's interests. 9-2 PAGE 3, ITEM MEETING DATE o -,. 1/10/06 Cricket is required to comply with all local, state and federal applicable laws. The Schedule of Premises shall be administratively approved for each site and contain specific conditions that must be satisfied and maintained in order to use the wireless facility. The Schedule of Premises will be submitted to the Zoning Administrator and circulated to all appropriate departments. Cricket shall pay the appropriate staff costs for processing each submittal. The Zoning Administrator will notify property owners adjacent a proposed site and consider comments prior to the decision on whether to approve a location. Staff believes that it is important for the public to understand that federal regulation (Federal Communications Commission, Section 704(a) (7) (B) (iv) of the Telecommunications Act of 1996) prohibits local governments from making a finding to deny a wireless service provider site approval based on radio frequency emissions. All of Cricket's construction, installation, maintenance and removal of the WTF facilities will be at their sole responsibility and cost. If Cricket causes any damage to the public right of way or City property, they are required to promptly repair it at their sole cost. Cricket will not be allowed to activate their site until the City signs off on final construction. The MLA provides for a number of risk mitigation measures for the City including: indemnity; insurance requirements; limitation on remedies available to Cricket in the event of a City breach; and reservation of the City's emergency and police powers. The City collects Utility Users Tax from mobile phone service providers and the Agreement provides for Cricket to collect the tax from the service users and remit the tax to the City. IMPACTS ON CITY PROPERTY: The installation will vary depending on the site Cricket needs. As mentioned all installations will be required to receive all applicable permits and they will work closely with Planning, General Services, Conservation & Environmental Services and a representative from the host department to assure that they do not interfere with City operations or facility maintenance. The three primary types of installations are building mounted, ground mounted and light standard mounts. Building mounted installations generally involve mounting antennas on the fagade or on the roof of the building, in addition to accommodating equipment cabinets on the ground or on the roof. Ground mounted applications involve construction of a "monopole" or . more stealth applications where the monopole is disguised within artificial palm or pine trees, flagpoles or complimentary structures. In this case the cabinets are generally mounted on a concrete slab adjacent to the antenna structure. The largest size cabinet systems use an area of approximately 10 by 20 feet. Both applications will require some trenching and cabling. The installations will require maintenance and administration on a limited basis. All proposed facilities would be required to secure all necessary land use, building and engineering permits. Staff will encourage Cricket to take advantage of reductions in monthly site payments by undergrounding the cabinets and other structures whenever possible. 9-3 PAGE 4, ITEM MEETING DATE q 1110/06 FINANCIAL BENEFITS: Cricket will be compensating the City for use of each site by paying an annual license fee to the City General Fund for each system installed. Cricket's annual license fee for a typical application including both antennas and cabinets is approximately $21,000 (subject to potential reduction of the rate charged to Cricket by up to 40% to reduce land use and aesthetic impacts by under grounding cabinets or other equipment). The MLA authorizes up to 35 WTF facilities by Cricket. The annual fee increases by 3% a year, and will be renegotiated prior to the renewal of each five-year term to ensure the City is receiving market rate rent. FISCAL IMPACT The MLA authorizes up to 35 WTF facilities at a yearly rate for each facility of up to $21,000 (subject to potential reductions of up to 40% to the rates charged to Cricket for installations that reduce land use and aesthetic impacts by under grounding cabinets or other equipment). Presently there are six City properties being considered representing an annual income of up to $126,000 (subject to the rate reductions mentioned above). The six proposed sites are going or soon will be going through the entitlement process, and should be operational early in 2006. There will be some staff time associated with monitoring and ensuring compliance with the Agreement. . Cricket-CAS-final 9-4 RESOLUTION NO.2006- - RESOLUTION OF THR CTTY rOTTNrrr OF THE rTTY OF CHULA VISTA APPROVING A MASTER LICENSE AGREEMENT WITH CRICKET COMMUNICATIONS, INC., FOR nIE INSTALLATION A-ND OPERATION OF UP TO 35 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR UP TO FIVE ADDITIONAL 5-YEAR TERMS WHEREAS, the City Council approved Resolution 18601 on March 18, 1997 conceptually approving the marketing of City properties for use by telecommunications companies; and WHEREAS, on November 1999 and 2002 the City Council approved Master Communications Site License Agreements with Sprint, AT&T and Cingular for installation and operation of up to 50 and 35 wireless telecommunication sites on City property respectively; and WHEREAS, Cricket Communications is a wireless telecommunication service provider that is expanding its coverage in the South Bay region and is interested in locating facilities on City- owned properties; and WHEREAS, staff is recommending that the City enter into a Master License Agreement with Cricket Communications Wireless to install and operate up to 35 wireless telecommunication facilities on City-owned property for a period of 5 years with an option to renew up to five additional 5-year terms. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve and authorize the Mayor to execute the Master Communications Site License Agreement with Cricket Communications for the installation and operation of up to 35 wireless telecommunication facilities on City-owned property, on the terms and in the forms presented, with such minor modifications as may be approved orrequired by the City Attorney, copies of which shall be kept on file in the office of the City Clerk; and BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City ofChula Vista; and BE IT FURTHER RESOLVED that all revenues derived from this Cricket Communications License Agreement shall be deposited in the City's General Fund. Presented by Approved as to form b Michael Meacham ~ Director, Conservation & Environmental Services I" City MI'M:\Cricket-MlA-RESO 9-5 THE ATTACHED AGREEJ\1ENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL o City Attorney Dated: 1/4/06 MASTER COMMUNICATIONS SITE LICENSE AGREEJ\1ENT WITH CRICKET COMMUNICATIONS, INC. 9-6 MASTER COMMUNICATIONS SITE LICENSE AGREEMENT TIllS MASTER COMMUNICATIONS SITE LICENSE AGREEJ\1ENT ("License") dated as of ,2005 ("Effective Date"), is entered into between CRICKET COMMUNICATIONS, INC., A DELAWARE CORPORATION ("Cricket"), and the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION ("City") with reference to the following facts. A. Cricket wishes to attach, install, erect, operate, and maintain up to thirty-five (35) various unmanned wireless telecommunications facilities, or substantially similar facilities, on public property under the ownership and/or control ofthe City for purposes of providing wireless communications services. B. City is willing to allow Cricket to attach, install, erect, operate and maintain the Facilities subject to the terms and conditions set forth herein and in the site specific Schedule of Premises. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which .are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1. DEFINITIONS: 1.1. Licensed Premises or Premises: The City owns in fee, or controls through easement rights, certain real property located in the City of Chula Vista, California. Portions of such property shall be described in a Schedule (as defined below) approved by the City and attached hereto. The property described in such Schedules shall constitute and be described and collectively referred to herein as the "Licensed Premises" or "Premises." Licensed Premises shall include any appurtenant property the City owns, or controls on which Cricket installs utility and transmission lines with City's prior approval pursuant to Section 2.4 below. 1.2. Schedule: Attached hereto and incorporated herein by reference shall be various Schedules of Licensed Premises (hereinafter "Schedule"). Each Schedule shall be substantially in the form attached hereto as Exhibit B and shall include the description of the specific Cricket Improvements (described below) or light standards allowed on the License Premises; its configuration, and the site specific conditions necessary for approval (hereinafter "Conditions of Approval"). Both parties agree that Schedules may be added or deleted by administrative action by City from time to time subj ect to and in accordance with the provisions of this License, including but not limited to Section 5.3 regarding Governmental Approvals. No more than 35 Schedules may be in effect at anyone time. Both parties also agree that the City may add to, delete or modify the Conditions of Approval at any time during the term of this Agreement to advance a legitimate and reasonable governmental interest. 1.3. Pre-existing Communications: "Pre-existing Communications" shall be defmed as those communications configurations, equipment and frequencies which exist on City's property or are in use by the City within or around the City as of the Effective Date of this License or as of a Commencement Date of an applicable Schedule. . 1.4. Cricket Improvements or Cfty's Improvements: Cricket Improvements shall be defmed to be those unmanned wireless telecommunications facilities comprised of radio frequency transmitting and receiving equipment, antennas, cables, conduits, wires, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements, which are approved by the City and which are located or proposed to be located per this License, on Licensed Premises. A typical example of the facilities comprising the Cricket Improvements is set forth in Exhibit & attached hereto. Cricket Improvements shall exclude light standards or poles located in City rights-of- way, whether or not said light standards or poles are installed by City or Cricket. Such excluded Chula Vista I Cricket Master Comm. Site License Page 1 of19 9-7 improvements shall be owned by City. 1.5. Commencement Date: Upon execution hereof by all parties hereto the Commencement Date of this License shall be the Effective Date. The Commencement Date of this License with respect to each individual Licensed Premise shall be as specified in each related Schedule. 2. PREMISES AND LICENSED USES 2.1. Grant of License. Subject to the following terms and conditions and each Schedule's site specific Conditions of Approval, City hereby grants to Cricket a non-exclusive license to the Premises as depicted in the Schedules attached hereto and incorporated herein from time to time. Each Schedule executed hereunder shall be substantially in the form of Exhibit B. 2.2. Use. The Premises may be used by Cricket solely for the transmission and reception of non- franchised wireless telecommunication signals on various frequencies and the construction, maintenance and operation of City-approved Cricket Improvements. 2.3. Pre-Construction; Testing. Cricket shall have the right (but not the obligation) at any time following the full execution of this License and prior to the Commencement Date under each Schedule to enter the Premises for the purpose of making necessary inspections, engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for Cricket Improvements and for the purpose of preparing for the construction of Cricket Improvements af no expense to City. During any Tests or pre-construction work, Cricket shall have the insurance coverage set forth in Section 4.4, Insurance. Cricket shall provide the City with prior notice of any proposed Tests or pre-construction work and will coordinate the scheduling of same with City. Cricket, at Cricket sole cost and expense, will restore the Premises to the same condition as existed prior to any such tests or pre-construction work by Cricket. 2.4. Installation of Cricket Improvements. 2.4.1. In General. This License grants to Cricket the right to construct, maintain and operate Cricket Improvements on the Licensed Premises subject to the terms and conditions set forth herein and those Conditions of Al?proval found in each Schedule. All of Cricket construction and installation work shall be performed at Cricket's sole cost and expense and in a good and workmanlike manner. Title to Cricket Improvements shall be held solely by Cricket, and all of Cricket Improvements shall remain the personal property of Cricket and shall not be treated as real property or become a part of any Premises even though affixed thereto. All street light standards on property owned or controlled by the City, whether installed pursuant to this License by City or Cricket, shall be owned by the City. Prior to installation and operation of each set of Cricket Improvements, Cricket must obtain. any and all required federal, state and local permits required for such installation and operation. City permits required include, without limitation, building permits and an approved Schedule. City shall exercise its best efforts to process Improvements applications within forty-five (45) days after the submittal of a completed application. In addition, all work shall be scheduled in advance and coordinated with parks operations personnel, onsite recreational staff, Public Works, Engineering or other City staff as appropriate prior to commencement of the work to minimize the potential for conflicts with recreation and other City programs or activities occurring on the site. The applicant agrees that the site will not be activated until the City has signed off on final construction, which sign off shall not be unreasonably withheld, conditioned or delayed. Absent such sign off, Cricket shall have recourse to an appeal to the City Manager. Chula Vista I Cricket Master Comm. Site License 9-8 Page 2 of 19 2.4.2. Location of Cricket Improvements. The location of Cricket Improvements on Licensed Premises shall be subject to the Zoning Administrator's prior approval. In deciding whether to approve a location, the Zoning Administrator will take into consideration City's goal to assure that wireless telecommunication networks are completed with the fewest possible facilities, in the least visible fashion, and with the least disruptive impact on neighborhoods and communities within the City of Chula Vista. For example, denying or conditionally approving a location to preserve and enhance the aesthetic qualities of the City of Chula Vista shall not be deemed unreasonable. City approval shall be deemed given once the Zoning Administrator has approved the Schedule of Licensed Premises with associated Conditions of Approval. Absent such approval, Cricket shall have recourse to an appeal to the City Manager. It is understood that both parties will work together to find the optimum location for Cricket's antennas on the Licensed Premises that have the least impact to City and private property. Even though approval of Cricket Improvements will generally be handled administratively, the City Council shall have the authority, on its own motion and before construction of the Cricket Improvement begins, to approve, conditionally approve, or deny the location of a Cricket Improvement on the Licensed Premises - regardless of whether the Cricket Improvement was previously approved by the Zoning Administrator or City Manager. Cricket agrees to reimburse City for the reasonable costs, including reasonable administrative overhead, of processing the approval of each Schedule. The process for reimbursement shall be conducted in the same or similar manner as the City's processing of a non-administrative conditional use permit. 2.4.3. Utilities. Cricket shall have the right to install utilities which are necessary for the operation of Cricket Improvements, at Cricket expense, and to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back-up power). Such utilities shall be subject to City approval and removal in the same manner as other Cricket Improvements as provided in Section. 2.4.2, and 2.10, respectively. Cricket shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Cricket Improvements. Payment of all costs for said utilities' deactivation and removal, including any costs, which would survive the term of said License or Schedule, shall be the exclusive obligation of Cricket. Cricket Improvements shall include separate utility meters. 2.4.4. Street Light Standards. In the case of installations on street light standards or mast arms, Cricket shall comply with all applicable City regulations for the installation of streetlights. If the installation is to be done via replacement of an existing standard and/or mast arm, said replacement shall meet the same regulations as were applied to the existing standard and/or mast arm and be completed to the satisfaction of the Zoning Administrator. Said regulations shall include, but not be limited to, the form, size, strength and construction materials specified for City street lights. Consistent with the City's lawful exercise of police powers, such regulations may be amended at the City's sole and absolute discretion including, but not limited to, allowing for additional space for internal wiring of City and/or Cricket or, altered foundation requirements to accommodate joint City and Cricket uses, or other technical reasons; provided that (i) City shall pay costs to modifY street light standards or mast arms which it owns in accordance with such amended regulations and (ii) Cricket shall pay all costs to modifY Cricket's Improvements as required by such amended regulations. In making any such amendments, City shall use reasonable efforts to accommodate and not materially adversely impact the functioning of existing Cricket Improvements. In the event the amended regulations make existing Cricket Improvements unusable by Cricket, then City shall use reasonable efforts to provide a suitable alternate location. Upon reasonable notice and written request by the Zoning Administrator, Chula Vista I Cricket Master Comm. Site License 9-9 Page 3 of19 Licensee shall provide a replacement pole that is pre-approved by the City Engineer and shall deliver the existing pole to the City Corporation Yard or some other suitable site within the City designated by the City Engineer. The design of the pole, method of attachment for Licensee's equipment and all other connections shall meet the specifications reasonably required by the Zoning Administrator. 2.4.5. Compliance with Laws. Cricket's Installation and operations of Improvements must comply with any and all applicable federal, state and local laws. Installation of improvements in or near the public right of way shall meet the requirements of the Americans with Disabilities Act with regard to minimum clearance and public use of sidewalk areas. 2.4.6. Restoration. If any City sidewalk is disturbed in the course of installation, Cricket shall replace said sidewalk from cold joint to cold joint from each direction from the disturbed area and to the satisfaction of the City Engineer. If any existing landscaping, irrigation systems, utilities or other City facilities are disturbed in the course of installation, Cricket shall replace and restore said property to its pre-installation condition. 2.4.7. Maintenance. Maintenance of the Cricket Improvements shall be the sole responsibility of Cricket during the entire term of this License, and Cricket agrees to keep all Cricket Improvements in good condition and repair. 2.5. Access. 2.5.1. Cricket and Cricket employees, agents, contractors and subcontractors shall have access to the Premises twenty-four, (24) hours per day, seven (7) days per week, at no charge to Cricket, subject to the conditions set forth in each Schedule. City hereby licenses to Cricket all rights of ingress and egress held by City to the extent required to construct, maintain, install and operate Cricket Improvements on the Premises. Cricket's exercise of such rights shall not cause undue inconvenience to City. 2.5.2. In connection with installations on light standards, mast arms or poles, Cricket shall provide at least seven (7) days written notice to the City Engineer of installation date and time. Cricket shall pay any and all costs associated with City shut off and reconnect of power to Premises, installation oversight and/or inspections if City reasonably deems necessary. 2.5.3. In connection with Cricket's maintenance of Cricket Improvements on street light standards, mast arms or poles, Cricket shall provide at least twenty four, (24) hours notice to the City Engineer and pay City any and al1 costs associated with City shut off and reconnect of power to Premises, maintenance oversight and/or inspections if City deems reasonably necessary. In case of need for emergency maintenance of Cricket Improvements, Cricket shall use its best efforts to give prior notice to City Engineer but shall notify City of such work as promptly as reasonably possible after the work is commenced. . 2.5.4. In connection with City's maintenance to street lights which share a standard or mast arm with such installations, City shall use its best efforts to provide Cricket at least twenty four (24) hours notice of said maintenance. If City desires to have a technician of Cricket on site during said maintenance, Cricket shall provide said technician upon at least twenty-four, (24) hours notice. In case of need for emergency maintenance of City's street lights which share a standard or mast arm with such installations, City need not give prior notice to Cricket but shall notify Cricket of such work as promptly as reasonably possible after the work is commenced. Chula Vista I Cricket Master Comm. Site License 9-10 Page 4 of 19 2.6. Interference with Communications. 2.6.1. Cricket Improvements at any given Premises shall not interfere with Pre-existing Communications (determined with respect to such Premises at the date the Schedule for such Premises is executed). Cricket Improvements shall also comply with all noninterference rules of the Federal Communications Commission ("FCC"). 2.6.2. Any radio equipment installed by Cricket on the Premises shall be frequency compatible with all radio transmitting and receiving equipment existing and in use on the Premises at the time initial installation of such equipment is made. In the event Cricket installation electronically or physically interferes with City's installation already existing on the Premises, Cricket shall take all necessary steps, at its own cost and expense, to eliminate such interference, whether so required by the FCC or not. 2.6.3. Except to the extent necessary to install, operate or maintain public improvements, or in the event of an emergency, the City shall not knowingly interfere with the location, configuration, frequency or operation of Cricket Improvements except in the case of Pre-Existing Communications that do not materially change their power level, frequency or location. In the event any equipment installation by City made subsequent to Cricket's installation causes interference with the location, configuration, frequency or operation of Cricket Improvements, City shall exercise reasonable best efforts to eliminate such interference after learning of such interference, whether required by the FCC or not. 2.6.4. Notwithstanding any other provision in this License to the contrary, in the event of an emergency, City shall have the right, in its sole discretion, to take such action it determines in its sole discretion is necessary under the circumstances to address the emergency, even though such actions may cause interference with Cricket Improvements or the operation thereof. If City must take action which causes or may cause interference, City shall endeavor to (a) give Cricket oral notice of such action as quickly as practicable and (b) to the extent practicable under the circumstances, upon notice by Cricket of the existence of interference, minimize the duration and extent of such interference. 2.6.5. City shall have the responsibility to cooperate with Cricket to identify and remedy to the extent reasonably necessary, any interference with the communications operations of Cricket described in Sections 2.6.3 and 2.6.4, above. 2.6.6. Subsequent to the installation of Cricket Improvements, City shall not permit its licensees or future licensees to install new equipment on the Licensed Premises or property contiguous thereto owned or controlled by City, if such equipment is likely to cause interference with Cricket's operations. Cricket shall cooperate in good faith with City to determine whether such interference is likely to be caused by the prospective future licensee. For purposes of this Section 2.6, the existence of electronic and physical interference shall be reasonably determined by City and Cricket. In the event Cricket reasonably determines the likelihood of interference by newly installed facilities, City shall direct the party installing such facilities to meet and confer with Cricket in order to develop an approach or design that eliminates or materially reduces the potential for interference. Notwithstanding the foregoing, Pre-existing Communications operating on the Commencement Date that do not measurably change from this power level, frequency or location on the Commencement Date shall not be deemed to be interfering at any time. 2.6.7. Cricket agrees to notify immediately the Director of Public Works of the City of any Chula Vista I Cricket Master Comm. Site License 9-11 PageS of19 changes in Cricket frequencies to be used at the Premises. 2.7. Liens. Cricket shall keep the Premises free and clear of any and all liens or claims of liens and charges on account of labor and materials used in or contributing to any work performed by or related to this License, failing which City shall have the right, but not the obligation, to discharge any or all such liens or claims, and Cricket shall, upon demand therefor, reimburse City for all costs and expenses incurred by City. 2.8. Removal of Cricket Improvements; Damage or Destruction. 2.8.1. Upon expiration, cancellation or termination of this License or any Schedule hereunder, Cricket shall be responsible for: (a) removing from the Premises subject to such expiration, cancellation, or termination, at its sole cost, all Cricket Improvements except those which the parties agree shall not be removed or shall be transferred to City, (b) repairing, at its sole cost, all damage caused by such removal, and (c) surrendering the Premises to City in the Premises' original condition, ordinary wear and tear and damages caused by third parties excepted. Said retum of Premises in their original condition shall include Cricket's remediation of any hazardous or toxic material discharge at the Licensed Premises caused by Cricket or its agents and shall be to the reasonable satisfaction of the City. 2.8.2. Within 30 days after the date this License or an applicable Schedule expires or otherwise terminates, Cricket at its expense shall remove all Cricket Improvements from the affected Premises; provided that if five or more Schedules expire or terminate contemporaneously, then Cricket shall have a reasonable amount of additional time to remove the affected Cricket Improvements so long as Cricket is diligently proceeding with removal. Any Cricket Improvements remaining on affected Premises beyond the time period available for removal as set forth above shall, at the sole discretion of the City, either (a) in whole or in part become City property (b) in whole or in part be removed and disposed of by City, with the reasonable costs of said removal and disposal, including reasonable administrative overhead, to be reimbursed to City by Cricket within ten days after Cricket receives City's request for reimbursement together with reasonable evidence ofthe cost. 2.8.3. If the Premises consist of a light standard, mast arm or pole and the same is damaged, knocked down or destroyed from any cause, the following provisions shall apply: Chu1a Vista / Cricket Master Comm. Site License a. If the damage or destruction renders Cricket unable to conduct normal operations and a temporary site is not available per subsection f. below, the fee for such Premises shall abate in full from the date such damage or destruction occurs until Cricket is able to commence normal operations; provided that Cricket shall have no right to abatement if the damage or destruction is caused by Cricket or its agents negligence or willful misconduct. b. Non-replacement in case of damage. If Cricket chooses to terminate the use of any Licensed Premises suffering such damage, Cricket shall notify the City Engineer of such decision within ten (10) days after notice of such damage. Cricket shall comply with all terms of this agreement concerning removal of Cricket improvements. Cricket shall be responsible for any removal or replacement of wiring, foundation or other associated facilities that maybe required to accommodate the replacement facilities. If this option is chosen by Cricket, Cricket shall not be obligated to replace or pay to replace the damaged light standard, mast arm or pole. 9-12 Page 6 of 19 Chula Vista I Cricket Master Co=. Site License c. Immediately following the damage or destruction, City shall exercise its best efforts to notifY Cricket in writing thereof and shall commence and thereafter continue diligent efforts to repair or replace the light standard, mast arm or pole; provided that City shall have no obligation to repair or replace the light standard, mast arm or pole if (i) the City, determines, in good faith, that the facility is no longer required or desirable to serve the public health, safety and welfare and that . the City has no existing or foreseeable intention of replacing or repairing the facility, or (ii) the damage or destruction occurs during the last 12 months of the Term or any Renewal Term, and Cricket does not, within 10 days after receiving City notice of such destruction fails to exercise any option to extend or renew which may then be available regarding the subject Premises hereunder. d. If within ten days after written notice from Cricket of damage City has not commenced to repair or replace, then Cricket shall have the right, but not the obligation, to repair or replace the pole or light standard to the conditions existing immediately prior to the damage or destruction (or to any better condition consistent with the City's then-existing standards and regulations for design and construction of similar facilities); provided that Cricket shall have no obligation to restore any City operations served by the light standard, mast arm or pole unless the damage or destruction is caused by Cricket or its agent's negligence or willful misconduct. Cricket shall perform such work using only contractors approved by the city. Cricket shall complete such work as expeditiously as reasonably possible, subject to complying with the provision of Section 2.4, above. e. If Cricker repairs and replaces pursuant to subsection d. above, then the City shall reimburse Cricket for all its reasonable costs of repair and replacement, provided that (i) City shall have no obligation to reimburse if the City timely decides in good faith not to repair or replace pursuant to subsection c. above or if the damage or destruction is caused by the Cricket or its agent's negligence or willful misconduct, and (ii) City shall not be required to pay more than the cost of repair and replacement the City would have incurred had the City contracted for the work using its customary method of procurement and customary time frame for the type of work in question. Reimbursement shall be due and payable within 30 days after receiving Cricket's request for reimbursement together with reasonable evidence of the costs. Cricket shall have the right to offset license fees under all Schedules by the aJp.ount of any reimbursement owing but not timely paid. If the City timely decides in good faith not to repair or replace pursuant to subsection c. above, then all such work by Cricket shall be at its sole expense, but Cricket shall have the option to remove or leave in place any new or replacement light standard, mast arm or pole upon expiration or termination of the applicable Schedule. f. If Cricket is rendered unable to conduct normal operations due to damage or destruction, City shall use reasonable efforts to identifY and make available to Cricket, within ten days following the damage or destruction, a temporary site owned or controlled by City which in Cricket's judgment is equally suitable for Cricket's intended uses (subject to public safety issues). Cricket may construct and operate substitute Cricket's Improvements thereon until the Premises are fully repaired and available to Cricket. 9-13 Page 7 of 19 2.9. Termination. 2.9.1. Neither this License nor any Schedule shall be revoked or terminated during the Term or any Renewal Term except as expressly stated in this License. 2.9.2. This License may be terminated by either party for any or no reason by delivering to the other party, at any time after the initial five (5) year term of this License, written notice of exercise of this right to terminate (the "Exercise Notice"). If this right to terminate is exercised, termination of this License shan be effective 12 months after the Exercise Notice is delivered to the other party From and after the date the Exercise Notice is delivered to the other party until the effective date of termination, Cricket shan have no right to receive any further Schedule attachments to add Licensed Premises that were not executed prior to delivery of the Exercise Notice. Notwithstanding the foregoing, City retains the right to disapprove extensions of this License beyond the first five-year term as provided in Section 3.1 hereof. . 2.9.3. Cricket shan have the right to terminate a Schedule on 3D days prior written notice to City (or any shorter notice expressly set forth below), if: . . Chula Vista I Cricket Master Comm. Site License a. Cricket delivers to City such 3D-day written notice at any time prior to the Commencement Date under such Schedule for any reason or no reason; b. Cricket determines at any time after the Commencement Date under such Schedule that any governmental or non-governmental license, permit, consent, approval, easement or restriction waiver that is necessary to enable Cricket to install and operate Cricket Improvements cannot be obtained at acceptable expense or in an acceptable time period; c. Cricket determines at any time after the Commencement Date under such Schedule that the Premises are not appropriate or suitable for Cricket operations for economic, environmental or technological reasons, including without limitation, any ruling or directive of th~ FCC or other governmental or regulatory agency, or problems with signal strength or interference not encompassed by Section 2.9.3 .d. below; provided that if Cricket exercises the right to terminate under this subsection, Cricket shan pay City (or City may deduct from any rebate due Cricket) as a termination fee 25% of the then Annual Fee for the subject Premises, however Cricket shall not be charged such fee if Cricket elects to cancel a Schedule as a result of the exercise by City of its rights under paragraph 1.2; d. Any Pre-existing Communications, or any communications facilities or other structures of any kind now or hereafter located on or in the vicinity of the subject Premises, interfere with the location, configuration, frequency or operation of Cricket Improvements and Cricket is unable to correct such interference through reasonably feasible means; e. City commits a default under this License with respect to such Schedule and fails to cure such default within the 3D-day notice period, provided that if the period to diligently cure takes longer than 3D days and City commences to cure the default within the 3D-day notice period, then City shall have such additional time as shall be reasonably necessary to diligently effect a complete cure. Page 8 of 19 9-14 f. The Premises under such Schedule are totally or partially damaged, knocked down or destroyed ITom any cause (other than due to Cricket or its agent's negligence or willful misconduct) so as, in Cricket judgment, to hinder Cricket normal operations and City does not provide to Cricket within 10 days after the casualty occurs a suitable temporary location site for Cricket hnprovements pending repair and restoration of the subject Premises. 2.9.4. City shall have the right to terminate a Schedule if: a. Cricket commits a default under this License Agreement with respect to such Schedule and fails to cure such default within (i) ten business days after Cricket receives written notice of the default where the default is a failure to pay the annual fee for the subject Premises when due, or (ii) 30 days after Cricket receives written notice of any other default and fails to cure such default, provided that if the period to cure takes longer than 30 days and Cricket commences to cure the default within the 3 ~-day notice period, then Cricket shall have such additional time as shall be reasonably necessary to diligently effect a complete cure. A violation of the Schedule's Conditions of Approval shall be deemed a default for purposes ofthis subsection; b. The Premises are wholly or partially damaged or destroyed so as to interfere with Cricket's normal operations, City has no obligation to repair under 2.8.3. above and neither party elects to repair pursuant to Section 2.8.3. above; or c. The City Manager determines in good faith that there exists an immediate and substantial threat to public health and safety due to particular circumstances affecting the Premises which cannot be rectified through means less onerous than termination (such as temporary emergency cessation of use by Cricket pending corrective work), in which case termination shall take effect 48 hours after the Cricket receives written notice of termination setting forth the City Manager's determination and the reasons therefor. 2.9.5. A Schedule shall automatically terminate as of the date when possession is delivered to any governmental authority pursuant to the exercise of its power of eminent domain over the subject Premises of such portion thereof as is sufficient, in Cricket's good faith opinion, to render the Premises unsuitable for Cricket's normal operations, or pursuant to a transfer of the subject Premises or such portion thereof under threat or in lieu of exercise of such power. 2.9.6. Upon termination of this License, neither party shall have any further rights, obligations or liabilities to the other except: (a) with respect to provisions of the License which by their sense and context survive termination; and (b) with respect to the rights and remedies of the parties relating to the period prior to termination. Upon termination of any Schedule, neither party shall have any further rights, obligations or liabilities to the other respecting such Schedule or the Premises thereunder except: (i) with respect to provisions of this License applicable to such Schedule which by their sense and context survive termination; (ii) where termination is by reason of breach or default of the other party; and (iii) with respect to the rights and remedies of the parties relating to the period prior to termination. 3. TERM Chula Vista / Cricket Master Comm. Site License 9-15 Page 9 of 19 3.1. Term. 3.1.1. The initial term of this License shall begin on the Effective Date and shall expire on the date which completes five (5) years after the Effective Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this License may be extended for up to five (5) additional successive terms of five (5) years (each a "Renewal Term") on the same terms and conditions as set forth herein, except as the Annual Fee may be adjusted as provided in Section 4.1, below. Subject to the termination rights set forth in Section 2.9, above, this License shall automatically be extended for each successive Renewal Term unless Cricket notifies City of its intention not to renew prior to commencement of the succeeding Renewal Term. 3.1.2. Subject to the maximum overall License term of30 years set forth above, the term of any Schedule shall be as follows: A Schedule shall continue in effect for five years from said Schedule's Commencement Date; provided that Cricket shall have the right to extend the Term of such Schedule for five (5) additional periods of five (5) years (the "Renewal Term"). The Renewal Terms shall be on the same terms and conditions as the first Term except that the Annual Fee may be adjusted as provided in Section 4.1, below. Each Schedule shall be automatically extended for each successive Renewal Term unless Cricket notifies the City in writing of Cricket's intention not to extend such Schedule at least 90 days prior to expiration of such Schedule's Term. 4. COMPENSATION AND LIABILITY 4.1. Payment. 4.1.1. In consideration for the use of each Licensed Premises, Cricket agrees to pay City (to be deposited in the City's general fund) an annual fee ("Annual Fee") per Licensed Premises during the initial term of this License as follows: Chula Vista / Cricket Master Comm. Site License a. Cricket facilities that include up to seven (7) equipment cabinets and up to twelve (12) Antennas approximately 52 inches in height, in addition to necessary cables, electrical power, telephone service, and other necessary fixtures for the period ITom the Commencement Date ofthis License through December 31, 2006, in the amount of$19,800 ($1,650 per month); and/or b. Cricket facilities that include only up to seven (7) equipment cabinets, in addition to necessary transmission cables, electrical power, telephone service and other necessary fixtures for the period ITom the Commencement Date of this License through December 3 1,2006, in the amount of$1 1,400 ($950 per month); and/or c. Cricket facilities that include only up to twelve antennas approximately 52 inches in height, in addition to necessary transmission cables, electrical power, telephone service, and other necessary fixtures for the period ITom Commencement Date. of this License through December 31, 2006, in the amount of $8,400 ($700 per month); and/or d. Cricket facilities that include only up to two antennas approximately 52 inches in height, in addition to necessary transmission cables, electrical power, telephone service, and other necessary fixtures and limited to one above ground cabinet/pedestal of not more than 9 cubic feet, for the period ITom 9-16 Page 10 of 19 commencement Date of this License through December 31, 2006, in the amount of $3,000 ($250 per month) . e. Cricket facilities that include three antennas approximately 52 inches in height, in addition to necessary transmission cables, electrical power, telephone service, and other necessary fixtures and limited to one above ground cabinet/pedestal of not more than 9 cubic feet, for the period from commencement Date of this License through December 31, 2006, in the amount of $4,200 ($350 per month) f. The City may at its sole discretion decrease any of the fees listed above by up to 40% for under grounding cabinets or pedestals in a manner that by the City's sole judgment reduces the impact to land use and/or aesthetics. f. For each calendar year thereafter throughout the initial term, an amount equal to 103 % of the Annual Fee for the immediately preceding calendar year. 4.1.2. Upon written request of City or Cricket, the Annual Fee for any Renewal Term shall equal the then fair market rental rate (the "FMRR") that a willing licensee would pay and a willing licensor would accept for the use of similar installation locations for similar telecommunications equipment for the same five-year period. The FMRR shall be in the same amount for each of the Licensed Premises. If the City and Cricket are unable to agree on the FMRR within 180 days prior to expiration of the term preceding a Renewal Term of this License, then at the request of either party, both parties shall attempt in good faith to appoint a real estate appraiser with at least five years' experience in the area. in which the Licensed Premises are located to appraise and set the FMRR. If the parties are unable to agree upon such an appraiser within 15 days after either party requests appointment, then the parties hereto agree that an appraiser shall be promptly determined in accordance with the rules of the American Arbitration Association. Within 30 days after the appraiser is selected, he or she shall investigate and report to the parties in writing his or her determination of the FMRR. The appraiser may in his or her sole discretion choose to meet with the parties and take testimony, and may extend the time for determining the FMRR by not more than 15 days. The appraiser's determination shall be final and non-appealable, absent fraud. If Cricket is dissatisfied with the determination of FMRR, then Cricket shall have, as its sole and exclusive remedy, the right to rescind its exercise of the option to renew and allow this License and the then-existing Schedules to expire at the later of the end of the initial term of this License or 90 days after the appraiser issues his or. her report on determination of the FMRR (the nDelayed Expiration Daten). The Annual Fee during the period, if any, from and after expiration of the initial term of this License to the Delayed Expiration Date shall be the FMRR, prorated for such time period. If the FMRR is not yet determined by expiration of the initial term of this License, then Cricket shall pay the Annual Fee at the at the immediately preceding year's rate pending such determination; and promptly after such determination the parties shall adjust such payment as necessary to the Annual Fee rate as determined by the appraiser, or, if Cricket elects to rescind its exercise of its right to renew, City shall make a rebate as provided in Section 4.1.6 below. The parties shall share equally the costs and fees of the appraiser. Notwithstanding the foregoing, in no event shall the Annual Fee for Licensed Premises adjusted hereunder for any Renewal Term be less than 103% of the Annual Fee for the Licensed Premises in the last year of the preceding term. 4.1.3. The Annual Fee for each Licensed Premises shall be set at the rate in effect for the calendar year in which the Commencement Date for such Schedule occurs, and shall be adjusted on January 1 of each year thereafter during the term oflbe Schedule, beginning January 1,2007, according to the adjustment provisions of Sections 4.1.1 and 4.1.2 above. Chula Vista / Cricket Master Comm. Site License 9-17 Page 11 of] 9 4.1.4. The Annual Fee shall be payable in advance on each January I, except that any partial Annual Fee for the fIrst partial calendar year during the Tenn of any Schedule shall be payable in advance on the Commencement Date of the subject Schedule. If the Commencement Date occurs other than January I, and/or if the Tenn or [mal Renewal Tenn ends on a date other than December 31, the Annual Fee shall be prorated for the fIrst and last partial calendar years during the Tenn or [mal Renewal Tenn, based on a 360 day year and 12 months of 30 days each. 4.1.5. If payment is not received by January I, or the respective Commencement Date, a late fee of 5% of the balance due will be assessed. In addition, interest will accrue at a rate of 6% per annum until paid. 4.1.6. If a Schedule is tenninated prior to December 31 of any year for any reason other than Cricket's default, City shall rebate to Cricket the unearned portion of the Annual Fee for the calendar year in which tennination occurs, provided that City may reduce any such rebate by (a) any tennination fee owing to City under Section 2.9.3.c above and (b) those sums, if any, due from Cricket under Section 2.8 above. City shall pay such rebate within 60 days after the effective date oftennination. Whenever Cricket is entitled to abatement of an Annual Fee under this License or any Schedule, City shall credit the amount of such abatement against the next Annual Fees due from Cricket; provided that if the amount of the abatement exceeds the total next Annual Fee (if any) due for the Premises respecting which the abatement has arisen, City instead shall rebate to Cricket the full abatement amount within 30 days after Cricket delivers to City written request for such rebate. 4.1.7. Payments shall be made to The City of Chula Vista, Finance Department, 276 Fourth Avenue, Chula Vista, CA 91910, or to such other place as City may from time to time designate by written notice to Cricket. Payments shall be accompanied by a description of payment, which identifIes the sites for which payment is being made. 4.2. Surety Bond. City shall have the right to require Cricket to furnish a bond, or alternative acceptable to City, to cover the faithful perfonnance by Cricket of its obligations under this License. If such a bond is required by City, it shall be issued by a commercial bondiog company which is authorized to transact surety iosurance busioess io the State of California and satisfactory to City; shall not be subject to tennination or cancellation except upon nioety (90) days' prior written notice by certifIed mail to City; shall be io such fonn and in such amount, not to exceed $25,000, as City shall specify from time to time; and, subject to tennination or cancellation as foresaid, shall be maintained in full force and effect throughout the life of this License and until City, in its sole discretion, detennines that Cricket has fulfIlled all of its obligations under this License. 4.3. Hold Harmless. 4.3.1. Cricket shall defend, indemnity, protect and hold harmless the City, its elected and appointed officers and employees (each a 'City Party'), from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the operation of the Cricket Improvements or conduct of the Cricket, or any agent or employee, subcontractors, or others acting under the direction or control of Cricket or the violation thereby of any hazardous materials laws or the release thereby of hazardous materials in connection with this License, except only to the extent of those claims arising from the sole negligence or sole willful misconduct of a City Party. Cricket's indemnifIcation shall include any and all costs, Chula Vista I Cricket Master Co=. Site License 9-18 Page 12 of 19 expenses, reasonable attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Cricket at its own expense shall, upon written request by the City, defend any such claims arising from Cricket's operations or conduct that are brought against the City, its officers, agents, or employees. Cricket also shall and does hereby agree to indemnify, protect, defend and hold harmless the City, its elected and appointed officers and employees (each a 'City Party'), from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) incurred by the City arising directly from (a) City's approval and issuance of Schedule and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, io connection with the use contemplated herein. 4.3.2. It is agreed between the parties that the City assumes no responsibility or liability for loss, damage, expenses or claims, direct or consequential, from (a) the Cricket's inability to use the Licensed Premises for its intended purpose, contributed to or caused by the failure of existing facilities on which Cricket Improvements may be placed, inability to use the site, or otherwise, (b) the Cricket use or any related access roads, (c) Cricket's operation of the Cricket Improvements, or (d) the termination of the License by either party. 4.3.3. Notwithstanding any contrary provision of this License, each party hereby waives any right to recover from the other party or other party's partners, affiliates, agents and employees any loss or damage resulting from any cause or hazard to the extent the loss or damage is covered by property insurance carried by the party suffering loss or damage, including any loss or damage resulting from loss of the use of any property and provided that at the time of loss the property insurers for both parties have waived rights of subrogation. These waivers shall apply between the parties and to any property insurer claiming under or through either party as a result of any asserted right of subrogation, unless any property insurer has not waived its right of subrogation (in which case these waivers shall have no effect). 4.4. Insurance. Cricket, at its sole cost and expense, shall maintain in full force and effect at all times during the term of this License (including the period between the expiration hereof and Cricket's removal of the Cricket Improvements or other equipment from the Premises or appurtenant property), Comprehensive General Liability or Commercial General Liability insurance covering bodily injury (including death), personal injury and property damage. Limits shall be in an amount of not less than one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) aggregate if applicable. Such insurance shall include the City, its officers, agents and employees, individually and collectively, as additional insureds with respect to any covered liability arigjng out of Cricket's performance of work under this License. Throughout the term of this License, Cricket, at its sole cost and expense, shall also maintain in full force and effect, insurance coverage for bodily injury (including death), and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles/aircraft/watercraft. Additionally, Cricket shall maintain not less than fifty thousand dollars ($50,000) Fire Legal Liability on all real property beiog licensed, includiog improvements and betterments owned by City. Cricket shall also provide fire insurance on all personal property contained within or on the Licensed Premises. The policy shall be written on a standard "all risk" contract, excluding earthquake and flood. The contract shall insure for not less than (90) percent of the actual cash value of the personal property, and shall include the City as an additional insured. Coverage shall be provided in accordance with the limits specified and the Provisions indicated herein. Claims-made policies are not acceptable. When an umbrella or excess coverage is in effect, coverage shall be provided in following form. Such insurance shall not be canceled or materially altered to reduce coverage until the City has received at least thirty Chula Vista / Cricket Master Corom. Site License 9-19 Page 13 of 19 (30) days' advance written notice of such cancellation or change. Cricket shall be responsible for notifying the City of such change or cancellation. 4.4.1. Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this License, Cricket shall file with the City the required original certificate(s) of insurance with endorsements, subject to the City's prior approval, which shall clearly state all of the following: a. Provide on a form approved by the City's Risk Manager, an original plus one (I) copy of a Certificate of Insurance certifying that coverage as required has been obtained and remains in force for the period required by the License. b. All policies shall contain a special provision for thirty (30) days prior written notice of any cancellation, or change to no longer meet the herein specified insurance requirements, to be sent to the City's Risk Manager, 276 Fourth Avenue, Chula Vista, Ca 91910, or to the address shown on the Certificate of Insurance.; and . c. That Cricket's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. d. City is an additional insured. The certificate(s) of insurance with endorsements and notices shall be mailed to the City as the address specified in 4.4.1.b.above. 4.4.2. Workers' Compensation Insurance. Throughout the term of this License, Cricket, at its sole cost and expense, shall maintain in full force and effect, insurance coverage for: a. Statutory California Workers' Compensation coverage including a broad form all-states endorsement. b. Employer'sLiability coverage for not less than one million dollars ($1,000,000) per occurrence for all employees engaged in services or operations under this License. Policy is to include a wavier of subrogation. 4.4.3. Insurer Criteria. Any bond or insurance provider of Cricket shall be admitted and authorized to do business in California and shall be rated at least A-V inA.M Best & Company's Insurance Guide. Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. 4.4.4. Severability of Interest. Prior to the execution of this License, "Additional insured", "Cross liability," "severability of interest," or "separation of insured" endorsements/clauses shall be made a part of the commercial general liability and commercial automobile liability policies. 4.4.5. Contractors' and Subcontractors' Insurance. Cricket shall require that all contractors and subcontractors obtain insurance meeting the criteria set forth herein and shall furnish to the City copies of all certificates evidencing such policies of insurance. Chula Vista / Cricket Master Comm. Site License 9-20 Page 14 of 19 4.4.6 Insurance and Indemnification Obligation. Cricket's compliance witb tbe insurance requirements herein shall not excuse, replace, or otberwise affect Cricket's duty to indemnify and defend tbe City pursuant to 4.4 oftbis License. 4.4.7 Except as may be specifically provided for elsewhere in tbis License, City and Cricket hereby each mutually waive and all rights of recovery from tbe other in event of damage to tbe premises or property of eitber caused by acts of God, perils of fITe, lightning, and extended coverage perils as defined in insurance policies and forms approved for use in the State of California. Each party shall obtain any special endorsements, if required by tbeir insurer, to evidence compliance with tbe aforementioned wavier. 4.5. Nuisance. Cricket shall not use the licensed Premises in any manner, which, in tbe reasonable opinion oftbe City, creates a nuisance or disturbs tbe quiet enjoyment oftbe surrounding area by persons in said area. City reserves its rights to exercise its police powers and autbority as tbey may apply to nuisance response and abatement, as provided by City ordinance exclusive of any contract provisions. 5. MISCELLANEOUS 5.1. Possessory Interest. Cricket shall pay personal property taxes and possessory interest taxes, if any, assessed against tbe Cricket Improvements or tbe Premises arising from tbe installation of tbe Cricket Improvements. Cricket recognizes and understands tbat tbis license may create a possessory interest subject to property taxation and that Cricket may be subject to tbe payment of property taxes levied on such interest. Cricket further agrees that such tax payment shall not reduce any fee paid to City hereunder and tbat such tax shall be paid by Cricket before becoming delinquent. City has no responsibility or liability for any such tax. 5.2. Utility Users' Tax. Cingular acknowledges and agrees that tbe wireless communication services utilizing tbe Cingular Improvements licensed hereunder are subject to tbe City's utility users' tax ("Utility Tax") pursuant to City's Municipal Code. Cingular agrees to collect tbe tax from service users and remit such tax to tbe City in accordance witb tbe City's Municipal Code. 5.3. Governmental Approvals. Each Schedule under tbis License is conditioned upon Cricket, or Cricket's assigns, obtaining all governmental permits and approvals enabling Cricket, or its assigns, to construct and operate mobile/wireless communications facilities on tbe Cricket Improvements for tbat Schedule. Cricket shall at its sole cost and expense comply with all tbe requirements of all municipal, state, and federal autborities now in effect or which may hereafter be in effect, which pertain to tbe . Cricket's Improvements and use tbereof. City shall have no responsibility or liability for any such requirements. Cricket shall be responsible for obtaining any permits and approvals from any agency having jurisdiction over Cricket's activities. 5.4. Governing LawNenue. This Agreement shall be governed by and construed in accordance witb tbe laws of tbe State of California. Any action arising under or relating to tbis Agreement shall be brought only in tbe federal or state courts located in San Diego County, State of California, and if applicable, tbe City of Chula Vista, or as close tbereto as possible. Venue for tbis Agreement, and performance hereunder, shall be tbe City of Chula Vista. 5.5. Signs. No signs shall be displayed on tbe Premises witbout tbe prior written consent oftbe City in its sole discretion, except where required by law. 5.6. License Administrators. For administrative purposes, any activity covered by tbis License, Chula Vista / Cricket Master Comm. Site License 9-21 Page 15 of 19 which requires pennission or consent of City shall be referred to the City Manager or Manager's duly designated representative at the following address: City Manager, City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Phone: (619) 691-5031 Fax: (619) 585-5884 The designated person, address, and phone number for serving official notice on Cricket shall be: Cricket Communications, Inc. Attn.: Stefan Karnavas, Vice President 10307 Pacific Center Court San Diego, CA 92121 With a copy to: Cricket Communications, Inc. Attn.: Legal Department 10307 Pacific Center Court San Diego, CA 92121 5.7. Successors and Assigns. 5.7.1. Except as provided in subsection 2 below, Cricket shall not assign any rights granted by this License nor any interest therein without the prior written approval of the City. Approval of any such proposed assignment may be withheld in the sole and absolute discretion of the City. Any assignment by operation of law shall automatically terminate this License. The tenns and provisions of this License shall extend to and be binding upon and inure to the benefit of any successors and assigns of the respective parties hereto. 5.7.2. Notwithstanding Section 1 above, Cricket may, without City's approval and in Cricket's sole discretion, from time to time, do any of the following: a. Grant to any person or entity a security interest in some or all of Cricket's Improvements and/or other property used or to be used in connection with this License; b. Assign or pledge Cricket's interest in this License or any Schedule to any person or entity to finance Cricket's equipment or operate Cricket's business; and c. Assign (i) to any entity which has, directly or indirectly, a 30% or greater interest in Cricket (a "parent") or in which Cricket or a Parent has a 30% or greater interest (an "Affiliate''); (ii) to any entity with which Cricket and/or any Affiliate may merge or consolidate; (iii) to a buyer of substantially all of the outstanding ownership units or assets of Cricket or any Affiliate; or (iv) to the holder or transferee of the Federal Communications ("FCC") license under which Cricket's Improvements are operated, upon FCC approval of any such transfer. Any such assignment shall not be effective until the assignee signs and delivers to City a document in which the assignee assumes responsibility for all Cricket's obligations under this License arising from and after the Chula Vista / Cricket Master Co=. Site License 9-22 Page 16 of 19 effective date of assignment. 5.8. Non-Waiver of Breaches. The City's or Cricket's failure to insist, respectively, in anyone or more instances, upon strict performance of any of the covenants or conditions of this License shall not be considered as a waiver or relinquishment for the future of said covenants, terms or conditions, but the same shall continue and remain in full force and effect. 5.9. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. No alteration or variation of this License shall be valid or binding unless made in writing and signed by the parties hereto. 5.10. Time is of the Essence. Time is of the essence in performing each and all of the terms and provisions of this License. 5.11. Waiver of Property, Relocation and Condemnation Rights. Cricket acknowledges and agrees that this License does not confer any of the following: a property right or interest or, a right to relocation or relocation assistance. 5.12. Hazardous Materials. Cricket shall not bring any Hazardous Materials onto the Licensed Premises except for those contained in Cricket's back-up power batteries (e.g. lead-acid batteries) and properly stored, reasonable quantities of common materials used in telecommunications operation (e.g. cleaning solvents). Cricket shall handle, store and dispose of all Hazardous Materials it brings onto the Licensed Premises in accordance with all federal, state and local laws and regulations. "Hazardous Materials" means any substance, chemical, pollutant or waste that is presently identified as hazardous, toxic or dangerous under any applicable federal, state or local law or regulation and specifically includes but is not limited to asbestos and asbestos containing materials, polychlorinated biphenyl's (PCBs) and petroleum or other fuels (including crude oil or any fraction or derivative thereof). City makes no representation or warranty regarding the existence of hazardous materials on some or all of the Licensed Premises, which are being licensed to Cricket in an AS IS condition. Cricket is solely responsible for investigation of any and all Licensed Premises as it sees fit to determine the suitability of the Premises for its intended use. 5.13. City Police Powers. Notwithstanding any provision in this License to the contrary, Cricket acknowledges and agrees that City retains any and all police powers authority available at Law or in equity to regulate the conduct of Cricket within the City or to otherwise act in accordance with the public health, safety and welfare of the City and that nothing in this License is intended to or shall the affect of condemning or limiting such authority in any way. 5.14. Limitation on City Liability. Notwithstanding any provision in this License to the contrary Cricket's sole remedies for the City's breach of the License shall be (1) termination of the License or one or more Schedules, as appropriate; (2) specific performance or injunction; or (3) the right to withhold amounts otherwise due and payable to City hereunder with respect to one or more Licensed Premises; provided that; the foregoing limitation on liability does not apply to City's rebate obligation under Section 4.1.6 above. Except as expressly provided in the preceding sentence, in no event shall Cricket be entitled to monetary damages against the City for breach of contract hereunder. 5.15. Condemnation. If a condemning authority takes all of City's Property, or a portion, which in both parties' opinion is sufficient to render a Premise unsuitable for Cricket's use, then the applicable Schedule shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or part of the Premises to a purchaser with the power of eminent Chula Vista (Cricket Master C.omm. Site License 9-23 Page 17 of 19 domain, shall be treated as a taking by a condemning autbority. [The Next Page is the Signature Page] Chula Vista / Cricket Master Comm. Site License 9-24 Page 18 of 19 SIGNATURE PAGE TO MASTER COMMUNICATIONS SITE LICENSE AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms as of the date fIrst written above. ,2006 City of Chula Vista Dated: by: Stephen Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Cricket Cricket Communications, Inc., a Delaware corporation B, ~yc.4 (Signature) Name: Ani+lo"'j G. 6."l'L. (Print) Title: K~O n.~,"'.rlt. ~".,,(.,.. \..J..!- ~IQ,... . . t) By: (Signature) Name: (print) Title: (Print) Exhibit List to Agreement (I) Exhibit A Sample Improvements (2) Exhibit B: Schedule of Premises Chula Vista / Cricket Master Comm. Site License 9-25 Page 19 of 19 EXHIBIT A Sample Cricket Improvements [To be Inserted] 9-26 .. ,g III I: :; .. c; 1:1. .IC .. c; a. CII .s: .. ~mOlJap"Imi(3' / c; > ';: Q 1:1. o = : ... ... o E o .. ... .. .. CII ~ .s: .. .. o I: III I: :; o ,g ~ CII '; ... o I: o ; C; "3 .~ .. o .. o .s: a. 9-27 E o .. - .. .. " ell III C :; o .!! ;: ell '; - o c o :;:; .!!! :I E 'iij o .. o .c D. .,t:~ . o o , " . . ~ , .:oi .. " D. ell .c .. o - ell =6 " 'E ell .c .. 9-28 .c ::J o ~ - I:: ::J o o o OJ (IJ (5 ~ ~ '" c;; <( () '" 1;; ;;; '" I:: ::; ctI -C (J) (]) () 01::;; (")0 ~ r-- :;: (jj z (]) :.J. <(.- (J) > :g C. to ~ >- QJ '<: 11]. ,,~ . ".,,' ,.. . -:, - '. . ..~ '-, .' ~) ,,;~~ ,. . - . ~ " 00.- .. O~ E "8 '-", . - . 0.9 E ~.~.~ I-~ IV --0 oofB"> ..... 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" ~ _ '1,'_ -'no"~ '" ""',, " , .~, i' '_., j,~,c'i ",:<':<,;:~':';;" ',' ',"'. ''''',,:',' .._~..... ' , , , ,~ :c,;, ""l t" ,. ~ "", '," :'~<.-:~ :;~- ;' '- E o .. .... .. en IV G) aI C .- ~ o o - ,"" . "'.,'. ,,' ,:\,;;j - "', -~:; -':" ~_. " " '-~ .. '..' -. V E g ] " e ~ .,; o g ~ r ~ o U @ '" Q ~ .: ~ . " c: ~ . III .. .. ::s o Co) III .- C C G) .. G) .c .. .. III G) c E o .. .... .. III III G) 0) c .- ~ o o - ~ G) .- > .... o c o .- .. III - ::s E .- III o .. o .c a. . ;; ~ .> ~ ~ . ~ l .,~. 0 u @ CITY COUNCIL AGENDA STATEMENT Item No.: IL) Meeting Date: 1/10/06 ITEM TITLE: PUBLIC HEARING: Consideration of a Tentative Subdivision Map (pCS -03-01) and Rezone (PCZ-03-01) for a project known as El Dorado Ridge, Chula Vista Tract-03-01, located on the east side of Brandywine Ave, east ofthe intersection of Brandywine Ave and Mendocino Drive. - CVH1, LLC. RESOLUTION: of the City OfChula Vista City Council adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-02-045. ORDINANCE: of the City Council of the City of Chula Vista amending the zoning maps established by Section 19.18.010 of the Municipal Code, rezoning an 11.46 acre parcel located on the east side of Brandywine Ave, east of the intersection of Mendocino Drive and Brandywine Ave, from the R-I-IOH (Single Family Residential, Hillside) zone, to the R-2-P (One and Two Family Residential, Precise Plan) zone, and adopting Precise Plan Standards. SUBMITTED BY: RESOLUTION: of the City ofChula Vista City Council Approving and establishing conditions of a Tentative Map to divide 11.46 acres located on the east side of Brandywine Ave, east of the intersection of Mendocino Drive and Brandywine Ave, into atwo lot condominium subdivision containing 104 residential units and open space. - El Dorado Ridge. D""'"" OfPJrumi),!' """ Billldi" ~ City Manager (II ~:p~ (4/5 Vote: Yes_No l) REVIEWED BY: The applicant, CVHI, LLC, has submitted applications requesting approval of a Rezone and Tentative Subdivision Map for the El Dorado Ridge Project. The project will result in development of 104 attached townhome condominium units on a 7.43 acre lot, and dedication of a 4.03 acre biological preserve open space lot, on a vacant 11.46 acre site located on the east side of Brandywine Ave, between Sequoia Drive and Main Street (See attached locator map). The specific applications are described below: (1) PCZ-03-01 is a request for a zoning re-classification from the R-I-I0H Single Family Residence Zone to the R-2-P - One and Two Family Residence Zone, with a Precise Plan Modifying District. 10-1 . , , Page 2, Item: ...." Meeting Date: 1/10/06 (2) PCS-03-01 is a request for a Tentative Condominium Subdivision Map to subdivide a vacant I L46-acre lot into two lots, (A) a 7.43 acre multi-family residential lot, to permit construction of 104 attached condominium town homes, including garages, guest parking and common recreational facilities, and a 4,03 acre open space lot for preservation of biological resources and steep slopes. The project approval requires that an affordable housing agreement be executed prior to approval of the final map, in compliance with the City Affordable Housing Program. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-02-045 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. Proposed revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, (MND) IS-02-045 (see Attachment 4). During the 30-day public review period for the MND, two written comment letters were received from the State of California, Department of Fish and Game and the State of California Department of Transportation. The comment letters raised issues related to impacts to sensitive species and impacts to local freeway facilities. These issues are further addressed in the attached MND (Refer to MND Attachment B, the Responses to Comments). RECOMMENDATION: That the City Council I) adopt the Resolution approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-02-045, 2) adopt the Ordinance approving zoning re-classification PCZ-03-01, and 3) adopt the Resolution approving Tentative Condominium Subdivision Map PCS-03-01, in accordance with the attached draft City Council Resolutions and Ordinance. BOARDS/COMMISSIONS RECOMMENDATION: On November 30,2005, the Planning Commission considered the proposed project. Following staffs presentation and public testimony, the Planning Commission voted 5-0-2 recommending that the City Council approve the Mitigated Negative Declaration, General Plan Amendment, Tentative Map and Rezone applications (see Background Section for status of this General Plan Amendment). On August I, 2005, the Resource Conservation Commission recommended approval of Mitigated Negative Declaration IS-02-045. On July 18, 2005, the Design Review Committee approved Design Review Application DRC-05- 022 for the EI Dorado Ridge Project, by a vote of 3-0-1- L No further action is required on this application, which is predicated upon approval of these applications. 10-2 Page 3, Item: If) Meeting Date: 1110/06 PUBLIC COMMENTS: On June 9, 2005, City staff and the applicant hosted a publicly noticed meeting at the Valle Lindo Elementary School, to accept comments and questions on the project. Prior to this meeting, the applicant conducted a series of public workshops to obtain public input and provide updates on the progress of the project. There were five attendees from the public at the June 9th meeting. The concerns expressed at the meeting were limited to increased traffic congestion and accidents in the vicinity of Brandywine Ave. between Main Street and Sequoia Street, which is making it increasingly difficult to turn onto Brandywine Ave. from adjacent streets. Staff has discussed these concerns with our Engineering Department. A traffic study was prepared which showed that the project will generate 832 average daily trips, and that Brandywine Ave. is forecast to operate at level of service "c" before and after project approval. The Brandywine Ave./Sequoia Intersection north of the project site is currently a 4-way stop, but will be one of the next intersections in the City to receive a traffic signal, which will help reduce traffic queues that affect congestion at this intersection. Some of this congestion results from the ongoing construction of the 1-805/ Olympic Parkway interchange, which may divert some eastbound traffic intending to use the 1-805/ Olympic Parkway interchange to the 1-805/ Main Street interchange, to Brandywine, past the project site to Olympic Parkway. This is a temporary condition that will end with the completion of the freeway construction, which is anticipated to occur approximately January 2006, long before any building permits will be issued. Also, preparation of a striping plan showing a safe sight visibility triangle is required prior to approval on the Improvement plans, which will ensure that the project access will function safely. DISCUSSION: 1. Existing Site Characteristics The EI Dorado Ridge project site is located on the east side of Brandywine Ave. across from Mendocino Dr., north of Main Street in southeastern Chula Vista. The site is an 11.46 acre undeveloped site with native vegetation and slopes ranging uphill from Brandywine Avenue to the northeast, ranging from level lands adjacent to Brandywine Avenue to slopes of over 25% on the northeastern portion of the site. 2. Surrounding Land Uses The adopted and existing land uses on site and in the surrounding area include the following: 10-3 Page 4, Item: I D Meeting Date: 1/10/06 Location Site General Plan Designation Zoning Existing Land Use Residential- Low Resid. - Single Family Vacant Medium (R-l-IO-H -I du/IO,OOO s. f.) Residential - Low Planned Community Apartments Medium Research and Limited Limited Industrial Industrial Industrial (IL-P) Residential- Low Planned Community Single-Family Medium Residential Residential- Low Resid. - Single Family Condominiums Medium (R-I-5, I du/5,OOO s. f) North South East West 3. Background: The Project site was fonnerly owned by the Chula Vista Elementary School District, who has sold the property to the applicant. On 7/23/02, the applicant filed a Tentative Map application (PCS-03-01) to subdivide the property into 50 single family residential lots at a minimum lot size of 4,500 square feet, a rezone application (PCZ-03-01) to rezone the property from the existing RI-IO (H) zone to the RI-5 (P) zone, and a Precise Plan application (PCM-02-23), to allow more design flexibility. . This project has taken three years to process because: (I) The initial applications proposed a single family detached project design for property with steep-slope topography and native vegetation, which required preparation of biology, noise, traffic, and geo-technical studies; (2) These studies revealed significant site development constraints, such as sensitive plant species, which made single-family residential development practically infeasible; (3) The applicant decided to revise the project design from single-family detached homes to multi-family town homes, and subsequently filed new General Plan Amendment and Design Review applications, and amended their Tentative Map and Rezone applications accordingly; and (4) During the public review period for the Mitigated Negative Declaration, staff received comments from the California Department of Fish and Game and CalTrans that required additional research and response by staff and the applicant, prior to any fonnal public hearings by the City; and (5) the project was continued to January 2006 to accommodate the City General Plan Update Program Public Hearings. The applicant chose not to rely solely upon the Comprehensive General Plan Update, and filed a separate General Plan Amendment request. On November 30, 2005 the Planning Commission recommended approval of the applicant's General Plan Amendment request. On December 13, 2005, the City Council approved the City General Plan Update, which included an amendment of the Chula Vista General Plan for the project site from the Residential- Low Designation (3-6 10-4 Page 5, Item: /) Meeting Date: 1/10/06 dwelling units per acre) to the Residential- Medium Designation (6-11 dwelling units per acre). Although the Planning Commission recommended approval of the applicant's GP A, the City Council action on the General Plan Update rendered the applicant's GP A moot. Therefore, this item has been removed from City Council consideration. The Design Review application DRC-05-22 was approved by the Design Review Committee on 7/18/05, and action in reliance on the DRC approval is contingent upon approval of the Rezone, and -therefore building permits cannot be issued until the rezone takes effect. The Tentative Map resolution requires compliance with both Tentative Map and Design Review conditions of approval, included a condition of approval that ensures that if there are conflicts, the Tentative Map conditions shall prevail, except where they relate to design matters subj ect to the City Design Manual, such as landscaping, architecture, and wall and fence design. 4. Analysis A. Biology: A biological study was prepared for the project, which determined that sensitive biological resources exist on the property. The project will result in impacts to the Coastal California gnatcatcher, 1.1 acre of Maritime succulent scrub (MSS), a natural drainage of approximately 0.19 acre, and 17 percent of the Narrow Endemic species population, such as Otay Tarplant and Snake Cholla which are covered species under the City's MSCP Subarea Plan. The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary in an area designated as a "Development Area." Under the Subarea Plan, the proposed project is subject to the requirements under the Habitat Loss and Incidental Take (HUT) Ordinance. Based on the environmental analysis, staff has determined that the project has complied with the City's MSCP Subarea Plan and met the requirements of the HUT Ordinance. All biological impacts have been mitigated to below a level of significance. The applicant has signed an agreement to abide by the Mitigation Monitoring and Reporting Program (MMRP), which includes the mitigation measures for impacts to the biological resources found on-site. B. Rezoning Ordinance and Precise Plan standards Proposed Proiect: The City GPU program amended the General Plan designation for the project site from the Residential - Low Medium General Plan Designation (3-6 dwelling units per acni) to the Residential - Medium General Plan Designation (6-11 dwelling units per acre). Requested is a zoning re-classification from the R-l-lOH Single Family Residence Zone to the R-2-P - One and Two Family Residence Zone, with a Precise Plan Modifying District (see Attachment 3, Rezone Map). Staff suggested this zoning change as a method for implementing the Residential - Medium General Plan Designation with a project design that is more compatible with the physical setting and surroundings than a traditional single-family development. The Precise Plan Modifying District will be used to adopt amendments to the R-2 development standards to permit town home building 10-5 Page 6, Item: / ) Meeting Date: 1/10/06 . types, a 35 foot/3 story height limit, maximum floor areas approximating the proposed unit sizes, establishment of a guest parking standard, and a limitation of density to 9.1 dwelling units per acre. Compatibilitv with surrounding area: The site is on the fringe of a residential area designated Residential- Low Medium (3-6 du/acre) on the General Plan, and zoned PC (Planned Community), where the existing development pattern transitions from single-family to the east on top of the ridge, to multi-family on the north and west along Brandywine Ave., to light industrial on the south. Because of the grade separation between site and the single-family to the northeast, and the sites' more direct proximity to existing multi-family and industrial lands on the west and south, respectively, it is logical that the project site be developed with multi-family uses. Furthermore, the subdivision of the property into an 4.03 acre open space lot adjacent to the existing single family uses provides a buffer between the proposed multi-family units and the existing homes. The industrial site to the south is a light industrial complex whose tenants operate indoors with loading bays in the rear and parking in front. There is a large landscaped slope and a parking lot between the project and the industrial site. . Staff feels the proposed project will be compatible with the adjacent industrial site for the following reasons: I) The adjacent industrial complex contains light-industrial uses which operate indoors, except for the loading area; and 2) After construction, the proposed townhomes will be separated from the adjacent industrial building by approximately 220 feet, and separated by grades of approximately 70 feet, and 3) The project design will include a program of walls, fencing and landscaping to help buffer the project from the industrial site; and 4) The project's noise study did not identify noise from the industrial as a potential impact. If a noise complaint is filed, the CVMC contains enforceable noise regulations designed to address noise complaints. Conformance to City General Plan: With the adoption of the proposed General Plan Update, the rezone will be in conformance the City General Plan because it would allow development at a density of9.l dwelling units per acre, which is within the allowable residential density range of 6-11 dwelling units per acre. The project design is consistent with the clustering provisions of the Land Use Element, because the clustered design will preserve significant areas of steep slope and sensitive" plant habitat. Also, the project proposes an attached townhome development which will be consistent with the character intended for a Residential Medium area, and will be compatible with the development of the surrounding area, which transitions from single family to multi-family to industrial. Staff recommends adoption of the proposed rezoning ordinance and precise plan standards because the project configures the placement of the open space and residential uses on the site in a way that provides preservation of steep slope and biological open space areas. The rezone will not have a negative impact on the surrounding neighborhood because the proposed precise plan standards allow the applicant to design an attached townhome proj ect that is compatible with the surrounding development. 10-6 Page 7, Item: / J Meeting Date: 1110/06 C. Tentative Map: Proposed Pro; ect: The application also requests approval of a Tentative Map for a 2-lot condominium subdivision, including Parcell, a 4.03-acre open space lot supporting sensitive plant species and steep slopes, and Parcel 2, a 7.43-acre residential lot for a 104 attached town-homes, 34 guest parking spaces in open parking bays, and 9 common recreation areas. The proposed town-homes consist of 3 floor plans, clustered into buildings ranging in size from 3-plexes to 8-plexes. Maximum building height is 35 feet, 3 stories. The units range from a 2 or 3 bedroom, 1,791 sq. ft. Plan A, to a 4 bedroom, 2,270 sq. ft. Plan C, each with a 2-car garage (See Attachment 3, Tentative Map and Site Plan). Subdivision Design: Portions of the site which are not suitable for residential development due to presence of sensitive biological resources and steep slopes will be protected in a separate open space lot, while a residential lot will be created for the developable portion of the site, which will be graded and developed in a manner that conforms to all standards established by the City for a residential development. Pad elevations range from 262 feet for Building 19, on the eastside of the site, to 212 feet for Building I just north of the project entry. The pad and finished floor elevations will step downhill from east to west. To fit buildings 2, 18 and 19 to their pads, these buildings will utilize stepped foundations. The 4.03-acre open space parcel is specifically designed to preserve the narrow endemic sensitive plant species on site in compliance with the City's MSCP Sub-Area Plan. The open space parcel design also results in clustering the development on the lower portions of the site, which preserves the steep slope landforms and significantly reduces the grading necessary for the project. The 7.43-acre residential parcel size and design is a factor of the amount of open space required to preserve the steep slope and sensitive plant species. The parcel is curvilinear in shape and generally follows the toe of the existing natural slope. The developable area is very narrow on the northwest corner adjacent to Brandywine Ave. and widens to permit a loop street system supporting a majority of the units on the south side of the site. Retaining Walls: Due to site development constraints mentioned above, the applicant has proposed a system of tiered, split-face block retaining walls that surround the residential parcel, to create useable building pads. Retaining walls of variable heights will be located along the perimeter of the site. The retaining walls will be decorative, such as split-face block, and tiered to provide intermittent landscaped benches ranging from 3-10 feet in width to soften their views. 10-7 Page 8, Item: ,;; Meeting Date: 1/10/06 The retaining wall heights along Brandywine Street range from a 3-tiered, 26 ft high wall at the southwest corner of the site, to a 6- foot high, 2-tiered wall at the northwest corner. On the southern perimeter, the walls transition from grade level on the east side to a 2-tired, 25-foot high retaining walls at the southwestern comer of the site. Along the Open Space Preserve, the retaining walls with landscaped benches range from a single 2-foot high retaining wall at the eastern side of the site to a 2-tiered, 15 ft. high retaining wall with a landscaped bench. In this area the wall design will include a 6 ft. high firewall above the retaining wall, which also will incorporate a landscape bench and planting at the base. Proiect Access and Circulation The project fronts on Brandywine Ave, an 80 foot, 4-lane Class I Collector Road. A portion of the existing street with sub-standard width, located along the southerly proj ect frontage is required to be widened to 80 leet. There is one 52-ft. wide gated project entry on the west side of the site connecting to Brandywine Ave. The entry gate will be fitted with systems that will allow police patrol and fire vehicles to open the gate. Twenty-two to twenty four foot wide private streets provide primary vehicular access. The street system includes two dead-end streets with vehicular turn-arounds on the west side of the project, which staff is recommending to receive a waiver of private street standards from 24 feet to 22 feet in order to provide landscape area to buffer retaining walls and to provide planting areas along the private streets. There are 24-foot private streets in a loop system on the east side of the project. Access to public transit will be provided by an existing bus stop at intersection of Sequoia Street and Brandywine Ave. Pedestrian access will be provided via internal 4-foot wide pedestrian paths connected to the public sidewalk on Brandywine Ave. Fire Protection Plan: The project site is located in a high fire hazard zone, which per the California Fire Code requires preparation of a Fire Protection Plan. This plan has been prepared by Firewise 2000, Inc. and approved by the City Fire Marshall. The fire hazard is a result of existing vegetation within close proximity of the proposed units. The Fire Protection Plan includes fue rnitigation measures which have been included in the draft conditions of approval, such as: 1) a six-foot non- combustible fire wall separating the units from the open space, 2) emergency exterior fire sprinklers in the biological preserve area, 3) fire-resistant landscaping, 4) fuel modification zones in non-preserve open space areas, and 5) structural mitigation measures for the units, such as sprinklers, boxed eaves, covered vents, and building projections made from non-combustible materials. CONCLUSION: Based on the preceding information, staff fmds that the project meets the requirements for a Tentative Subdivision Map and Rezone, and recommends that the City Council adopt the resolution approving Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 1S-02-045, the Ordinance approving Rezone PCZ-03-01, and the Resolution approving 10-8 /) Page 9, Item: ~ Meeting Date: 1/10/06 Tentative Map pes 03-01; subject to the conditions listed In the attached Resolutions and Ordinance. FISCAL IMPACT: There are no fiscal impacts from the preparation of this report and the processing of the General Plan Amendment, Rezone, and Tentative Subdivision Map. All costs are covered by the deposit accounts. Attachments: 1. Locator Map 2. Figures a. Rezone Map b. Tentative Map c. Site Plan 3. Mitigated Negative Declaration 4. Ownership Disclosure Statement J :\Planning\Case Files\-06 (FY 05-06)\PCS\PCS-03-01 \PCS-03-Q 1 ~ Draft _ CC _Agenda _Statement.doc 10-9 A tr4' :I...IF.'!./I 1 ~~ r::J :;00 ~~ 'jj Ie ffiIJ- l '-" ~ []]]J OIJIJ ?rt 'j --D 'f ,~ \~ [j ~ ITIJID11 ~ [IJ]]]J ~- ;16- r ~~ ~ ~ r M ~ ~ j[jjjjjj[ /tI;j ~ ~1 f-- --I f- H ~ i\'l~ g g [ITIIIDIT .--1 Br )-J 1'1 f-- i---l-- f-- - ~ ~\-- )1ill[f ~ \/ ~I ~ & - ~I r- 3 :- nL- (j) ~"- I 2- %lliI JJ~ ~_ /Z.Y-Y -,r:= III ~IH r- 1 IillID ~ III1I11 ~ 7, _ - \J i--t- m-r= ~ / ~ EIIIIIIII \-)-- ~~ ~ Illlllll ~ ~-f W" -j-:f---"f-H :: ~ 1~./\ '( Imrrn I [1-1 -I r- I- '0~ '-.-11 ~~ J ~ I J, PROJECT lOCATION ') L --...' - .--1_ - ~ - f-- (OJ - InOfaro'n - i( '-- '-- - - (IJ i( I - I~ ~ "" - ~ ~ - '0 0 0 0 c => ~ - a => ro 'I. <( Main SI ~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT EI Dorado Subdivision PROJECT DESCRIPTION: ~ APPLICAN'r. REZONE I TENTATIVE MAP PROJECT Brandywine Avenue Request: Proposal for a tentative map 10 subdivide an 11.46 acre ADDRESS: sile inl0104 townhome condominium units and rezone from SCALE: FILE NUMBER: R-1-10H to R-2-P. NORTH No Scale PCS-03-01 Related cases: PCM-02-23, GPA-05-01, PCZ.Q3-01 , DRC.Q5-22, 15-02-16 J:\planning\carlos\locators\pcs0301.cdr 12.20.05 10-10 Attachment 2 - Figures: Rezone Tentative Map Site Plan 10-11 /1~-7a1i / fI) C E 0'- "C:S a.,CC o ..~ Q) !I.. ~__ D. .i ~ o CO tJ) J '/ .....,.--r>... ,r-LI ," \-1 ~ J ~ 1/, 1 ~ 1.::;=; -11 :- l~ LL-/ r A I LiJ--'~ ...l -L- \ 0 1]= ~ H ...l-L I --1 1---1-. \. ,r-- L..J.-..L := f a:t= _c-;: Crl~ .u r .1\ ~--LJ I I -'fl lLl ,.. .1 .1_ (J ~ '"(I] -L .rr ~ D.:IJ L::;? 'L LI J \. 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I I I L_______.__. ----- - i I I I -1 10-14 10-15 Attachment 3 Mitigated Negative Declaration Mitigated Negative Declaration PROJECT NAME: El Dorado Ridge PROJECT LOCATION: Eastern side of Brandywine Avenue across from Mendocino Drive, north of Main Street and south of Sequoia Street ASSESSOR'S PARCEL NO.: 644-010-27 PROJECT APPLICANT: The Phair Company and Development Contractor, Inc. CASE NO.: IS-02-045 July 8, 2005 DATE OF RESOURCE CONSER V ATION COMMISSION MEETING: DATE OF DRAFT DOCUMENT: August 1. 2005 DATE OF FINAL DOCUMENT: November 18, 2005 PREPARED BY: Josie S. Gabriel, Associate Planner A. Proiect Setting The proj ect site is approximately 11.46 acres and is located along the eastern side of Brandywine A venue across from Mendocino Drive, north of Main Street and south of Sequoia Street. The site is located in an urbanized area in the central eastern portion of the City of Chula Vista (See Exhibit A- Location Map). The site is a steeply graded area that slopes upward northeast from Brandywine Avenue. The project site is currently vacant and has not been previously disturbed. Land uses surrounding the project site consist of the following: North: South: East: West: Single Family Residential Development Light Industrial Multi-Family Residential Development Single Family Residential Development B. Proiect Descrivtion The proposed project includes the construction of 104 residential townhouse units on approximately 7.17 acres of an 11.46-acre site (See Exhibit B - Site Plan). The remaining 4.29 acres will be preserved as a natural open space lot. The applicant proposes to construct eighteen 2-story townhouses over a 2-vehicle garage. In addition, the project proposes to develop four recreation areas, a tot lot, and five mini gazebo parks within the project site. Access to the project site will be from Brandywine Avenue. A 6-foot high retaining wall is proposed along the northern portion of the development area in order to separate the northern portion of the site from the natural open space lot. A General Plan Amendment (GP A) and Rezone are proposed to modify the current General Plan land use designation from RLM (Residential Low-Medium) to RM (Residential Medium) and change the zoning designation from R-I-IO(H) Single-Family Residential 10,000 minimum lot size, Hillside to R-2(P) One- and Two-Family Residential, Precise Plan. The project will also require Design Review approval and approval of a Tentative Map. At this time, the City is in the process of a General Plan Update (GPU). As part of the GPU, the proposed General Plan contemplates changing the existing 10-11 6 land use designation of the El Dorado Ridge project site from RLM (Residential Low-Medium) to RM (Residential Medium) in order to increase the density for development and maintain consistency with the surrounding residential development to the north, east, and west of the project site. In the event the GPU is adopted by the City Council prior to, or concurrent with the review and approval of this project, implementation of a GP A will no longer be required. In order to identify potential land use impacts associated with development under the adopted General Plan or the proposed GPU, two separate analyses are included in Section IX - Land Use and Planning of the Initial Study Checklist to analyze the project with and without the GP A. C. Compliance with Zoning and Plans General Plan The proposed project includes a General Plan Amendment (GP A) to modify the current General Plan land use designation from RLM (Residential Low-Medium) to RM (Residential Medium). At this time, the City is currently in the process of a General Plan Update (GPU). As part of the GPU, the proposed General Plan contemplates changing the existing land use designation of the El Dorado Ridge project site from RLM (Residential Low-Medium) to RM (Residential Medium) in order to increase the density for development and to maintain consistency with the adjacent residential. development. In the event the GPU as currently proposed is adopted by the City Council prior to the approval of this project, approval of a GP A will no longer be required. In order to identify potential land use impacts associated with the proposed development with GP A and without the GP A, two separate analyses have been provided below. Zoning The project site is within the R-l-IOH (Single Family Residential \0,000 minimum lot size, Hillside) Zone. The proposal includes the rezoning of the site from R-l-l O(H) to R-2(P) One- and Two-Family Residential, Precise Plan, allowing for the development of single-family dwellings, duplexes, attached single-family units, dwelling groups, accessory uses/buildings typically appurtenant to residential uses, and agricultural uses. The intent of the R-Z zoning designation is to deSignat''- areas for the lowest density multi-family dwelling units, such as duplexes, which retain the fundamental characteristics of a single-family unit, such as a private backyard. . The purpose of assigning the Precise Plan modifying district (P) is to allow diversity of land uses, density, buildings, structures, landscaping and open spaces, as well as design review of architecture and signs through the adoption of specific conditions of approval for development of property in the city. Within the boundaries of the P district, the location, height, size and setbacks of buildings or structures, open spaces, signs and densities indicated on the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone. Pursuant to Section 19.56.040 of the Chula Vista Municipal Code (CVMC), a "P" designation may be applied when one or more circumstances identified under the code have been met. Due to the physical characteristics of the project site and the surrounding residential uses, the proposed project qualifies for a P-Modifying District under the following circumstances: . Property is unique in terms of its physical characteristics, configuration, circulation, social or historic characteristics requiring special design; . Property is adjacent and contiguous to a zone allowing different uses, and the precise plan would allow a more compatible design; and . The underlying zoning does not allow adequate control or flexibility to design a project, which is compatible with the uses in adjacent zones. 10-17 Jvfultiple Species Conservation Program (MSC?) Subarea Plan The Multiple Species Conservation Program (MSCP) Subarea Plan was prepared by the City of Chula Vista in coordination with the Federal and State Regulatory agencies in order to implement the MSCP Subregional Plan within the City of Chula Vista. The City Council adopted the MSCP Subarea Plan on May 13, 2003. Subsequently, the Wildlife Agencies issued the City a Take Permit and signed the Implementing Agreement granting the City Take Authorization on January 11,2005. The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary in an area designated as a "Development Area." Therefore, the project is subject to the requirements of the Habitat Loss Incidental Take (HUT) Ordinance. D. Public Comments On February 22, 2005, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the project site. The public comment period ended on March 3, 2005. Staff received two verbal comments regarding existing views and hazardous waste. These issues have been addressed in the attached Initial Study Checklist. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (inc1uding an attached Environmental Checklist form) determined that the proposed project would not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State California Environmental Quality Act (CEQA) Guidelines. Air Qualitv The project site is located within the San Diego Air Basin (SDAB). The propos~ proj~ct will result in an increase in air pollutants during both the construction and operational phases of the project. In order to reduce air pollutants associated with the operational phases of the development, the applicant will be required to prepare and implement an Air Quality Improvement Plan (AQIP) pursuant to City's Growth Management Ordinance and Growth Management Program. The purpose of the AQIP is to provide for air quality improvements and energy conservation through improved project design and construction of structures that exceed mandated energy code requirements. By implementing the AQIP, the project will inc1ude design features that will reduce the increase of air pollutants associated with on-going operational phases of development. Therefore, no mitigation will be required during the operational phases of the project. During the construction phase of development, fugitive dust would be created during grading and construction activities. Although air quality impacts resulting ITom construction-related operations are potentially significant, they are considered short-term in duration since construction-related activities are a relatively short-term activity. In order to mitigate impacts associated with short-term construction related operations, dust control measures wi]] be indicated as grading notes on the grading plans and implemented during grading operations in accordance with the rules and regulations of the County of San Diego Air Pollution Control District (APCD) and the California Air Resources Board. The mitigation measures contained in Section F below would mitigate short-term construction-related air quality impacts to below a level of significance. 1 O-~ 8 Biological Resources RECON prepared a Biological Technical Report (dated Febmary 2003) which analyzed potential impacts associated with the development of 47 single family dwelling units on the entire 11.46-acre project site. As a result of the biological impacts identified in the RECON report, the proposed project was redesigned in order to reduce impacts to sensitive species found on site. The applicant now proposes to develop 104 townhouse units on approximately 7.17 acres and preserve approximately 4 acres as an open space area. In order to identify potential biological resource impacts associated with the redesigned proposed project, an updated biological report was prepared by Vincent Scheidt (Impact Analysis and Mitigation Requirements, dated May 2005). As indicated in the updated biological report, the project site currently supports approximately 5.4 acres of Maritime succulent scmb (MSS), 5.9 acres of ruder"l 'legett<tiondisturbed land, a natural drainage of approximately 0.19 acre, and the remaining portion of the site along the southern edge ofthe property is developed land (see Exhibit C - Biological Resources Map). In addition, the site contains Otay tarplant and Snake cholla, both Narrow Endemic species covered by the City's MSCP Subarea Plan. The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary in an area designated as a "Development Area." Under the Subarea Plan, the proposed project is subject to the requirements under the Habitat Loss Incidental Take (HUT) Ordinance. In accordance with the HLIT Ordinance, those projects that are greater than one acre, contain sensitive biological resources, and are located outside of the "Covered Projects," must demonstrate compliance with the Ordinance and obtain Take Authority from the City of Chula Vista for impacts to Covered Species. The following is a summary of the [mdings contained in the updated biological report as required by the HUT Ordinance. Sensitive Plant Species The proposed project currently supports approximately 5.4 acres of Maritime succulent scrub (MSS). Maritime succulent scrub is a low-growing, open vegetation community dominated by common plant species such as encelia (Encelia): California sagebrush (Artemisia califolllica),. and jojoba (Simmondsia chinensis). The MSS is considered a sensitive vegetation community under the Chula Vista MSCP Subarea Plan and is designated as a Tier 1 or rare upland community. The updated biological analysis concluded that the proposed project would directly impact 1.1 acres of MSS contained on the project site. The remaining 4.3 acres of MSS will be preserved within the proposed open space area; however, indirect impacts to the remaining MSS will result from edge effects such as, noise, lighting, runoff, domestic pets, landscaping, and potential dumping. Both direct and indirect impacts to the MSS vegetation are considered significant and will require mitigation as identified in Section F below to be implemented. The biological report identified two sensitive plant species on the project site, the Coast barrel cactus (Ferocactus viridescens) and the San Diego County Viguiera (Viguiera laciniata). The Coast barrel cactus is a low-growing, small barrel cactus species that grows in association with coastal sage scrub, chaparral, and grasslands within the City of Chula Vista. This species is a Covered Species under the Chula Vista MSCP Subarea Plan. Approximately 31 barrel cacti were seen on the south-facing slope of the project site entirely within the proposed open space area. Development of the proposed project will not result in impacts to this plant species; therefore, no mitigation is required for this species. Several dozen of the San Diego County Viguiera was also identified on the project site. This species is listed on List 2 of the California Native Plan Society's Inventory of Rare and Endangered Plants of California (CNPS 2001), which is considered endangered in California but more common elsewhere. Under the City of Chula Vista MSCP Subarea Plan, this plant species is not designated as a covered species. The San Diego County viguiera was observed in the MSS along the south-facing slope of the 10-'19 project site within the proposed open space area_ The proposed development will not impact this plant species; therefore no mitigation is required_ The updated biological report also identified two Narrow Endemic Species on the project site. The Otay tarplant (Hemizonia conjugens) and the Snake cholla (Opuntia calif arnica = 0 serpentina). Narrow endemic species are sensitive plant species Jimited to habitat conditions specific to southwestern San Diego County. Under the City's MSCP Subarea Plan, impacts to Narrow Endemic Species will be avoided to the ma.ximum extent practicable. Where impacts are unavoidable, impacts must be limited to 20 percent of the total Narrow Endemic Species population within the Project Area. When Narrow Endemic Species are identified, Findings of Equivalency, as defined in Section 5.2.3.6 of the Subarea Plan, must be prepared in order to demonstrate the project design has met the requirements of the Subarea Plan prior to issuance of Take Authorization of covered Narrow Endemic Species. A Spring rare plant survey for the Otay tarplant and Snake Cholla was conducted in April and May of 2003 by the project biologists, Vincent Scheidt and Shannon Allen. The survey results concluded that the site contains 0.22 acre of Snake cholla and 1.98 acres of Otay tarplant, fBr a tBtal sf 1.2 aeees ef Narrow Eflaemic Speeies eJtistiRg OR site. The report determined that 0.04 acre (20 uercent) of the Snake Cholla population and 0.34 acre (19.65 percent) of the Otay tarplant population would be directly impacted by the proposed development. ill tetal, tile pre-j eet wOH1cl impact G.3 S acre (17 perecRt) "fthe Narrow ERaemie Spesies popellatieR withiR the peojeet area, which is WT<ieT--within the 20 percent allowed under the City's MSCP Subarea Plan. By redesigning the proposed project and clustering development of the townhomes, impacts to Otay tarplant and Snake Cholla have been significantly reduced. In order to determine if excessive rainfall during 2003 to 2005 has affected the Otav tarolant population on the uroiect site. the Ufoiect biologist revisited the site b,tw_eerr-,:\\lg_ust and "[eptember 2005 to obtain a current species count and approximate acreage for Otav tarolant. Based on the updated 2005 survev data. it has been determined that approximatelv 2.824.581 specimens (1.869 acre) of Otav tarolant currentlvexist on site. Approximatelv 563.503 specimens (0.373 acres) or J 9. 95..nerc"Dt_9LU]!C.Q!QyJaIQjantQ.QjJ,llJaii.Q]1 will be directlv impacted bv the prouoseifdeve!oument. Anticipated impacts to Olav Tarp1an! rcmain below tile 20 Dercent allowed under the City's MSCP Subarea Plan. Based on the Findings of Equivalency included in the updated biological report, the appJicant demonstrated compliance with the Subarea Plan by modifying the project design in order to minimize inlpacts to the Otay tarplant and Snake Cholla. In addition, the project design preserves approximately ~~ercent of the Narrow ERdemie SpeeiesSnake cholla and 80.35 percent of the Otav tarolant within the open space area, which will remain undeveloped. Although this project design has demonstrated to be the most environmentally sensitive design, inlpacts to the G.3S acre of Narrow Endemic Species is considered significant The mitigation proposed in Section F of this Mitigated Negative Declaration must be implemented in order for impacts to be reduced to below a level of significance. Sensitive Wildlife Species Common wildlife species ofMSS were identified on the project site including Anna's hummingbird (Calypte anna), house finch (Carpodacus mexicanus frontalis), brush rabbit (Sylvilagus bachmani), and Virginia opposum (Dedelphis virginiana). At the time RECON conducted their surveys of the , project site, RECON noted the potential occurrence of the Quino checkerspot butterfly (Euphydryas editha quino) on the project site based on 2002 protocol survey information provided by the United States Fish and Wildlife Services (USFWS). The Quino checkerspot butterfly is a federally listed endangered species covered under the City's MSCP Subarea Plan. AQuino Checkerspot Butterfly 10-20 Flight Season Survey was conducted in February and March of 2003 pursuant to United States Fish and Wildlife Services (USFWS) protocol by the project biologists, Vincent Scheidt and Shannon Allen. The surveys determined that no Quino checkerspot butterflies were present on the site; therefore, development of the site would not result in impacts to this species. RECON observed the presence of the Coastal California gnatcatcher (Polioptila calif arnica calif arnica) . The Coastal California gnatcatcher is listed as a federally threatened species, a California Department of Fish and Game (CDFG) species of special concern, and is a Covered Species under the City's MSCP Subarea Plan. A protocol survey for this species was conducted in March and April 2005. The survey identified a single pair with three fledglings (a total of five specimens), nesting, fledging, and foraging throughout the MSS habitat. The location of the nest is noted on Exhibit C. The updated biological report concluded that site development would result in measurable impacts to the gnatcatcher as a result of habitat removal. In addition, the proposed project would indirectly impact the gnatcatcher as a result of edge effects to the species. Impacts to the gnatcatchet are considered significant and require the implementation of mitigation measures identified below in Section F. By implementing the proposed mitigation, impacts to this species will be reduced to a level below significance. Wetland Resources . An ephemeral drainage feature currently bisects the MSS on the project site. The updated biological report confirms that this feature qualifies as a "waters of the United States" and "waters of the state" as defined by the California Regional Water Quality Control Board (RWQCB), CDFG, and the United States Army Corps of Engineers (USACOE). A Wetland Delineation was conducted on April 25, 2005 by the project biologist Vincent Scheidt, pursuant to the USACOE Wetlands Delineation Manual (Environmental Laboratory 1987). This feature is mostly unvegetated although patches of willows (Salix), mule fat (Baccharis glutinosa), and other wetland species are found along the length of the drainage in a broken distribution. The wetland delineation concluded that 0.17 acre classified as State wetlands and 0.02 acre as Federal. wetlands. This includes both the vegetated and unvegetated wetland portions of the drainage. Impacts to this wetland feature ate alsQ regulated by the MSCP Subarea Plan under the Wetland Protection Program (WPP). In accordance with the WPP, development projects which contain wetlands are required to demonstrate that impacts to wetlanas have been avoided to the greatest extent practicable. For unavoidable impacts to wetlands, the wetlands mitigation ratios identified in Table 5-6 of the MSCP Subarea Plan must be applied. The proposed project will result in impacts to 0.19 acre of the ephemeral drainage. Impacts to this wetland resource are considered significant and require mitigation to reduce impacts to below a level of significance. In addition, these impacts will require Federal and State regulated permitting. Please refer to Section F below for proposed wetland mitigation measures. Implementation of the mitigation measures identified below will reduce impapts to below a level of significance. Impacts Associated with Brush Management Activities The project proposes to implement a Fire Protection Plan (FPP) intended to protect structures from fire hazards while avoiding and/or minimizing impacts to sensitive biological resources identified on site. Due to the sensitivity of the MSS, Otay tarplant, and Snake Cholla identified within the open space area, brush management activities were required to be minimized. In compliance with the City's MSCP Subarea Plan, for those areas, which contain MSS, selective weeding may be conducted by hand provided a City approved biologist is present during any fuel treatment activities. In compliance with Section 7.4.4 ol.the City's MSCP Subarea Plan, for areas supporting Otay Tarplant and Snake Cholla, brush management activities are prohibited unless the Chula Vista Fire Marshal deems it necessary under emergency circumstances to ensure public safety from potential fire hazards. As \Jronosed. the proiect "ill not result in additional permanent impacts that will exceed the 2 IU?-,.!:.(&UJ.Jll resL1!21(LiLUo-",-ei'-.(D.l dCI:J.bs.. G.it)~?J-:lSQ'.SLL\?gl'e;}.!: laTL..JI'-~_.!)!J)n-'!e-,.~Lmoci.~_,~~' (,t 10-21 E(~>";l !-!:t" i:!-1--'-;1.;d-~h!:h~!:;~!.i- -J:':i:\XHl1!-+:l~'tt_.i+"!"nil.t;i:b::J:llitt-=\~tH"'::~'i.~~~~~t.4.b~~':~~+..t~!;;;t'!:~:\::!:.f:;:t.:~:~hci~t~8.:t~":!t~l-q!:'!~gt--t~~ bry:'":0,+'~C:!L",,j,ijt:ti;-~lllnH" 111. that .';ont. \nc.lsR maFla:;emeflt .,;ill be allov:ed aHa a E[ualified bielo,;ist must be pr.seFlt auring eIearing to prevffit sigBifiEant impaEts to these r.YO Narro?.. EnaerniE spesies. Also identified in the FPP are -Ijrrigated manufactured slopes, which are included at portions between the open space area and the development. The Chula Vista Fire Marshal has approved the FPP and determined that the plan adequately protects and ensures public safety. Impacts associated with the brush management activities were quantified as part of the biological impact analysis. These impacts are considered significant and will be mitigated as indicated in Section F of this Mitigated Negative Declaration. Geology and Soils A Preliminary Geotechnical Investigation was conducted by Christian Wheeler Engineering (dated January 25, 2002) for the proposed project site. At the time the investigation was conducted, the applicant proposed the development of 47 single-family residential units on approximately 11.46 acres. The applicant has since modified the project design and had Construction Testing & Engineering, Inc. (CTE) prepare an updated geological report (dated August 11, 2004). The updated geological report concluded that the site is suitable for the proposed residential development. The geological report further noted that project compliance with applicable Uniform Building Code standards would adequately address any building safety concerns. In addition, the geological report identified a trace of the La Nacion Fault traversing through the western portion of the project site. No evidence of active faulting (Holocene movement) was observed during the subsurface investigation; however, in order to reduce impacts associated with potential active faulting and ensure stability beneath all structures, the mitigation proposed under Section F of this Mitigation Negative Declaration must be incorporated in the project design. Construction activities could result in potential siltation downstream. The applicant has prepared a Storm Water Management Plan (SWMP) has been prepared and will be implemented in compliance with the provisions of the California Regional Water Quality Control Board, San Diego Region Order No. 2001-01. The implementation of water quality best management practices !!!MPs) identified in the SWMP during construction will be required in accordance with NPDES Order No. 2001-01. All portions of the development area disturbed during construction would either be developed or appropriately landscaped in compliance with the Chula Vista Municipal Code, Sections 19.36.090 and 19.36.110. The applicant will be implement all measures identified in the SWMP to the satisfaction of the City's Engineering Department, and compliance with these measures will be monitored by the City. Therefore, the potential for the discharge of silt into the drainage system would be less than significant. The project geotechnical report dated January 25,2002 provides detailed measures to be implemented prior to and during construction including site preparation, observation of grading, processing of fill areas, and compaction and method of filling. By incorporating the recommendations of the geotechnical report into the final project plans, impacts to geology/soils would be reduced to level below significance. No additional mitigation measures are required. Hvdrology and Water Oualitv A drainage study was prepared by CDS Civil Engineers (dated December 13,2004), which describes the pre- and post-development drainage conditions. As discussed in the drainage study, the site has three drain areas with the primary drainage course flowing to Brandywine Avenue. The remaining drainages currently direct runoff to the neighboring properties to the northeast and the south of the project site. An existing 42-inch public drainage system is located beneath Brandywine Avenue. The proposed project will require the installation of storm drain facilities, as well as a detention basin. By installing the detention basin and tbe necessary storm drainages identified on the proposed site plan, 10-22 the development of the proposed project will not increase the flow beyond existing conditions or necessitate an increase in capacity of the existing storm water system. These properly designed drainage facihties will be installed at the time of site development to the satisfaction of the City Engineer. No significant impacts to the City's storm drainage system are anticipated to result from the proposed development. Due to the size and existing condition of the project site, the BMPs identified in the SWMP will be incorporated into the design of the project to reduce impacts to water quality. Such measures shall be designed to minimize discharge of pollutants into the storm drainage system. Preliminary BMPs include storm drain inlet protection system, source control, protection of stockpiles, protection of slopes, protection of all disturbed areas, protection of access, and perimeter containment measures including landscaped treatments throughout the project site. Construction and post-construction water quality BMPs will be incorporated into the final grading plans. In addition, a Water Quahty Technical Report and Storm Water Pollution Prevention Plan (SWPPP) will be required at the time the grading plan is submitted for review and approval by the City. Based upon the proposed conceptual BMPs, conditions of the SWMP that include compliance with the NPDES Permit requirements, and implementation of standard engineering requirements, water quality impacts would be reduced to below a level of significance. Land Use and Planning General Plan Proposed Project with General Plan Amendment (GP A) The project site is currently designated as Residential Low-Medium (RLM) under the adopted General Plan. This designation allows for the development of single-family detached dwelling units on medium size lots as typically found in areas west of Interstate 805 in the City of Chula Vista. Under the proposed GP A, the General Plan designation would be changed to Residential Medium (RM). This designation allows for small single-family, detached units on smalkr lots, or attached units, such as duplexes or townhouses. The density for this designation is limited to 6 to 11 dwelling units per gross acre. By implementing the proposed GP A, the project proposes to develop 104 townhouse units at 9.1 dwelling units per acre, which is consistent with the RM designation. In addition, by modifying the project design from single-family to attached multi-family units, the project will be consistent with the existing land uses to the north, west, and east of the property. In compliance with the existing General Plan, the project design proposes clustering of development in order to preserve the natural physical features of the site and to protect sensitive biological resources identified on the project site. Under Section 6.3 of the existing General Plan, Clustering of Residential Development can be applied as follows: . Clustering is permitted if it accomplishes preservation of the natural landform, aggregation of open space, and enhancement of land use compatibihty, i.e. it results in a project, which blends with the character of the surrounding neighborhood. In addition, the number of units permitted within the project shall not increase through clustering. . The resulting clustered project must be consistent with requirements of the General Plan designation, including density and unit type. The project proposes the clustering of residential townhouse units on 7.17 acres of an 11.46-acre site. Approximately 4 acres of open space area will remain. The applicant proposes to develop townhouses at a density of 9.1 dwelling units per acre, which is consistent with the clustering provisions of the General Plan and the density and character of the RM designation. By clustering the development, the project design reduces impacts sensitive biological resources found on the project 10-~3 site and preserves some of the site natural topography. With the proposed GP A, the project will not result in significant land use and planning impacts, and, therefore, no mi!lgation is required. Proposed Project Without GPA In the event the General Plan Update (GPU) as proposed were to be adopted prior to the approval of this proposed proj ect, a GP A would no longer be required. As part of the GPU, the proposed General Plan changes the existing land use designation of the EI Dorado Ridge project site from RLM (Residential Low-Medium) to RM (Residential Medium). The GPU also includes provisions for clustering development as adopted in the existing General Plan. If the proposed GPU were to be adopted, the project would be consistent with the allowed land use and the clustering of development. In addition, the proposed project would be consistent with the density permitted under this GPU RM designation, which is 6 to 11 dwelling units per acre. If the GPU is adopted prior to consideration of the project, the project will be consistent with the General Plan Update and there are no impacts to land use and planning; therefore, no mitigation is required Zoning The proposal includes a change in the existing rezoning designation from R-l-lO(H) to R-2(P) One- and Two-Family Residential, Precise Plan. In the event the City's proposed GPU is adopted prior to the approval of this proposed project, a rezone would still be required. Under the proposed R-2(P) designation, development may include single-family dwelling, duplexes, attached single-family units, dwelling groups, accessory useslbuildings to be utilized by the residents, and agricultural uses. The intent of R-2 zoning designation is to designate areas for the lowest density multi-family dwelling units, such as duplexes, which retain the fundamental characteristics of a single-family unit, such as a private backyard. In addition, R-2 zoning allows for an increase in the development density consistent with the General Plan designation. The purpose of assigning the Precise Plan modifying district (P) is to allow diversity of land uses, density, buildings, structures, landscaping and open spaces through the~dopti()n of specific conditions of approval for development of property in the city. Within the boundaries of the P district, specifications indicated in the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone. The R-2(P) designation required the applicant to establish a specific use for the site, density, building design, specify building height requirements, and provide building setbacks more appropriate for a townhome project. In addition, the applicant identified other requirements pursuant to Section 19.56.042 of the CYMe. By changing the current zoning designation to R-2(P), the applicant has made the proposed project consistent with the proposed General Plan designation of Residential Medium (RM). Noise Eilar Associates prepared an Acoustical Analysis Report for the proposed project (dated February 28, 2005). Currently, the surrounding land uses consist ofresidential development to the east, west, and north and light industrial to the south. Eilar Associates did not note any excessive noise being generated by these existing land uses. The report concluded vehicle traffic along Brandywine Avenue as the most significant source of noise generated adjacent to the project site. The following is a summary the findings found in the acoustical analysis. Temporary Construction Noise Construction activities have the potential to cause short-term noise impacts to noise-sensitive uses 10-'24 adjacent to the project site (i.e., single family residences). Noise produced by construction equipment varies substantially depending upon the type of equipment being used and its operation and maintenance. Noise impacts associated with construction activities typically occurs in several distinct phases, each with its own noise characteristics, including demolition, site preparation, and construction. . Pursuant to Section 17.24.050(J) of the Chula Vista Municipal Code, construction work in residential zones that generates noise disturbing to persons residing or working in the vicinity is not permitted between 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturday and Sunday, except when necessary for emergency repairs required for the health and safety of any member of the community. Due to the presence of residential development adjacent and surrounding areas of the project site, this provision of the Municipal Code applies to the project, which would ensure that residents would not be disturbed by construction noise during the most noise sensitive periods ofthe day. , O..l~5 Existing Noise L""els On-Site In order to determine the existing noise levels adjacent to the project site, a Larson Davis System 820 Integrating Sound Level Meter was used to measure the noise levels on July 9, 2002 approximately 30-feet ITom the western property line, facing Brandywine A venue. The nOIse measurement was taken ITom this location on-site because it was considered to be the most noise-sensitive location. The current on-site noise level measured at 60.6 decibels adjusted for average conditions and at an equivalent noise level [dBA (L,q)]. Future Noise Levels Future roadway noise calculations were generated in order to calculate the future daytime average hourly noise level at various locations on the project site. Future noise levels were calculated to range ITom approximately 64 CNEL at the western property line (along Brandywine Avenue) to approximately 48 CNEL at the eastern property line. The noise report concluded that the overall anticipated noise levels would not exceed the City's standard limits (65 CNEL) for exterior noise. In addition, Eilar Associates further concluded that no sound attenuation barrier mitigation would be necessary to meet the City's 65 CNEL outdoor land-use noise requirement. Due to increase in future noise levels, structures located at the western property line ITonting Brandywine A venue will be exposed to interior noise levels which may exceed the City of Chula Vista and State of California 45 CNEL limit for interior habitable residential space. At the time Eilar Associated conducted their analysis, they could not analyze exterior-to-interior sound attenuations because detailed building plans were not available. The potential exposure to excessive interior noise associated with increased traffic noise levels is considered a significant impact; however the proposed mitigation identified under Section F of this Mitigated Negative Declaration will reduce the impacts to a level below significance. Transportation/Traffic A Traffic Study was prepared by Federhart & Associates (dated February 4, 2005) in order to identify potential traffic impacts associated with the development of the proposed proj ect. The proposed development is projected to generate 832 average daily trips (ADTs), with 13 inbound/53 outbound during AM peak hour and 58 inbound/25 outbound during PM peak hour. The nearby intersections of Brandywine Avenue/Main Street and Brandywine Avenue/Olympic Parkway currently operate at an acceptable levels of service (LOS) C. Brandywine Avenue is classified as a Class I Collector and has a design capacity to accommodate approximately 22,000 average daily trips (ADTs). According to the traffic study, approximately 6,800 ADTs are currently generated along Brandywine Avenue, which also operates at LOS C. Federhart & Associates concluded that the projected 832 ADTs from the proposed project would not significantly increase the ADT generated along Brandywine Avenue, nor would it create a significant delay at the intersections of Brandywine A venue/Main Street and Brandywine Avenue/Olympic Parkway. With the development of the proposed project, the cumulative ADTs generated along Brandywine Avenue are estimated to be approximately 7,300 ADTs. Since Brandywine Avenue is designed to accommodate 22,000 average daily trips, development of the proposed project would not significantly increase the traffic to Brandywine A venue and Brandywine Avenue will continue to operate at a LOS C. Therefore, the project will not result in a significant increase to cumulative traffic or delay at the intersections of Brandywine Avenue/Main Street and Brandywine Avenue/Olympic Parkway. Access to and from the EI Dorado Ridge project will be provided along Brandywine Avenue. The proposed site plan shows the entrance/exit driveway to be 52-feet wide with a narrow median in the 10-2~ center dividing incoming and outgoing traffic. Potential safety and queuing impacts may occur at the project driveway if improvements are not made to the access point along Brandywine Avenue. Access impacts are mitigated with implementation of the proposed mitigation measures identified in Section F below. Parking Based on the Chula Vista Municipal Code parking ratio requirement for multi-family dwel1ing units of 2 parking spaces per each residential unit, the required parking for the proposal is 208 spaces. The proposed project is the development of 104 multi-family residential units (3-story), which includes a 2-vehicle garage for each resident. In total, the project wil1 provide 208 spaces and an additional 32 parking spaces located on-site for guest parking. Therefore, no significant parking impacts wil1 result from the proposed proj ect. F. Mitigation Necessary to Avoid Significant Impacts Air QualitY The fol1owing air quality mitigation requirements shal1 be shown on al1 applicable grading, and building plans as details, notes, or as otherwise appropriate, and shal1 not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator. I. During construction, dirt and debris shal1 be washed down or swept up as soon as practicable to reduce the resuspension of particulate matter caused by vehicle movement over such material. Approach routes to the construction area shal1 be cleaned daily of construction-related dirt and debris. . 2. In accordance with California Vehicle Code Section 23114, vehicles transporting loads of aggregate materials must cover/tarp the material, or if not covered, the material must be no nearer than six inches from the upper edge of the container area where the materia}-contacts the sides, front, and back of the cargo container area, and the load shal1 not extend, at its peak, above any part of the upper edge of the cargo container area. This measure shal1 also apply to the transport of any materials associated with demolition, grading, or building activities that can potential1y become airborne. 3. Construction equipment shal1 be maintained in proper working order and shall be periodically tuned in order to minimize air pol1utant emissions; use of low pol1utant-emitting construction equipment, including electrical-powered equipment, shall be used as practical. 4. Soil disturbance and travel on unpaved surfaces shall be suspended when wind speeds exceed 25 miles per hour. . 5. All unpaved construction areas shal1 be sprinkled with water or other acceptable dust control agents during dust-generating activities as necessary to minimize dust emissions to the maximum extent practicable. Additional watering or dust control agents shal1 be applied during dry weather or on windy days until dust emissions are not visible. 6. The Developer shal1 implement the final AQIP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Air Quality Improvement Plan (AQIP). 10127 7. In addition, the following air quality mitigation requirements shall also be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator: Minimize simultaneous operation of multiple construction equipment units. Use low pollutant-emitting construction equipment. Use electrical construction equipment as practical. . Use catalytic reduction for gasoline-powered equipment. . Use injection-timing retard for diesel-powered equipment. . Water the construction area twice daily to minimize fugitive dust. . Stabilize graded areas as quickly as possible to minimize fugitive dust. Pave permanent roads as quickly as possible to minimize dust. Use electricity from power poles instead of temporary generators during building, if available. Apply stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. . Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. . Remove any visible track-out into traveled public streets within 30 minutes of occurrence. . Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. . Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. Biological Resources 8. Prior to issuance of a grading pennit, the applicant shall mitigate impacts to MSS pursuant to Section 5.2.2 of the City's MSCP Subarea Plan. In compliance with the City's Subarea Plan, the applicant shall secure 5.4 acre-credits of MSS habitat in a City-approvedffiitig~tion Bank or other approved location offering such credits. This assumes that the mitigation credits will be provided within the City's Preserve system. A 2:1 mitigation ratio shall apply if mitigation is secured outside of the Preserve but in another City-approved location. 9. Prior to issuance of a grading pennit, the applicant shall obtain a Habitat Loss Incidental Take (HUT) Pennit from the City of Chula Vista for impacts to MSS, Otay tarplant, Snake Cholla, and the Coast California gnatcatcher in accordance with Section 17.35 of the CYMC. 10. Prior to issuance of a grading pennit, the applicant shall obtain appropriate permits from the Resource Agencies (i.e., USACOE, CDFG, and RWQCB) for impacts to jurisdictional wetland resources. SeetieR 5.2.1 of tbe City's S>lBarea PlaR proyises mitigatioH ratios f{)f >lRav8isable impaets to v:etlaass (Table 5 6, page 5 18). IR eompliaAee witll tl:e City's WetlaAa Protection Program, mitigatioR meaSHres prep8sea by the Peacral or State ageRey ffiUGt be eEt::i-:altmt or greater thaa t-hose impesea by tbe City. In addition. prior to issuance of a grading permit. the apolicant shall be required to oravide verification of De I'm it aooroval to the City's Environmental Review Coordinator. II. For impacts to iurisdictiona] wetlands. the applicant wil] be required to mitigate these impacts at a 3: I ratio in conformance with the Citv's MSCP Wetland Protection Requirements. Prior to issuance of a grading permit. the applicant shall purchase 0.51 acre of wetland mitigation credits within a mitigation bank aoproved bv the City. In addition. orior to issuance of grading permit. the apolicant shal1 he required to orovide verification of ourchase to the City's Environmental Review Coordinator. 10J28 +\-'12. Prior to issuance of a grading permit, the applicant shall prepare a Wetland Mitigation Plan to the satisfaction of the Environmental Review Coordinator to mitigate impacts to wetland resources. The Plan must include, but not be limited to, an implementation plan, maintenance and monitoring program, estimated completion time, success criteria, and any relevant contingency measures. In addition. the applicant shall be required to implement the Wetland Mitigation Plan subiect to the oversight and approval of the Environmental Review Coordinator. -hh13. Prior to lmtJatmg any construction-related activities (including removal of vegetation)f,'radiRg aetiyities, pre-construction nesting surveys shall be conducted to determine whether there are active avian nests which may be a!Tected by construction-related activitiesef-aJt areas ',y;lloin 30G feet of "1'1)' leao'.\T! Calif-emia gflateateher ar BostiB'; rajJtar 16e"tioB v;ill Be re'lHirea. The results of the survey will be provided in a report to the Environmental Review Coordinator for approval. If an occupied raptor or California gnatcatcher nest is identified during pre-construction surveys, noise reduction measures shall be incorporated into the construction plans and. submitted to the Environmental Review Coordinator for review and approval. Site brushing, grading, and/or the removal of vegetation within 300 feet of any known California gnatcatcher or raptor nesting location shall not be permitted during the spring/summer breeding season, defined as from February 15 to August 15 for the California gnatcatcher or January 15 to July 31 for nesting raptors. ~ 14. Prior to issuance of a grading permit, a qualified biological shall prepare a Salvage and Translocation Plan and submitted to the City for review and approval. The intent of this salvage shall be to revegetate and restore disturbed areas that will be placed into open space. The Salvage and Translocation Plan shall specify the soils, seeds, and specific plant materials to be salvaged, identify the details of salvage, and specify location within revegetation areas and time frames for use of materials, as appropriate. Soil salvaging and translocation shall include all impacted specimens of Otay Tarplant, Snake Cholla, and all other stern succulents present onsite at a 1: 1 ratio. Prior to the initiation of any grading activities, topsoil shall be removed and stockpiled in accordance with the Salvage and Translocation Plan. All work, includin~ topsoil removal, stockpiling, and translocation shall be conducted in accordance with the Salvage and Translocation Plan and under the supervision of the City approved biologist. 1 'l.lB araer ta eflsure tRe IOBg term yIa-eility af the OjJefl s!Jaee area, tRe ajJjJlieaat sHall jJre!Jare ElBd saBmit to tRe EBviroBffieBtal Reyie?: Ceeraia"tor <Hi _mil! biolegieal menitormg aBd re190rt ill 19erjJotWty. :\nBHal mORitoriRg sHall re'laire site iRspeetioRs B)' a CII) ajJfJro-;ea Biologist aHd a lefter re1gert shall Be fJro'fiaea to the City for rey;e':; ana a1"19royal. The letter re190ft shall fJro',ide a 'lHalilak:e assessment of site eORditioRs BRa aet"il an)' Reeded remeEliatioR, iReluaiRg adajJti';e managemeRt. 15. Prior to issuance of a grading pennit. the applicant shall prepare and implement a Management and Monitoring Plan (MMP). The MMP shall be prepared bv a City approved biologist and submitted to the Environmental Review Coordinator for review and approval. The MMP must discuss funding requirements. such as an endowment fee. to ensure long-term management in perpetuity. provide management measures to be implemented to sustain the viability of the habitat. and identify timing for implementing the measures prescribed in the NIMP. The MMP shall require that an annual repOlt be prepared in perpetuity and submitted to the Environmental Review Coordinator for review and approval. The annual report shall provide a qualitative assessment of the site conditions. detail any needed remediation. including adaptive management. and specify that remediation \vill OCCUl' within three months fi'om the date the report is submitted. In addition. the annual report must include photo documentation taken from the same photo points within the open space lot. 1 O.!~ 9 16. Prior to issuance of a ",,"ading permit. the applicant shall provide evidence that a Citv approved hiolollist has been retained to monitor and mana!:!e the open space lot until appropriate management entity has been identified and approved bv the City. The applicant is responsible for maintaining the biological integritv of the reqLtired open space area and shall abide bv all management and monitoring measures identified III the Management and Monitoring Plan until sucb time as an appropriate management entitv has been idenri.tied and approved bv tbe Cirv. 17. Prior to issuance of a grading permit, orange temporary fencing shall be installed around those areas, which are designated as biologically sensitive. In addition, the applicant must retain a qualified biologist to monitor the installation and on-going maintenance of this temporary fencing adjacent to sensitive biological areas. The City's Mitigation Monitor will conduct site visits to ensure this measure has been implemented. 18. A qualified biologist shall be present at all pre-grading meetings and be present onsite during all clearing, grubbing, and/or grading activities to ensure that the approved limits of disturbance are not exceeded. The biological monitor shall be authorized to halt all associated proj ect activities that may be in violation with any permits issued or Chula Vista MSCP Subarea Plan conditions. 19. Before construction activities occur in areas containing sensitive biological resources, all workers shall be educated by a qualified biologist to recognize and avoid those areas which have been marked as sensitive biological resources. 20. Prior to issuance of a grading permit. the applicant shall prepare and submit a wall and fence plan to the Em-ironmental Review Coordinator for review and approval. Prior to initiating any grading activitv. the applicant shall insta!] permanent fencing (i.e.. three-wire habitat fencing) around the perimeter of the open space lot to prevent encroachment into the open space area. 21. Prior to issuance of a grading permit. the applicant shall grant a conservation easement or other appropriate mechanism to the Citv subject to the approval of the Environmental Review Coordinator and the Citv Attornev on the 4.29-acre open space lot to ensure no future development is permitted within this area. . . 22. Prior to issuance of a grading permit. the applicant shall prepare and submit a landscape plan to the Environmenta] Review Coordinator for review and approval to ensure all landscaping used in the proiect area \vill be non-invasive and compatible with native vegetation. Geology and Soils 23. Prior to issuance of building permit, the applicant shall demonstrate that all building pads built within 15 feet of the mapped La Nacion trace fault should contain a minimum of 5 feet of compacted fill beneath all footings to the satisfaction of the City Engineer as indicated in the CTE report (dated August 11,2004). 24. Prior to issuance of a grading permit, the detailed measures identified in the geotechnical report prepared by Christian Wheeler Engineering (dated January 25, 2002) must be noted on the grading plans and implemented prior to and during site preparation and construction to the satisfaction of the City Engineer. Hydrology and Water Qualitv 25. Prior to issuance of a grading permit, the detailed measures identified in the Storm Water Management Plan prepared by CDS Civil Engineers (dated December 13, 2004) must be noted on 1 OJ~O the grading plans and implemented prior to and during site preparation and construction to the satisfaction of the City Engineer. Noise 26. Prior to issuance of a building permit, the applicant shall submit a supplemental acoustical analysis of the exterior building design elements for the buildings fronting Brandywine Avenue (Buildings 1, 3, and 4 of the proposed Site Plan) to ensure that the interior noise levels will not exceed 45 CNEL to the satisfaction of the City Environmental Review Coordinator and City Building Official. T ransportationffraffic The following are access-related mitigation measures and will be required as conditions of approval: 27. Prior to approval of Final Improvement Plans, the applicant shall submit a Striping Plan to illustrate the safe site distance triangle for the access driveway to the project site and identify the modifications to the existing Brandywine Avenue pavement markings along the project frontage to the satisfaction ofthe City Engineer. 28. Prior to issuance of a building permit, the applicant shall contribute to the Traffic Development Impact Fund (TDIF) and pay all applicable development fees for necessary traffic improvements to the Brandywine Avenue. G. Consultation . 1. Individuals and Organizations City ofChula Vista: Marisa Lundstedt, Planning and Building Luis Hernandez, Planning and Building John Schmitz, Planning and Building Rich Zumwalt, Planning and Building Garry Williams, Planning and Building Silvester Evetovich, Engineering Ben Herrera, Engineering Dave Kaplan, Engineering Justin Gipson, Fire Department Richard Preuss, Police Department - Crime Prevention Applicant: The Phair Company and Development Contractors, Inc. 10J31 Others: Chula Vista Elementary School District 2. Documents City ofChula Vista General Plan, 1989 Title 19, Chula Vista Municipal Code City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan, February 2003 Acoustical Analysis Report/El Dorado Ridge, Brandywine A venue and Mendocino Drive, Chula Vista, Eilar Associates, February 28, 2005 Cultural Resources Phase I Survey Report prepared by RECON (dated July 19, 2002) Drainage Study, CDS Civil Engineers, December 13,2003 Fire Protection Plan, FlREWISE 2000, Inc., May 2005 Impacts Analysis and Mitigation Requirements, Vincent N. Scheidt, May 2005 Preliminary Geotechnical Report, Christian Wheeler Engineering, January 25, 2002 Report of Supplemental Fault Study, Christian Wheeler Engineering, July IS, 2002 Storm Water Management Study, CDS Civil Engineers, December 13, 2003 Traffic Study for El Dorado Ridge, Federhart & Associates, February 4, 2005 Updated Geotechnical Investigation, Construction Testing & Engineering, Inc. (CTE), August 11, 2004 3. Initial Studv This environmental determination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available ITom the ChuJa Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. ~~4-!/if~~ Marilyn R. F. Ponseggi Environmental Review Coordinator Date: JJJ:(J /oS ( ( J : \Planni ng\J osie\El_ Dorado \Enviro _Docs \IS .02 -0451'vfND(Revised 1 0-1 0-05).doc 10...13'2 LU-lJ-lI-" " i " PROJECT -g LOCATION ro ~ co 0.. -" ~ ro 0.. o - ::J <( ~ -" ~ ro 0.. o - ::J <( ~y~ I I C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT . PROJECT DESCRIPTION: EXHIBIT A (') APPLICANT: EI Dorado Ridge INITIAL STUDY PROJECT Brandywine Avenue at Request: Proposal for 104 town homes on 11.46 acres ADDRESS: Mendocino Drive SCALE: FILE NUMBER: NORTH No Scale IS-02-04q Related cases: DRC-05-22, GPA-05-01, PCZ-03-01, PCS-03-01 J:\planning\carlos\Jacators\is02045.cdr 06.14.05 1--- I f I I I I I I -- --- --I m r<)" II- I ~ 1_ u" ,m Ii i i~ I I I I ! I I I [ I I I I I I I I I ------ ~ 1m. J r~'J .j:i I'''~ I!.. i I i l!;q li!i !!!I !hl' i~~ I ~ I ~ I" 01 ;111 II g. I I n ~ ~, HI,,' t!lll'lI lulll I ~ ~... 1m ,. I~~ !- Ihih lUll il M. := .~ ~'. ~,. 'f. ~... " .11: ._ I I I I I I I I ~ c.-' ~ L 10-34 t ',r ~ o ~~ ~~ o 0:;] Q~ ~~ ~o g~ , 'ii- ...:i ~ I I ~ ~~ i Ii I ! i!. ! I h j! , ii 'I! !: ~i ~~ Ii ! I d .. ~~ 'I ' I i ~ ~. d .~ 8 ~L.~' _.~. i!< ~gi2J -1_ @ i II ! , "I', ,I! ~ !" I . ',j fu ~!;, ~ u~H ;i I ~I I ~ 'I II ~ . ! ----==c~~ . I u !: !!! :t >< W !;; \~J;" ',,'b !,~/",;:~~~ Ir-] '[111\"" ~'," :;",,~,' !I i '! :r-..... , \".. " '\. \ ' ~ . \'\ \ \\ , . ~ Ii' W }.;;~..;j 1;,/" "I"~ '; lfi(p,: '~\\, / ~:,- .. .. .. -- ,.-- ~~ , ..,-- .. -...-.-...- , -:.;";",~.~~.:::,\l..,'~ \" .. i'(,'2-:;-..~._~--o'~:~'.' ',. . , " " J'li ':' ,,' <,' " "\, I : ," - "" ,~il ,9" (I : ~ r _1~::-:' - .....,~ :' ( I, .) ) " ',r~ JliI'!!~"~_ .'. (ji\I':J:j,~.g JJ (II '~ . 01, . '. ~"ClllU::~~~~,,-,,:_:.::;=:="> ')" ," JijJ"', p. --"'-,'.-, \')') I I 'I I "C""-C::.?-'~.~i,-;-;-. ~';:",:~~:i~~~~~~~:f2'''~' ~-1! \ ':::!;":.::i~Jl'>.\!;g 1,', .J... u.. ~ .' -- '" 10-35 ATTACHMENT A MITIGATION MONITORlNG AND REPORTING PROGRAM (MMRP) El Dorado Ridze Pro;ect. 18-02-045. This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed EI Dorado Ridge project. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (1S-02-045). The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Air Quality 2. Biological Resources 3. Geology/Soils 4. Hydrology and Water Quality 5. Noise 6. Transportation/Traffic MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator, and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. Evidence in written fo= confirming compliance with the mitigation measures specified in Mitigated Negative Declaration 1S-02-045 shall be provided by the applicant to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration 1S-02-045, which will-be implemented as part of the project. 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E ffi ~ ~w~05 0 :a ii) ~ CD 0 '50 QJ:5 -;;:; ..c 0"'00 g ~~:5:; 01 o .... ro c 2 W t; g CI,) ';; g5:5:~ ~ ~.8 ~ ij 0 In _ '- "0 In W ro e gE ~.1; 8 c5~~~ @I ;r 8 ffi ~ f ~ ~ " . ~ aj N 00 o co rn a. u o " ~ ~ ~ o 00 - ~Wt- -r- - CITY OF ENVIRONMENTAL CHECKLIST FORM (HUlA VISTA 1. Name of Proponent: The Phair Company and Development Contractor, Inc. 2. Lead Agency Name and Address: City of Cbula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Addresses and Phone Number of Proponent: 1488 Pioneer Way, Suite 5 EI Cajon, CA 92020 (619) 444-2054 4. Name of Proposal: El Dorado Ridge 5. Date of Checklist: June 28, 2005 6. Case No. IS-02-045 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact I. AESTHETICS. Would the project a) Have a substantial adverse effect on a scenic vista? 0 0 0 iii b) SubstanrialIy damage scenic resources, including, but 0 0 0 iii not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) SubstanrialIy degrade the e.--cisting visual character or 0 0 iii 0 quality of the sire and its surroundings? 1 10-45 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact d) Create a new source of substantial light or gwe, which would adversely affect day or nightrime views in the area? o o o o Comments: a-d) The proposed proj ect will not adversely affect an existing scenic vista. The site is located within an established, developed residential and limited industrial area. The proposed structures will be approximately 28 feet in height and will be located along the southern and western portions of the property. The project will be required to meet building standards and landscape requirements per the Chula Vista Municipal Code, which will further reduce potential impacts to the existing community character. It should also be noted that the General Plan does not identify Brandywine A venue as scenic roadway; therefore, the project will not impact a designated scenic roadway. The proposed project is currently vacant and consists of native vegetation on a gentle slope from east to west. Although the applicant proposes to develop approximately 7.17 acres ofthe site, the remaining 4.29 acres will be preserved as an open space area. Irrigated manufactured slopes are included at portions between the open space area and the proposed development. No development is proposed within the remaining open space, nor will future development be permitted. Therefore, impacts to the site's natural visual quality are reduced to below a level of significance. . The proposal will incorporate downward-facing, non-spill exterior lighting within parking areas, and along portions of the site perimeter. The proposed lighting would comply with the lighting regulations of the Chula Vista Municipal Code and, therefore, would not result in a significant lighting impact to adjacent properties. Miti!!ation: No mitigation measures are required. . II. AGRICULTURAL RESOURCES. In detennining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept of Conservation as an optional model to use in assessing impacts on agriculture and fannland Would the project 2 10-46 Issues: a) Convert Prime Fannland, Unique Fatmland, or Fannland of Statewide Importance (Fatmland), as shown on the maps prepared pursuant to the Fatmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflictwitb existing zoning for agricultural use, or a Williamson Act contract? c) Involve otber changes in tbe existing environment, whicb, due to tbeir location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 Ii! o o Ii! o o o Ii! o a-c) The project site is currently undisturbed and has not been used for agricultural purposes. The project site is designated for residential development, consistent with the General Plan, and will not convert Prime Fannland, Unique Fannland, or Fannland of Statewide Importance to non-agricultural use. Therefore, development of the proposed project will not result in impacts .!9 exi~ting agricultural resources. Miti!!ation: No mitigation measures are required. III.AIR QUAUTY. Where available, the significance criteria established by tbe applicable air quality management 'or air pollution control district may be relied upon to make the followiog determinations. Would the project a) Conflict witb or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase 3 10-47 o Ii! o o o 611 o o o o Ii! o Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact of =y criteria pollutant for which the project regton IS non-attainment under an applicable federal or state ambient ill quality standard (Including releasing emissions, which ..,<ceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 0 0 0" 0 concentrations? e) Create objectionable odors affecring a substantial number of people? o o 0" o . Comments: a-e) See Mitigated Negative Declaration, Section E. Miti!!ation: See Mitigated Negative Declaration, Section F. IV. BIOLOGICAL RESOURCES.. Would the project: a) Have a substantial adverse effect, either direcdy or through habitat modifications, on any speCIes identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish =d Game or US. Fish =d Wildlife Service? o 0" o o b) Have a substantial adverse effect on any riparian habitat or other sensitive' natural community identified 1n local or regional plans, policies, regulations or by the California Department ofFish and Game or US. Fish and Wildlife Service? o 0" o o 4 10-48 Issues: cJ Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal poo~ coas~ etc.) tbrough direct removal, filling, hydrological interruption, or other means? cD Interfere substanrially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife conidors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree pteservation policy or ordinance? ~ Conflict with the provisions of an adopted Habitat Conservation Plan, Natura! Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: a-c) See Mitigated Negative Declaration, Section E. Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0" 0 0 o o o o o o o o o o o o d) Currently, the area surrounding the project site is fully developed. The project site is not within or adjacent to the City's designated MSCP Preserve area, or is the habitat identified onsite contiguous with any native habitat connnunity adjacent to the properties. The project will not interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Therefore, implementation of the proposed project will not result in impacts to existing wildlife corridors or interfere with wildlife movement. e-f) See Mitigated Negative Declaration, Section E. Mitieation: See Mitigated Negative Declaration, Section F. 5 10-49 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact V. CULTURAL RESOURCES. Would the project ----- a) Cause a substantial adverse cha11ge in the significaoce of a historical resource as defined in ~ 15064.5? o o o &'I b) Cause a substantial adverse chaoge in the significaoce of ao archaeological resource pursuaot to ~ 15064.5? o o o &'I c) Direcdy or inditecdy destroy a unique paleontological resource or site or unique geologic feature? o o o 1>'1 d) Disturb any hurnao remains, including those interred outside of formal cemeteries? o o o &'I Comments: a-b) A Cultural Resources Phase I Smveywas conducted by RECON (dated July 19,2002). The survey concluded that the project site does not contain any historical or archealogical resources. Therefore, no substantial adverse change in the significance of a historical resource as defined in Section 15064.5 is anticipated. c) The project site is identified as an area of low potential for paleontological resources in the City's General Plan ErR. No paleontological resources are anticipated to be present within the impact area of the project. Therefore, the proposed project will not impact any paleontological resources. In addition, there are no unique geologic features are present on the project site. Therefore, no impacts to unique geological features are anticipated. d) The site is currently undisturbed and based on the analysis conducted by RECON, no human remains are anticipated to be present within the impact area of the project. Therefore, the project will not impact any human remains. Mitieation: No mitigation measures are required. 6 10-50 Issues: VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 11. Strong seismic ground shaking? lU. Seismic-related liquefaction? ground failure, including iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic umt or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? 7 10-51 Potentially Significant Impact o o o o o o .0 o Less Than Significant With Mitigation Incorporated o o o o o o o o Less. Than Significant Impact o o o o o o o o No Impact o o o o o o o o Issues: e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available fot the disposal of wastewater? Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Comments: a-d) See Mitigated Negative Declaration, Section E. Less Than Significant Impact D D D Ii! e) The project does not propose the use of septic tanks or alternative wastewater disposal systems. Sewer services will be provided by the City of Chula Vista. Therefore, development of the proposed project will not result in impacts associated with the use of septic tanks or alterative wastewater disposal systems. Mitie:ation: See Mitigated Negative Declaration, Section F. VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a sigoificant hazard to the public or the environment through the rourioe transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an exisriog or proposed scbool? d) Be located on a site which is included on a list of hazardous materiills sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the 8 10 52 D D D Ii! D D Ii! D D D Ii! D D D Ii! D Issues: public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Impact Less Than Significant With :Mitigation Incorporated No Impact f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Less Than Significant Impact D D D o g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? D D o h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? D D D D o Comments: D 0" D o a-g) The project proposal involves the development of 104 multi-family residential units. Development of the proposed project would not pose a health hazard to humans. The project site is designated for residential development according to the General Plan, Zoning Ordinance and adopted MSCP Subarea Plan. No significant hazards to human health safety would be created as a result of the proposed project. 9 lU-53 Issues: PGtentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments (cont.): h) At present, the project site is undeveloped and currently supports native vegetation in the eastern portion of the site. The project proposes to develop approximately 7.17 acres of an 11.95-acre site and the remaining 4.29 acres will be preserved as open space. The applicant has prepared a Fire Protection Plan (FPP) which will be implemented to reduce the potential for fire hazards. By implementing the proposed FPP, no significant hazards to human health safety would be created as a result of the proposed project. Miti!!ation: No mitigation measures are required. VIII. HYDROLOGY AND WATER QUALITY. Would the project a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Oean Water Act Section 303(cl) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? o o o o b) Substantially deplete groundwater supplies or 0 0 0 0 interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which pennits have been grantecl)? Result in a potentially significant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the 0 0 0 0 site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? . 10 lU-:>4 Issues: d) SubstanciaJly alter the e.~ting draffiage pattern of the site or axea, includiog through the alteration of the course of a stream or river, substanciaJly increase the tate or amount of surface runoff in a manner which would result in floodiog on- or off-site, or place structures within a lOO-year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a sigoificant risk of loss, injury or death involving floodiog, includiog floodiog as a result of the failure of a levee or dam? ~ Create or contribute runoff water, which would exceed the capacity of existing or planned stonnwater drainage systems or provide substantial additional sources of polluted runoff? Comments: See Mitigated Negative Declaration, Section E. Mitie:ation: No mitigation measures are required. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established commuoity? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (includiog, but not limited to the general plan, specific plan, local coastal program, or zoning ordioaoce) adopted for the purpose of avoidiog or mitigating an environmental effect? 11 10-55 Potentially Significant Impact o o o o o Less Than Signific:mt With Mitigation Incorporated o o o o o Less Than Significant Impact o o o o o No Impact o o o o o c) Conflict with any applicable habitat conservation plan or naMal co=unity conservation plan? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 Ii! 0 Issues: Comments: a) The project site is currently undeveloped. The surrounding land uses consist of residential development to the north, east, and west and light industrial to the south. The applicant proposes to develop 104 multi-family residential units which will be consist with the surrounding uses; therefore, development of the project will not physically divide an existing community. b) See Mitigated Negative Declaration, Section E. c) The project site is located within in the City ofChula Vista MSCP Subarea Plan boundary in an area designated as a "Development Area." The project site is greater than one acre, contains sensitive biological resources, and is located outside of the "Covered Projects," therefore, the project is subject to the requirements under the Habitat Loss Incidental Take (HUT) Ordinance. The project is not anticipated to conflict with the City's MSCP Subarea Plan; therefore, no mitigation is required. Miti!!ation: No mitigation measures are required. . X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? o o o Ii! . b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o Ii! 12 10-56 Issues: Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated NQ Impact Less Than Significant Impact a) The proj ect site is undisturbed and has not been used for mining purposes. In addition, the site is not designated as a site for mineral resources; therefore, the proposed project would not result in the loss of availability of a known mineral resource of value to the region or the residents of the State of California. b) Pursuant to the Environmental Impact Report for the City of Chula Vista General Plan, the State of California Department of Conservation has not designated the project site for mineral resource protection. Therefore, development of the proposed project would not result in the loss of availability of a locally- important mineral resource recovery. Miti!!ation: No mitigation measures are required. XI. NOISE. Would the projectresult io: a) Exposure of persons to or generation of noise levels io excess of standards established io the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? cJ A substantial permanent iocrease io ambient noise levels io the project vicinity above levels existing without the project? d) A substantial temporary or periodic ioerease io ambient noise levels io the project vicinity above levels e...asting without the project? e) For a project located withio an airport land use plan or, where such a plan bas not been adopted, withio two miles of a public airport or public use airport, would the project expose people residing or working in the project area to e..""{cessive noise levels? 13 10-57 o o iii o o o iii o o o o iii o iii o o o o o iii f) For a project within the vicinity of a private aiJ:srrip, would the project """Pose people residing or working in the project area to excessive noise levels? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorpora ted Impact 0 0 0 Ii:! Issues: Comments: a and d) See Mitigated Negative Declaration, Section E. . b) The project is not anticipated to expose persons to excessive groundborne vibration or groundbourne noise levels. However, the use of heavy industrial equipment or machinery during short-term construction activities may induce mild groundbourne vibration. hnplernentation of Section 17.24.050(1) of the Chula Vista Municipal Code wi]] prohibit construction activities between 10:00 p.rn. and 7:00 a.m. Monday through Friday and between 10:00 p.rn. and 8:00 a.rn. Saturday and Sunday, except when necessary for emergency repairs required for the health and safety reasons. Therefore, adjacent residents will not be exposed to excessive groundborne vibration or groundborne noise levels and impacts are considered less than significant. c) The applicant proposes to develop 104 multi-family residential units which is consistent with the surrounding land uses. Currently, noise generated in the project vicinity is associated with vehicular noise along Brandywine Avenue. Based on the noise analysis prepared by Eilar Associates (dated February 2005), noise generated along Brandywine Avenue wi]] increase, however, the levels will not exceed the City's standard limits (65 CNEL) for exterior noise. Therefore, the project willllQt result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. e) The project is not located within an airport land use plan nor within two miles of a public airport or public use airport. Brown Field Airport is the nearest airstrip located approximately 4.5-miles to the southeast. Development of the project would not result in exposure to excessive noise levels. . f) The project is not located within the vicinity of a private airstrip. As stated, the project site is approximately 4.5 miles away from Brown Field Airport. Development of the proposed project would not expose people working on-site to excessive noise levels; therefore, no impacts wi]] result from the proposed project. Mitie:ation: See Mitigated Negative Declaration, Section F. XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for ,,""'GlIIlple, o o o o 14 10-58 Issues: PatentialIy Significant Impact Less Than Significant With Mitigation Incorporated Less Than Sfgnificant Impact No Impact through extension of road or other infrastructure)? b) Displace substantial numbers of e.'listing housing, necessitlting the construcrion of replacement housing elsewhere? o o o 0' c) Displace substantial numbers of people, necessitating the construcrion of replacement housing elsewhere? o o o 0' Comments: a) The proposed project will induce minor population growth within the area. The proposed project consists of the development ofl04 multi-family residential units, which is consistent with the surrounding land uses and allowed under the City's General Plan. b) The project site is currently undeveloped. The project will not result in the displacement of existing housing, necessitating the construction of replacement housing elsewhere. c) The project site is currently unoccupied or developed. The proposed project will construct 104 multi-family residential units. Development of the project will not result in the displacement of existing housing, necessitating the construction of replacement housing elsewhere. - Miti!!ation: No mitigation measures are required. XIII. PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental faciliries, need for new or physically altered governmental faciliries, the construcrion of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objecrives for any public semces: Fire protection? o o o 0' Police protection? o o o 0' 15 10-59 Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact Schools? 0 0 0 0 Parks? 0 0 0 0 Other public facilities? 0 0 0 0 Comments: a) According to the Fire Department, adequate fire protection services can continue to be provided to the site without an increase of personnel. In compliance with the Fire Department requirements, the applicant will be required to submit plans for a fire sprinkler system prior to building construction. Implementation of the proposed Fire Protection Plan prepared by FIREWISE, 2000 will be required to ensure that potential fire hazards have reduced to a level below significance. The proposed project would not have a significant effect upon or result in a need for new or altered fire protection services. The City perfonnance objectives and thresholds will continue to be met b) According to the Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. The City perfonnance objectives and thresholds will continue to be met. c) The proposed project would not induce substantial population growth; therefore, no significant adverse impacts to public schools would result. Furthennore, the applicant would be required to pay the statutory building permit school fees for the proposed residential development. d) The proposed project will not induce a substantial population growth. The project proposes the development of 104 condominium units with four recreation areas, a tot lot, and five mini gazebo parks within the project site. Valle Lindo Park is the nearest park located approximately 0.25 mile from the project site and can be utilized by the residents. By including these recreation areas within the proposed project, City perfonnance objectives and thresholds will continue to be met and impacts are considered to be less than significant. e) The proposed project would not have a significant effect upon or result in a need for new or expanded governmental services and would continue to be served by existing public infrastructure. Miti!!:ation: No mitigation measures are required. XIV. RECREATION. Would the project a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? o o o o 16 10-60 Issues: b) Does the proj ect include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o o a) The project proposes the development of four recreation areas, a tot lot, and five mini gazebo parks within the project site. By including these facilities in the project design, the applicant has provided the residents with adequate recreational areas and facilities to accessible for their use. Although the proposed facilities are intended to be used by the residents of the development, there may be a potential increase in the use of local existing neighborhood and regional parks or other recreational facilities. The increase in use of the existing facilities will not result in physical deterioration of the facility would occur or be accelerated. b) The project proposes the development of four recreation areas, a tot lot, and five mini gazebo parks within the project site to be used by the residents of the proposed development. The proposed recreational facilities will not have an adverse physical effect on the environment. Miti!!ation: No mitigation measures are required. XV. TRANSPORTATION I TRAFFIC. Would the project a) Cause an increase in traffic which is substanrial in relation to the e.--ci.sting traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) ? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 17 10-61 o o o o o o o o o o o o Less Than Potentially Significant Less Than With Issues: Significant :Mitigation Significant No Impact Impact Incorporated Impact d) Subsranrially increase hazards due to a design feature D D D 0 (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? D D D 0 fj Result in inadequate parking capacity? D D D 0 g) Conflict with adopted policies, plans, or programs D D D 0 supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: See Mitigated Negative Declaration, Section E. Miti!!ation: See Mitigated Negative Declaration, Section F. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? D D D o b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D D D o c) Require or result in the construction of new stonn water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D D D o 18 10 62 d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or e..~anded entitlements needed? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 0 Issues: e) Result in a detennination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? o o o o f) Be served by a land:6.ll with sufficient permitted capacity to accommodate the project's solid waste disposal needs? o o o o g) Comply with federal, state, and local statutes and regulations related to solid waste? o o o o Comments: a) The project site is located within an urban area that is served by all necessary utilities and service systems. The project is not anticipated to exceed the wastewater requirements of the Regional Water Quality Control Board (RWQCB) treatment facilities. Therefore, no significant impacts to RWQCB treatment facilities are anticipated. b) See XVI.a. No construction of new water or wastewater treatment facilities or the expansion of existing facilities would be necessary to serve the project. Development of the project will not impact existing water or wastewater treatment facilities. c) The project site is located within an urban area that is served by all necessary utilities and service systems. The project is not anticipated to exceed the wastewater requirements of the Regional Water Quality Control Board (RWQCB) treatment facilities. Therefore, no significant impacts to RWQCB treatment facilities are anticipated. d) See XVI.a. No construction of new water or wastewater treatment facilities or the expansion of existing facilities would be necessary to serve the project. Development of the project will not impact existing water or wastewater treatment facilities. 19 10-63 . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments (cont.): . e) The proposed project wil1 require the instal1ation of storm drain facilities and a detention basin. By instal1ing the detention basin and the necessary storm drainages identified on the proposed site plan, the development of the proposed project wil1 not increase the flow or capacity of the existing storm water system. Therefore, the project will not result in impacts to the environment associated with the instal1ation of new storm drain facilities and a detention basin. f) The project site is within the potable water service area of the Otay Water District (District). Pursuant to correspondence from the District, the project may be serviced from existing potable water mains. No new or expanded entitlements would be necessary to serve the proposed project. g) See XVI.a. and b. h) The project will be served by Pacific Waste Services. Solid waste generated by the project wil1 be disposed at the Otay Landfil1. The development is not anticipated to generate a significant amount of solid waste which would exceed the capacity of the Otay Landfil1. The applicant wil1 be required to implement a recycling program for the residents ofthe development. Therefore, impacts to the Otay Landfil1' s capacity are less than significant. i) The applicant has consulted with the City's Environmental and Conservation Services Department in order to determine compliance with the federal, state, and local regulations related to solid waste. The applicant will be required to implement a recycling program for the residents of the development. Therefore, the proposed project will comply with federal, sta~ and local regulations related to solid, waste and impacts are considered to be less than significant. Miti!!ation: No mitigation measures are required. XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A.~ o o o 0" The Gty shall construct 60,000 gross square feet (GSf) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the city- wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. 20 10-64 . Issues: B) Police a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (T) minutes and maintain an average response rime to all "Priority One" emergency calls of 5.5 minutes or less. h) Respond to 57 percent of ''Priority Two" urgent calls within seven (T) minutes and maintain an average response time to all "Priority Two" calls of 7.5 minutes or less. C) Fire and Emerg:en<;y Medical Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annually). D) Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during' the peak two hours of the day at signalized intersections. Signalized intersections west of I-80S are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS liEn or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. E) Parks and Recreation Areas The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities /1,000 population east oEI-805. F) Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plants) and City Engineering Standards. 21 lU-bb Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporated o o o o o Less Than Significant Impact o o o o o No Impact o o o o o G) Sewer Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 0 Issues: . The Threshold Standards require that sewage flows and volumes not exceed City. Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standsrds. H) Water o o o o The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrendy with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit iSsuance. Comments: a) The nearest public library to the proposed project is the South Chula Vista Branch located approxlinately 3 miles from the project site. The proposed project is not expected to induce substantial growth which will impact the City's Library Threshold Standards. Therefore, the project will not result in adverse impacts to the City's Library Threshold Standards. b) According to the Police Department, adequate police protection services can continue to be provided to serve the proposed project. The project would not have a significant effect upon or result in a need for substantial new or altered police protection services. No adverse impact to the City's Police Threshold standards would occur as a result of the proposed project. c) According to the Fire Department, adequate fire protection and emergency medical services can be provided to the site. The Fire Station that will provide services to the proposed project are Station 3 with estimated time of arrivals from 3-5 minutes. The proposed project would not have a significant effect upon or result in a need for new or altered fire protection services. No adverse impact to the City's Fire and Emergency Medical Threshold standards would occur as a result of the proposed proj ect. d) According to the Traffic Engineering Section, with the addition of proj ected generated traffic, all roadway segments and' intersections within the study area are estimated to continue to operate at level of service "c" or better in compliance with the City's Traffic Threshold Standards. 22 lU-oo Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments (cont.): e) The proposed project will construct 104 condominium units and will not induce a significant population growth. The project proposes the development of four recreation areas, a tot lot, and five mini gazebo parks within the project site. Valle Lindo Park is the nearest park located approximately 0.25 mile from the project site. The occupants of the development may also utilize this park. By including recreation areas within the proposed project, impacts to the City's Park Threshold Standards are considered to be less than significant. f) A drainage study has been reviewed and approved by City Engineering staff. This study will be submitted with the final grading and improvement plans. The applicant proposes new and improved drainage facilities incorporated within the project site. The drainage facilities for the project are designed in accordance with the Drainage Master Planes) and have met the City Engineering standards. No adverse impacts to the City's storm drainage system or City's Drainage Threshold standards will occur as result of the proposed proj ect. g) The sewer facilities serving the project site consist of a 1O-inch sewer main running north-south along Brandywine Avenue. The Engineering Division has determined that these facilities are adequate to serve the proposed project No new sewer facilities are anticipated to be required and no adverse impacts to the City's Sewer Threshold standards will occur as a result of the proposed project. h) According to the Otay Water District, water service can be provided via a 12:inch ;yater main located on east side of Brandywine. Additionally, the District has determined that adequate storage, treatment, and transmission facilities would be available to serve the proj ect. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? o iii o o b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the o o iii o 23 10-67 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) . c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? o o o o Comments: a) The project site is located within an established urbanized area designated as development area under the adopted Chula Vista MSCP Subarea Plan. However, as discussed in Section E of the Mitigated Negative Declaration, sensitive habitat and wildlife wiIl be impacted by the proposed development. Appropriate mitigation measures will be implemented pursuant to the City's MSCP Subarea Plan to reduce impacts to below a level of significance. b) As described in the Mitigated Negative Declaration, significant ditect project impacts would be mitigated to below a level of significance through the required mitigation measures. When the proposed project is considered in connection with the effects of past projects, other current projects, and future projects, cumulative impacts associated with air quality, biological resources, and traffic are considered significant. However, the City has implemented several plans and ]2!"ogral!ls focused on reducing air pollutions, regulating impacts to sensitive biological resources, and developing road improvements to relieve traffic. As indicated in the Mitigated Negative Declaration, the applicant will be required to comply with the City's regulations and implement mitigation measures to reduce impacts to below a level of significance. Therefore, cumulative impacts are considered to be less than significant. c) See the "Air Quality", "Biological Resources", "Geology and Soils", "Noise", and "TransportationfTraffic" discussions in Section E of the Mitigated Negative Declaration; all identified potential impacts would be mitigated to below a level of significance. 24 lU tit! XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The following air quality mitigation requirements shaIl be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated ITom unless approved in advance in writing by the City's Environmental Review Coordinator. Air Ouality 1. During construction, dirt and debris shall be washed down or swept up as soon as practicable to reduce the resuspension of particulate matter caused by vehicle movement over such material. Approach routes to the construction area shall be cleaned daily of construction-related dirt and debris. 2. In accordance with California Vehicle Code Section 23114, vehicles transporting loads of aggregate materials must cover/tarp the material, or if not covered, the material must be no nearer than six inches ITom the upper edge of the container area where the material contacts the sides, ITont, and back of the cargo container area, and the load shall not extend, at its peak, above any part of the upper edge of the cargo container area. This measure shall also apply to the transport of any materials associated with demolition, grading, or building activities that can potentially become airborne. 3. Construction equipment shall be maintained in proper working order and shall be periodically tuned in order to minimize air pollutant emissions; use of low pollutant-emitting construction equipment, including electrical-powered equipment, shall be used as practical. 4. Soil disturbance and travel on unpaved surfaces shall be suspended when wind speeds exceed 25 miles per hour. 5. All unpaved construction .areas shall be sprinkled with water or other accejJtable dust control agents during dust-generating activities as necessary to minimize dust emissions to the maximum extent practicable. Additional watering or dust control agents shall be applied during dry weather or on windy days until dust emissions are not visible. 6. The Developer shall implement the final AQIP measures as approved by the City Council, and as may be amended ITom time to time, and to comply and remain in compliance with the Air Quality Improvement Plan (AQIP). 7. In addition, the following air quality mitigation requirements shall also be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator: . Minimize simultaneous operation of multiple construction equipment units. . Use low pollutant-emitting construction equipment. . Use electrical construction equipment as practical. . Use catalytic reduction for gasoline-powered equipment. . Use injection"timing retard for diesel-powered equipment. . Water the construction area twice daily to minimize fugitive dust. 25 10-69 . Stabilize graded areas as quickly as possible to minimize fugitive dust. . Pave permanent roads as quickly as possible to minimize dust. . Use electricity !Tom power poles instead of temporary generators during building, if available. . Apply stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. . Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. . Remove any visible track-out into traveled public streets within 30 minutes of occurrence. . Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. . Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. Biological Resources 8. Prior to issuance of a grading permit, the applicant shall mitigate impacts to MSS pursuant to Section 5.2.2 of the City's MSCP Subarea Plan. In compliance with the City's Subarea Plan, the applicant shall secure 5.4 acre-credits of MSS habitat in a City-approved Mitigation Bank or other approved location offering such credits. This assumes that the mitigation credits will be provided within the City's Preserve system. A 2:1 mitigation ratio shall apply if mitigation is secured outside of the Preserve but in another City-approved location. 9. Prior to issuance of a grading permit, the applicant shall obtain a Habitat Loss Incidental Take (HUT) Permit !Tom the City of Chula Vista for impacts to MSS, Otay tarplant, Snake Cholla, and the Coast California gnatcatcher in accordance with Section 17.35 of the CYMe. 10. Prior to issuance of a grading permit, the applicant shall obtain appropriate permits !Tom the Resource Agencies (i.e., USACOE, CDFG, and RWQCB) for impacts to jurisdictional wetland resources. Section 5.2.4 of the City's Subarea Plan provides mitigation ranos fdi unavoidable impacts to wetlands (Table 5-6, page 5-18). In compliance with the City's Wetland Protection Program, mitigation measures proposed by the Federal or State agency must be equivalent or greater than those imposed by the City. 11. Prior to issuance of a grading permit, the applicant shall prepare a Wetland Mitigation Plan to the satisfaction of the Environmental Review Coordinator to mitigate impacts to wetland resources. The Plan must include, but not be limited to, an implementation plan, maintenance and monitoring program, estimated completion time, sucCess criteria, and any relevant contingency measures. 12. Prior to initiating grading activities, pre-construction nesting surveys of all areas within 300 feet of any known California gnatcatcher or nesting raptor location will be required. The results of the survey will be provided in a report to the Environmental Review Coordinator for approval. If an occupied raptor or California gnatcatcher nest is identified during pre- construction surveys, noise reduction measures shall be incorporated into the construction plans and submitted to the Environmental Review Coordinator for review and approval. Site brushing, grading, and/or the removal of vegetation within 300 feet of any known California gnatcatcher or raptor nesting location shall not be permitted during the spring/summer breeding 26 10-70 season, defined as from February 15 to August 15 for the California gnatcatcher or January 15 to July 31 for nesting raptors. 13. Prior to issuance of a grading permit, a qualified biological shall prepare a Salvage and Translocation Plan and submitted to the City for review and approval. The intent of this salvage shall be to revegetate and restore disturbed areas that will be placed into open space. The Salvage and Translocation Plan shall specify the soils, seeds, and specific plant materials to be salvaged, identify the details of salvage, and specify location within revegetation areas and time frames for use of materials, as appropriate. Soil salvaging and translocation shall include all impacted specimens of Otay Tarplant, Snake Cholla, and all other stem succulents present onsite at a 1: 1 ratio. Prior to the initiation of any grading activities, topsoil shaH be removed and stockpiled in accordance with the Salvage and Translocation Plan. All work, including topsoil removal, stockpiling, and translocation shall be conducted in accordance with the Salvage and Translocation Plan and under the supervision of the City approved biologist. 14. In order to ensure the long-term viability of the open space area, the applicant shall prepare and submit to the Environmental Review Coordinator an annual biological monitoring and report in perpetuity. Annual monitoring shall require site inspections by a City-approved biologist and a letter report shall be provided to the City for review and approval. The letter report shall provide a qualitative assessment of site conditions and detail any needed remediation, including adaptive management. 15. Prior t6 issuance of a grading permit, orange temporary fencing shall be installed around those areas which are designated as biologically sensitive. In addition, the applicant must retain a qualified biologist (approved by the City) to monitor the installation and on-going maintenance of this temporary fencing adjacent to sensitive biological areas. The City's Mitigation Monitor will conduct site visits to ensure this measure has been implemented. 16. A qualified biologist shall be present at all pre-grading meetings and be present 'onsite during all clearing, grubbing, and/or grading activities to ensure that the approved limits of disturbance are not exceeded. The biological monitor shall be authorized to halt all associated project activities that may be in violation with any permits issued or Chula Vista MSCP Subarea Plan conditions. 17. Before construction activities occur in areas contammg senslhve biological resources, all workers shall be educated by a qualified biologist to recognize and avoid those areas which have been marked as sensitive biological resources. Geology and Soils 18. Prior to issuance of building permit, the applicant shall demonstrate that all building pads built within 15 feet of the mapped La Nacion trace fault should contain a minimum of 5 feet of compacted fill beneath all footings to the satisfaction of the City Engineer as indicated in the CTE report (dated August 11,2004). 19. Prior to issuance of a grading permit, the detailed measures identified in the geotechnical report prepared by Christian Wheeler Engineering (dated January 25, 2002) must be noted on the 27 1U-71 grading plans and implemented prior to and during site preparation and construction to the satisfaction of the City Engineer. Hvdrology and Water Quality 20. Prior to issuance of a grading permit, the detailed measures identified in the Storm Water Management Plan prepared by CDS Civil Engineers (dated December 13,2004) must be noted on the grading plans and implemented prior to and during site preparation and construction to the satisfaction of the City Engineer. Noise 21. Prior to issuance of a building permit, the applicant shall submit a supplemental acoustical analysis of the exterior building design elements for the buildings ftonting Brandywine Avenue (Buildings 1, 3, and 4 ofthe proposed Site Plan) to ensure that the interior noise levels will not exceed 45 CNEL to the satisfaction of the City Environmental Review Coordinator and City Building Official. TransportationlTraffic The following are access-related mitigation measures and will be required as conditions of approval: 22. Prior to approval of Final Improvement Plans, the applicant shall submit a Striping Plan to illustrate the safe site distance triangle for the access driveway to the project site and identify the modifications to the existing Brandywine A venue pavement markings along the proj ect ftontage to the satisfaction of the City Engineer. 23. Prior to issuance of a building permit, the applicant shall contribute to the Traffic Development Impact Fund (TDlF) and pay all applicable development fees for-necessary traffic improvements to the Brandywine Avenue. 28 10-72 X-.'<:. AGREEIVIENT TO IMPLElVIENT MITIGATION lVIEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have e.ach read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below shall indicate the APJ~~;: :"~~ 0",,,,,,', d,,", i&27jiJ:J::iiliP", 'ppro~" /r/;;PAbl_ 4- &j(flv a'~ f. ~. Printed Name and Title of APP~aKt . (or a orized . 6-!br0~ Date Signature of App ic t (or authorized representative) Printed Name and Title of Operator (if different from Applicant) Signature of Operator (if different from Applicant) Date XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. 0 Land Use and Planning iii TransportationlTraffic 0 Public Services 0 Population and Housing iii Biological Resources 0 Utilities and Service Systems iii Geophysical 0 Energy and Mineral 0 Aesthetics Resources 0 Agricultural Resources iii Hydrology/Water 0 Hazards and Hazardous 0 Cultural Resources Materials iii Air Quality iii Noise 0 Recreation o Threshold Standards 0 Mandatory Findings of Significance 29 10-73 . XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the 0 environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the 0 environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, 0 and an Environmental Impact Report is required. I find that the proposed project may have a significant effect(s) on the environment, but at 0 least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially sigDificant unless mitigated." An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the 0 environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this detemlination. ~4-'/t?~~ Marilyn R.F. Ponseggi ~ Environmental Review Coordinator City of Chula Vista t'/h/)~ I Da1e J:\Planning\Josie\El_Dorado\Enviro_ Docs\IS-02-045CheckJist.doc 30 10-74 (]) II> C o c.. II> (]) c:: ...... c (]) E E o u (9 ~ M!I ~ ~ ~ co M!I <Sa> ~ M!I ___ @~ w ::;; q: <.:) c z q: :J: 11) u: LL M o ~ ON ... 2~ Z5~E ~ W .-<( 0 ('I :2: g-CO~"';! 1-~.g'U~<O c:: ~.~ o",.~ <t 8.'3l g>[;; f8 a. ..c:>o:!..~ w ~~ :ij:g~ Ccn"",cn!:2.w.. <C ...... c (]) E E o u ~ o o M ".; ~ " '" .i! 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Q$~ ." a ~ ~ ~ 8 g tlO OJ'~ ... ~t3~ "''''OJ .r: u ~ Ii u - e~ " u 0'> U1 u <>1<>1 o. ~ ~ E - .....1. 00. j~U 10-81 q; u :! , ... ~ , i ~ . , , ! , .t ~ ~ Attachment _4 Ownership Disclosure Form 10-82 ~\r?- -,- . - p" I ann n g & Building Planning Division Department Development Processing CITY OF CHUIA VISTA '---' APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial int,erest in the property that Is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. CVRI, LLC The Phair Company, Mgr. Dpvplnpmpn~ Cnn~r~c~nr. Inc., Mgr. 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. ,Tpff Ph.:1; r Michael Grant 3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ' ",j L 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matler. The Phair Company nQ~TQ'nrmQn~ rnn~r~r~nr. Inc. 5. Has any person" associated with this contract had any financial dealings with an official"" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ If Yes, briefly describe the nature of the financial interest the official"" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? NoX _ Yes _If yes, which Council member? ' L 276 Fourth Avenue Chula Vista 'IO-dl,i\fornia 91910 (519) 591-5101 ~\(~ --111- ~41 ._ Pia n n n g & Building Planning Division Department Development Processing Cm' OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No-X- If Yes, which official" and what was the nature of item provided? Date: /0 ~/1-()1 Signa ure ofContracto /Applicant Michael A. Grant , Mi,.....h~o' n r-.r~n'" Print or type name of Contractor/Applicant President, Development Contractor, Inc Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fratemal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting asa unit. " Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, c6mmission, or committee of tfie City, employee, or staff members. .,{ '----' . 276 Fourth Avenue Chula Vista1 Or86alifornia 91910 (619) 691-5101 RESOLUTION NO. 2006- RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-02-045 1. RECITALS A. Project Site WHEREAS, the area of land commonly known as El Dorado Ridge Tentative Subdivision Map (PCS-03-01), Chula Vista Tract No. 03-01, which is the subject matter of this Resolution, and is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of 11.46 acres located on the east side of Brandywine Avenue, north of Main Street, across from Mendocino Drive, located within the Residential Medium Designation (6-11 dwelling units per acre) of the General Plan, and the Residential Single Family (R-2-P) zone (One and Two Family Residential Zone, Precise Plan Modifying District ), consisting of APN 644-010-27- 00 ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on July 23, 2002, CVHI, LLC ("Developer") filed a duly verified application with the City of Chula Vista Planning and Building Department, which was subsequently amended on October 14, 2004, requesting approval of: (1) Zone Reclassification PCZ-03-01, to change the zoning of the property from R-I-lOH to R- 2-P; and (2) a Tentative Subdivision Map to subdivide 11.46 acres into 104 condominium dwelling units. The rezone application and tentative subdivision map application are referred to herein as the Project. ("Project") and C. Prior Discretionary Approvals WHEREAS, on July 18, 2005, the development of the Project Site received discretionary approval from the Design Review Committee for Design Review Application DRC-05-22 for a 104 unit multi-family condominium project; and WHEREAS, on December 13, 2005, the development of the Project Site received discretionary approval from the Chula Vista City Council of an amendment to the City's General Plan to change the Residential Low-Medium (3-6 du/acre) designation to Residential Medium (6-11 du/acre); and D. Environmental Determination WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS-02-045 in accordance with CEQA. 10-85 . WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the Developer would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-02-045. WHEREAS, on August 1, 2005, the Resource Conservation Commission determined that Initial Study IS-02-045 for the Project was adequate, and recommended adoption of the Mitigated Negative Declaration, IS-02-045. Furthermore, on November 30, 2005, the Planning Commission also recommended adoption of Mitigated Negative Declaration IS-02-045. F. Planning Commission Record on Applications WHEREAS, the Planning Commission held a noticed public hearing on the Project on November 30, 2005, and after hearing staff's presentation and public testimony voted 5-0-2 to recommend that the City Council adopt Mitigated Negative Declaration IS-02-045. G. City Council Record on Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the Project, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City C{JUncil of the City of Chula Vista on January 10, 2006, in the Council Chambers, 276 Fourth Avenue, at 4:00 p.rn. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its public hearing on the Project held on November 30, 2005 and the minutes and Resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH INDEPENDENT JUDGMENT OF CITY COUNCIL CEQA AND The City Council has exercised their independent review and judgment and concurs with the Planning Commission, Resource Conservation Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-045), in the form presented, has been prepared in accordance with requirements of the California 10-86 Environmental Review Coordinator's determination that Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-045), in the form presented, has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista and is hereby adopted. Presented by j".'d ~ " [0= by / L (Y /li-4 Moore City Attorney James D. Sandoval Planning and Building Director 10-87 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE, REZONING AN 11.46 ACRE PARCEL LOCATED ON THE EAST SIDE OF BRANDYWINE AVE ACROSS FROM MENDOCINO DRIVE FROM THE R-l-lOH (SINGLE FAMILY RESIDENTIAL, HILLSIDE) ZONE TO THE R-2-P (ONE AND TWO FAMILY RESIDENTIAL, PRECISE PLAN) ZONE, AND ADOPTING PRECISE PLAN STANDARDS. 1. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consist of one acre located on Brandywine A venue east of Mendocino Avenue ("Project Site or Site"); and B. Project; Application for Discretionary Approval WHEREAS, on July 25, 2003, a Rezone application was filed by CVHI, LLC ("Developer") with the Planning and Building Department of the City of Chula Vista requesting an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone an l1.46-acre parcel from the R-1-l0H (Single- Family Residential, Hillside) Zone to the R-1-5 P zone, and subsequently amended on October 14, 2004 by Developer to request approval of the R-2-P (One and Two Family Residential, Precise Plan) Zone, and adopting Precise Plan standards, for 104 condominium multi-family dwelling units ("Project"); and WHEREAS, on January 10, 2006, subsequent to consideration and approval of this project, Applicant requests approval of a Tentative Subdivision Map to subdivide 11.46 acres into 2 lots, a 7.43 acre, 104 multi-family unit condominium lot, and a 4.03 acre open space lot; and C. Prior Approvals WHEREAS, on December 13, 2005, the Chula Vista City Council adopted a resolution amending the Chula Vista General Plan, which included an amendment of the General Plan Land Use Designation for the project site from Residential Low-Medium (3-6 du/acre) to Residential Medium (6-11 du/acre); WHEREAS, the Design Review Committee held a noticed public hearing on July 18, 2005, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 3-0-1-1 to approve the Design Review Application DRC-05-22 for the Project, subject to adoption of the General Plan Amendment and this related zone change, and 10-88 Ordinance Page 2 WHEREAS, on August 1, 2005, the Resource Conservation Commission determined that Initial Study IS-02-45 for the Project was adequate, and recommended adoption of the Mitigated Negative Declaration. Furthermore, on November 30, 2005, the Planning Commission also recommended adoption of Mitigated Negative Declaration. D. Planning Commission Record on Application WHEREAS, the Planning Department set the time and place for a hearing on said Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held a noticed public hearing on the Project on November 30, 2005, at 6:00 p.rn. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 5-0-2 to recommend that the City Council approve the Mitigated Negative Declaration, and Rezone, in accordance with the findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on November 30, 2005, and the minutes and resolution resulting there from, are hereby incorporated into the record of these proceedings; and E. City Council Record on Application WHEREAS, the City Council held a noticed public hearing on the Project on January 10, 2006, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project site at least ten (10) days prior to the hearing; and WHEREAS, after hearing staff's presentation and public testimony, the City Council voted _ -_ -_ to adopt and approve the Mitigated Negative Declaration (IS-02-045) and Rezone in accordance with the findings listed below; and F. Discretionary Approval of Ordinance WHEREAS, a duly called and noticed public hearing on the Rezone was held before the City Council of the City of Chula Vista to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. II. The City Council of the City Chula Vista does hereby ordain as follows: . A. Certification of Compliance with California Environmental Quality Act (CEQA) WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS-02-45 in accordance with CEQA. 10-89 Ordinance Page 3 WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-02-045. B. Independent Judgment of the City Council WHEREAS, the City Council has exercised their independent review and judgment and concurs with the Planning Commission, Resource Conservation Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration (IS-02-045), in the form presented, has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista. C. Precise Plan Findings 1. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The City Council finds that the proposed precise plan standards contained in attached Exhibit B will not have a negative impact on the surrounding neighborhood because the proposed standards allow the applicant to design a project that is more compatible with the surrounding development. The surrounding area includes multi-family dwellings on the north and west, single- family homes to the east, and industrial complex to the south. Such standards will allow the flexibility in establishing new development standards for density, building types, height, floor area and setback regulations that will permit construction of attached town-home dwelling units with garages, private yards, and common open space, which is appropriate for an area which transitions from single-family to industrial zoned areas. 2. That such plan satisfies the following principles for application of the "P" modifying district as set forth in CVMC 19.56.04I: (a) The City Council [mds that the property is unique in terms of its physical characteristics, configuration, circulation, social or historic characteristics requiring special design; because the site includes steep slope lands of 25% or greater, and narrow endemic sensitive plant species which requires preservation in an open space lot and clustering of development into the southern and western portions of the site, in a manner that complies with the City's General Plan, Zoning Ordinance and Multiple Species Conservation Program. (b) The City Council also finds that the site is adjacent and contiguous to areas zoned Planned Community and Limited Industrial, and that the adoption of the Precise Plan will allow the project to be designed with dwelling unit types and development standards which will make a more appropriate transition between adjacent multi family and single family development, and will also 10-90 Ordinance Page 4 be designed to include walls, fencing and landscape setbacks that will help buffer the units adjacent from the adjacent industrial uses, in a manner that the development of the site will better coexist with adjacent uses which might otherwise not be compatible. (c) The City Council also fmds that application of the "P" modifying district is appropriate because the basic or underlying R-l-lOH zone regulation does not allow the flexibility needed to achieve a project design that permits clustering of development in a way that protects the on-site biological resources and steep slopes, and therefore a precise plan modifying district is needed to allow a more compatible design. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the development standards of the R-2 zone would limit the ability of the applicant to propose a design which: a) Meets the goal of providing a 3 story, multi-family townhome dwelling unit type with private and common recreational facilities, where the R-2 zone permits 2 story duplex buildings with private recreational areas; and b) Configures the placement of the open space and residential uses on the site in a way that provides preservation of steep slope and biological open space areas. These requested deviations under the Precise Plan are warranted in order to achieve the purpose of the Precise Plan Modifying District. 4. The approval of this plan will conform to the General Plan and the adopted policies of the City OfChula Vista. The project has been designed and evaluated in accordance with the goals and objectives of the General Plan, including the Residential-Medium (6-11 du/acre) and Clustering provisions of the Land Use Element. The Precise Plan, as described, will allow the project to be consistent with the goals and objectives of the General Plan, and the Chula Vista Municipal Code. D. The rezoning provided for herein is consistent with the City of Chula Vista General Plan, as approved on December 13 2005, and the public necessity, convenience and the general welfare and good zoning practice support the amendment to the Municipal Code. E. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is hereby amended to rezone the site as depicted in Exhibit "B" from R-l-lOH (Single- Family Residential, Hillside) to R-2-P (One and Two Family Residential, Precise Plan). F. The Precise Plan Standards as depicted in Exhibit "B" are hereby adopted and are supported by the required findings (CVMC Section 19.56.041, as outlined in section II (C) above. 10-91 Ordinance Page 5 III. EFFECTNE 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 fo= by l/lif/tud ~oore b ty Attorney James D. Sandoval Planning and Building Director 10-92 RESOLUTION NO. 2006- RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCil.. APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE 11.46 ACRES LOCATED ON THE EAST SIDE OF BRANDY\VINE A VB ACROSS FROM MENDOCINO DRIVE INTO A TWO-LOT CONDOMINIUNI SUBDIVISION CONTAINING 104 RESIDENTIAL UNITS AND OPEN SPACE - EL DORADO RIDGE. I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, on July 23, 2002, a duly verified application was filed with the City of Chula Vista Planning and Building Department, and subsequently amended on October 14, 2004, requesting approval of a Tentative Subdivision Map to subdivide 11.46 acres into 104 condominium dwelling units ("Project") by cvm, LLC ("Developer"); and WHEREAS, on January 10, 2006, the development of the Project Site received the following discretionary approvals from the Chula Vista City Council: 1) Zone Reclassification PCZ-03- 01, adopting an ordinance changing the zoning of the property fromR-I-10Hto R-2-P; and B. Prior Discretionary Approvals WHEREAS, on July 18, 2005, the development of the Project Site received discretionary approval from the Design Review Committee for Design Review Application DRC-05-22 for a 104 unit multi-family condominium project; and WHEREAS, on December 13, 2005, the development of the Project Site received discretionary approval from the Chula Vista City Council of an amendment to the City's General Plan to chartge the Residential Low-Medium (3-6 duJacre) designation to Residential Medium (6-11du/acre); and . C. Project Site WHEREAS, the area of land commonly known as EI Dorado Ridge Tentative Subdivision Map (PCS-03-01), Chula Vista Tract No. 03-01, which is the subject matter of this Resolution, and is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of 11.46 acres located on the east side of Brandywine Avenue, north of Main Street, across from Mendocino Drive, located within the Residential Medium Designation (6,11 dwelling units per acre) of the General Plan, and the Residential Single Family (R-2-P) zone (One and Two Family Residential Zone, Precise Plan Modifying District ), consisting of APN 644-010-27-00 ("Project Site"); and D. Environmental Determination 10-93 Resolution No. 2005- WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA)and has conducted ao Initial Study, IS-02-45 in accordance ,vith CEQA. WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator has determined that the proj ect could result in significant effects on the environment. However, revisions to the project made by or agreed to by the Developer would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-02-045. WHEREAS, on August 1, 2005, the Resource Conservation Commission detennined that Initial Study IS-02-45 for the Project was adequate, and recommended adoption of the Mitigated Negative Declaration, IS-02-45. Furth=ore, on November 30, 2005, the Plaoning Commission also recommended adoption of Mitigated Negative Declaration IS-02-45. E. Planning Commission Record on Applications WHEREAS, the Planoing Commission held a noticed public hearing on the Project on November 30, 2005, and after hearing staffs presentation and public testimony voted 5-0-2 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and F. City Council Record on Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; aod notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the Project, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on J aouary 10, 2006, in the Council Chambers, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. . NOW THEREFORE BE IT RESOLVED that the City Council does hereby'find, detennine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its public; hearing on the Project held on November 30, 2005 and the minutes and Resolution resulting therefrom, are hereby incorporated into the record of this proceeding. ill.CERTIFICATION OF COMPLIANCE WITH CEQA AND INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Planning Commission, Resource Conservation Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-045), in the form presented, has been prepared in accordaoce 10-94 ~ Resolution No. 2005- with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. TENTATIVE SUBDMSION MAP FINDmGS A. Pursuant to Government Code Sections 65350 et. seq. (Planning and Zoning Law), and 66473.5 (Subdivision Map Act), the City Council finds that the Project, as conditioned herein, is in conformance Wlth the elements of the City's General Plan, as approved on December 13, 2005, based on the following: 1. Land Use The project will be developed at a density of 9.1 dwelling units per acre, which is within the allowable residential density range of 6-11 dwelling units per acre. The project design is consistent with the clustering provision ofthe Land Use Element, because the clustered design will preserve significant areas of steep slope and sensitive plant habitat. Also, the project proposes an attached townhome development which will be consistent with the character intended for a Residential Medium area, and will be more compatible with the development ofthe surrounding area, which transitions from single family to multi-family to industrial. The proposed project provides a broader range of housing opportunities in the southeastern portion of the City. 2. Circulation The Developer will constmct the on-site private streets, and the off-site public streets required to serve the subdivision already exist. Required public street improvements will be provided by the Developer through the attached Conditions of Approval. The private streets within the Proj ect will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections. A traffic report has been prepared for the project, which determined that the project would not adversely affect the surrounding neighborhood. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Proj ect concurrent with the demand for those services. There are no public service, facility, or phasing needs created by the Project that warrants the preparation of a Public Facilities Financing Plan, therefore this requirement is waived. 4. Housing The Project is consistent with the density prescribed within the Residential - Medium General Plan designation, approved by the City Council on Decamber 13, 2005, and the Project provides additional opportunities for multi-family residential home ownership. The Proj ect has been conditioned to require that the Developer enter into an agreement with the City to provide low and moderate-income housing consistent with the City's Affordable Housing Program, Policy 3.1.2 of the City's Housing Elament, prior to the approval of the final map. 10-95 1 Resolution No. 2005- 5. Growth Manag=ent The Project is in compliance with applicable Growth Manag=ent EI=ent requirements because there are no public service, facility, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. 6. Open Space and Conservation The project proposes clust<:}ring of the development of dwellings on the lower elevations in order to preserve steep slopes and sensitive plant habitat. The Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-02-045, which addressed the goals and policies of the California Environmental Quality Act, and found the development of the site to be consistent with the goals and policies of the Conservation Element. 7. Parks and Recreation The Project includes adequate areas for on-site, privately maintained open space to serve each dwelling unit, and has been conditioned to pay park acquisition and development fees prior to recordation of the Final Map. 8. Safetv The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for confo=ance with City safety policies and have determined that the proposal, as conditioned, meets those standards. A Fire Protection Plan has been prepared and approved by the City Fire Marshal. 9. Noise . The Project has been reviewed for compliance with the Noise Element and will comply with applicable noise measures at the time of issuance of the building permit. The Proj ect has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA fot all outside private yard areas. 10. Scenic Highwav This Project Site IS not located adjacent to or visible ITom a designated scenic highway. II. Seismic Safetv A preliminary geotechnical investigation has been prepared for the project, which determined that a trace of the PQtentially active Nacion Fault is present on the property. The report recommended that certain geQtechnical mitigation measures be required, which have been included in the Mitigated Negative Declaration as conditions of approval. Also, another condition of approval has been included which requires that a detailed soils report and geo-technical study be prepared in cQnjunctiQn 10-96 , Resolution No. 2005- with grading plans, and that the Developer follw the reco=endations of the geotechnical report and study prepared in conjunction with the grading plans. . B. Pursuant to Gove=ent Code Section 66473.1 of the Subdivision Map Act, the City Council finds that the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architechlral review to insure the maximum utilization of nahlral and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the COlmcil 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 available fiscal and environmental resources. D. The site is physically suited for residential development because those portions of the site which are not suitable for residential development due to presence of sensitive biological resources and steep slopes will be protected in a separate open space lot, while a residential lot will be created for the developable portion of the site, which will be graded and developed in a manner that conforms to all standards established by the City for a residential development. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nahrre and extend to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. V. GENERAL CONDITIONS OF APPROY AL A. Project Site is Improved w.ith Project The Developer, or hislher successors in interest and assigns, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 03-01, El Dorado Ridge. VI. SPECIAL CONDITIONS OF APPROY AL A. The conditions herein imposed on the tentative map.. approval. ()r other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Developer or successor-in-interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: GENERAU PLANNING AND BUILDING 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property. 10-97 < Resolution No. 2005- 2. Developer and/or bis/her successors in interest, shall comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property wbich is the subject matter of the Zone Reclassification, and Tentative Subdivision Map, as recommended for approval by the Planning Commission on November 30, 2005, 2005, and the Notice of Decision for Design Review Permit DRC-05-22, approved by the Design Review Committee on July 18, 2005. Prior to approval of the Final Map for the proj ect, the Developer shall enter into an agreement with the City, providing the City with such security and implementation procedures as the City may require compliance with the above regulatory documents. The Agreement shall also ensure that, after approval of the Final Map, the Developer and bis/her successors in interest will continue to comply, remain in compliance, and implement such Plans. 3. AJJ.y and all agreements that the Developer is required to enter into hereunder shall be in a form approved by the City Attorney. 4. Design and construct all street improvements in accordance with Chula Vista Design Standards Chula Vista Street standards, and the Chula Vista Subdivision Manual unless , otherwise approved by the City Engineer. Where proposed street improvements do not meet City standards, the Proj ect engineer shall submit a written signed and stamped request to deviate from City standards and that the deviation shall not reduce public safety and the deviation conforms to common engineering practices and standards. 5. Guarantee the construction of public street improvements deemed necessary to provide service to the subject subdivision in accordance with City standards. 6. Provide evidence to the satisfaction of the City Engineer of ties to established survey monuments to the proposed street centerlines prior to issuance of any grading or constru"ction permits or approval of the Final Map. 7. Prior to issuance of a grading permit, the Developer shall prepare, submit and obtain the approval by the Director of Planning and Building or designee a landscape slope erosion control plan. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance 1797 and shall provide 1 I-gallon tree or shmb per every 100 square feet. Plans shall be prepared by a registered Landscape Architect pursuant to the City's Landscape Manual, City Grading Ordinance and Subdivision Manual. 8. Brow ditches or drainage swales that cross over enhanced pedestrian paving crossings shall be similarly enhanced to match the enhanced pedestrian paving design. 9. Detailed street tree Plans for the Project shall be submitted concurrent with grading plan submittal and approved prior to approval of the Grading Permit by the Director of Building and Planning or designee. Plans shall be prepared by a registered Landscape Architect pursuant to the City's Landscape Manual, City Grading Ordinance and Subdivision Manual. 10-98 Resolution No. 2005- 10. All retaining wall footings that occur within planter areas shall be of a deep-footed design to accommodate shrub plantings and tree planting where occur. In some cases this may be a specially designed footing to satisfy this condition. The tree and shrub plantings shall conform to the approved landscape concept plan. 11. Developer shall comply with all applicable sections of the Chula Vista Municipal Code, the City Growth Management Ordinance, and the City's General Plan, as amended from time to time. The Developer shall prepare any final maps and all plans in accordance with the provisions of the Subdi vision Map Act and the City of Chula Vista Subdivision Ordinance, Grading Ordinance, the Landscape Manual, and Subdivision Manual. 12. All project landscaping shall conform to the design elements of the City's Landscape Manual, and requirements of the DRC-05-22 Notice of Decision. 13. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified in writing 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 14. Submit a "Recycling and Solid Waste Management Plan" which has been approved by the City of Chula Vista Conservation Coordinator. The plan shall demonstrate those steps the Developer will tal<e to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The Developer shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The plan shall incorporate trash enclosures which are designed to comply with the City's N.P.D.E.S. permit if applicable, to provide compatibility with the architectural style of the development, and to enhance trash enclosure doors where they are highly visible. 15. Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in Mitigated Negative Declaration, 1S-02-45. Mitigation measures not satisfied by a specific condition of this Resolution or by Project design shall be implemented to the satisfaction of the Director .of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the above Mitigated Negative Declaration. Modification of the- sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. 10-99 7 Resolution No. 2005- 16. Developer andJor its successors-in-interest shall, to the satisfaction of the Enviro=ental Review Coordinator, deposit funds sufficient to pay the costs associated with the hiring of a Mitigation Monitor (biological specialist) to oversee the implementation of the biological mitigation measures identified in the IS-02-45 Mitigation Monitoring and Reporting Program. 17. Obtain approval of revised street names to the satisfaction of the Director of Planning and Building and City Engineer. Updated street names shall be noted on the Final Map. The Map shall show that a segment of Vista Las PaIm.as has been re-named to eliminate one of the two intersections of Vista Del Agua and Vista Las Palmas, and that the project entry street be re-named. 18. Comply with the following requirements of the Fire Protection Plan dated Jtme 27,2005, Section 5.0 - "Recommended Fuel Modification Treatments and Fuel Treatment Location Map", to the satisfaction of the Fire Marshall, and Environmental Review Coordinator: 5.2.1 through 5.2.7 Mandated Inclusions in the EI Dorado Ridge Covenant and Agreement (CC&R's). - GRADING/DRAINAGE/NPDES 19. Developer shall comply with the NPDES Municipal Permit, Order No. 2001-01 since home subdivisions of 10 housing units or more are considered Priority Development Projects. Developer shall meet the requirements of the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. All runoff shall be collected and pre-treated prior to discharge to the public storm water conveyance system. 20. Developer shall complete tile applicable forms (see City of Chula Vista's Development and Redevelopment Storm Water Management Requirements Manual) and comply with the Manual's requirements. 21. Developer is reqttired to obtain City approval of a Water Quality Technical Report to identify potential pollutants generated at the site during the post-development phase of the project and to identify/propose appropriate structural and non-structural Best Management Practices (BMPs) to minimize discharge of such pollutants to the maximum extent practicable. Said report shall address run-on from upstream, off-site sources and the potential for the discharge of sewage from on-site wastewater collection systems. A hydrology study is required. Such study shall, in particular, demonstrate that the post- development flow rate for a given design storm does not exceed the pre-development flow rate at the outlet of the subdivision. 22. Development of this project shall comply with all requirements of State Water Resources Control Board (SWRCB) (NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity. In accordance with said Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Monitoring Program Plan shall be developed and implemented 10-100 ~ Resolution No. 2005- concurrent with the co=encement of grading activities. The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures. The SWPPP shall also address operation and maintenance of post-construction pollution prevention measures, including short-term and long-t= funding sources and the party or parties that will be responsible for the impl=entation of said measures. 23. Developer shall complete an accurate Notice-of-Intent (Nor) and file it with the SWRCB. A copy of the acknowledgement from the SWRCB that a Nor has been received for this project shall be filed with the City of Chula Vista when received; further, a copy of the completed Nor from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. 24. Developer shall submit a drainage study prepared by a registered civil engineer and approved by the City Engineer prior to issuance of a grading permit or other development permit. Design of the drainage facilities shall consider existing onsite and offsite drainage patterns. The drainage study shall state that the analysis provided in the study meets the minimum requirements of the City of Chula Vista Subdivision Manual and shall show: i) How downstream properties and storm drain facilities are impacted. The extent of the study shall be as approved by the City Engineer. ii) Inlet sizing and dry lane calculations showing the adequacy of existing downstream facilities to the satisfaction of the City Engineer. iii) Pre/post-development conditions, and that the post-development flow rate from a given design storm does not exceed the pre-development flow rate at the outlet of the subdivision bmmctary. A detention basin or other mitigation measures may be required. iv) Any proposed drainage easements. v) That cross-lot drainage does not occur vi) Off site and onsite drainage basins and sub-basins before and after development. vii) Contour lines before and after grading. viii) Discharge figures before and after development at main discharge points. 25. Developer shall provide an emergency overflow swale for all drainage catch basins located in the rear of any building. Further, Developer shall not cause the flows of said swales to be restricted by either landscaping facilities or walls. 26. Developer shall submit and obtain approval by the City Engineer for an erosion and sedimentation control plan as part of grading plans. 27. Developer shall show the location of cut/fill lines based on existing topography on grading plans. 28. Developer shall provide a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to building permit issuance. 10-101 q Resolution No. 2005- 29. All drainage access points shall be designed to have reasonable access for maintenance vehicles, to the satisfaction of the City Engineer. 30. The developer shall submit a detailed geotechnical report signed by a registered engineering geologist for the project concurrent with grading plan submittal. Said geotechnical report shall show all subsurface exploration locations, faults locations near the project, state minimum setbacks from fault lines and slopes, identify corrections for potential slope failures, sub drain locations and where said drains will tie into a drainage system. Said soils report shall also address the stability of the slope and wall adjacent to the pool on the east side of the project. 31. Prior to the issuance of any grading permit which impacts off-site property, the Developer shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. 32. All existing survey monuments shall be shown on the grading and improvement plans for the project. Developer shall also provide a centerline survey monument at the intersection of the entry road with Brandywine Ave. SEWER / WATER 33. Developer shall present written verification to the City Engineer and from the Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities, and that the subarea master plan has been prepared and approved. Water availability is subject to all OtayWater District requirements in effect at the time. 34. Submit improvement plans for approval by the Otay Water District. 35. If project water service is private, a master meter and backflow preventer will be required. 36. If service laterals do not exist, Developer will be required to pay the Otay Water District to have them installed. 37. Each service must have an approved RIP Backflow Devic'e purchased and installed by Developer. 38. Prior to the purchase of any meters, irrigation plans must be 1) designed to reclaimed standards/specifications, if required by the Otay Water District and <;::ity Engineer; and 2) submitted to the Otay Water District and the County Department of Enviromnental Health for plan check and approval. 39. Only that portion of the sewer between Manholes 1 and 14 and between Manholes 14 and 26 will be publicly maintained. All other sewers shall be private and shall be maintained by the Home Owner Association. 10-102 '" Resolution No. 2005- 40. Full access to the existing public sewer must be maintained at all times for maintenance purposes, including during construction. New easements will be required and the sewer access road shall be designed using a minimum Traffic Index of 5.0. 41. Developer shall submit a sewer analysis/study to verify that the existing infrastructure can accommodate the proposed project. Any proposed 90-degree turn in a sewer main shall be made with two 45-degree turns. 42. Developer shall remove or abandon the existing sewer system located at the south edge of the proj ect in accordance with the conditions and requirements of the City Engineer. 43. All internal streets shall be private and constructed as shown on the Tentative Map. The Tentative Map shall be revised to show 24 foot wide private streets with the exception of 22 feet for Via Dorado (Street C) and the northerly segment of Vista Del Agua (Street A), including a note requesting said waiver, to the satisfaction of the Director of Planning and City Engineer. 44. Developer shall constnlct or enter into an agreement to constmct and secure all private or public street improvements in accordance with Chula Vista Design Standards, Chula Vista Street standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Developer shall obtain City Engineer's approval of detailed improvement plans prepared by a registered civil engineer licensed in the State of California detailing horizontal and vertical alignment of said streets. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter, sidewalk, pedestrian ramps, street signs, street name signs, striping, sewer and water utilities, drainage facilities, street lights, guard rails and fire hydrants. 45. Developer shall Guarantee, prior to apprG-val of the final map, the constmction of public street improvements deemed necessary to provide service to the subject subdivision in accordance with City standards. 46. The Developer shall provide 80 feet of right-of-way along Brandywine Avenue and shall construct all public street improvements a\ld dedicate any right of way necessary along Brandywine Avenue to the satisfaction of the City Engineer, including but not limited to: sewer manholes, cross-gutters, sidewalks, streetlights, bike lanes, signing and striping. 47. Developer shall be responsible for installing street trees in accordance with Section 18.28.10 of the Municipal Code. 48. Developer shall obtain the City Engineer's approval for the design section of private streets with a minimum structural section of 3" A.C. on 4" of aggregate base. 49. Developer shall demonstrate that adequate turning radiuses have been provided for fire trucks and trash trucks prior to grading permit issuance. 10-103 11 Resolution No. 2005- EASEMENTS 50. Developer shall provide easements for all off-site public sto= drains and sewer facilities prior to approval of each final map requirIDg those facilities. The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the City Engineer. 51. The developer shall notify the City at least 60 days prior to consideration of the first map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence conde=ation proceedings as dete=ined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition including the cost of appraisals. The requirements of a, band c above shall be accomplished prior to the approval of the final map. 52. Developer shall grant to the City a 15' drainage easement and improved all-weather access with H-20 loading for all public sto= drain systems or as otherwise approved by the City Engineer. 53. Prior to the approval of each final map, the City Ei:tgineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. 54. The fifteen-foot (15') sewer easement at the southerly boundary shall be vacated where the existing sewer is proposed to be removed. 55. Site visibility easements shall be provided at all comer lots and the project entrance and shall be shown on all the plans. Sight distance obstructions greater than 3.5 feet measured from street pavement grade shall not be permitted within the sight visibility easements. 56. All open space lots shall be irrevocably offered to the City on the Final Map as required by the City Engineer. 10-104 ,~ Resolution No. 2005- AGREEMENTS 57. Developer and/or his/her successors in interest agree to defend, indemnify and hold harmless the City and its agents, officers, and =ployees, 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 State 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. 58. Developer and/or his/her successors in interest agree to defend, indemnify, and hold the City, its agents, officers, and employees harmless :trom any claims asserted for liability for erosion, siltation, increase flow of drainage, or spillage of sewage resulting from this Project, now and in the future. 59. Developer and/or hislher successors in interest agree to ensure 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 :5:anchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the :5:anchise and which are in fi.lrther 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 :5:om time to time be issued by the City of Chula Vista. 60. Developer and/or hislher successors in interest agree to defend, indemnify, and hold the City, its agents, officers, and employees harmless :5:om any liability for erosion, siltation or increase flow or drainage alleged to result from this proj ect. 61. Developer shall submit and obtain approval by the City Engineer of grading plans prepared by a registered civil engineer. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. 62. Pay in fi.lll any unpaid balance for the General Plan, Rezone and Tentative Map Deposit AccOlmt No. DQ-839. 63. Developer agrees to annex to or participate in an existing Community Facilities District for the Chula Vista Elementary School District, or pay developer fees as required by State Law, to the satisfaction of the Chula Vista Elementary School District. MISCELLANEOUS . 64. Developer shall tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 10-105 1"1 Resolution No. 2005- 65. Submit copies of the final map and improvement plan in a digital fo=at such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the info=ation in accordance with the City Guidelines for Digital Submittal in duplicate on standard CD-Rom disk prior to the approval of the Final Map. Further, Developer shall submit a digital site detailing building footprints in California Coordinates for the .purpose of issuing addresses for the proj ect. 66. The Home Owner Association (HOA) will be responsible for maintenance of the storm drain system and the wastewater collection systems, except for the continuation of the existing public sewer main to Brandywine Avenue, which will be maintained by the City. 67. Prior to the approval a Final Map, a Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer and City Attorney. The CC&R's shall include the following obligations of the Homeowners Association (HOA): 1. A requirement that the HOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: -All open space lots that shall remain private, -Other Master Association property. Il. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The HOA shall not seek approval from the City of said revisions without the prior consent of I 00 percent of the holders of first mortgages or property owners within the HOA. lll. The BOA shall defend, indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the BOA. IV. The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. v. The BOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City . Attorney. VI. The CC&R's shall include provisions assuring maintenance of all open space lots, streets, driveways, drainage and sewage systems which are private, Vll. The CC&R's shall include provisions assUring HOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 10-106 1,1 Resolution No. 2005- VllI. The CC&R's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the proj ect. lX. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. x. The HOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the HOA. Xl. The HOA shall maintain all water quality facilities ill confo=ance with the NPDES Municipal Pe=it, Order No. 2001-01 XII. The CC&R's shall include provisions assuring compliance with the solid waste and recycling program requirements, to the satisfaction of the City Conservation Coordinator. Xlll. The HOA shall maintain all landscaping installed in common areas as defined by the CC&R's, including street trees located in the private landscape buffer along Brandywine Ave, as required by the project's detailed landscape improvement plans. XIV. CC&R's shall include those provisions required by the conditions of approval of DRC-05-22 dated 7/18/05. 68. Developer agrees to submit Homeowners Association budget for review and approval by the City Engineer for the maintenance of private streets, water quality improvements, sto= drains, sewage systems, electrical system, plumbing and roof. More specifically, said budget shall include the following provisions and maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years b. Sewers must be cleaned once a year with the contingency for emergencies c. Red curbs/striping must be painted once every three years. d. The Homeowners Association shall be responsible for service utilities including water and sewer, and the billing and payment of these utility costs. e. 810= Water quality facilities inspected prior to and after every rain event and cleaned as necessary (twice a year minimum); media inserts replaced as reco=ended by the manufacturer; with a contingency for emergencies. The budget shall also include a monitoring program including sampling and preparation of an annual report, when required by the City.r 10-107 ,,, Resolution No. 2005- f. Establishment of a capital fund that will adequately cover the expected costs associated with repairing or replacing the Project/complex's electrical syst=, plumbing syst= and roof. 69. Comply with all applicable sections of the Ch11la 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 Chula Vista Subdivision Ordinance and Subdivision Manual. 70. Developer shall provide fIre sprinlder systems as determined by the Fire Marshal. Developer further agrees that in multi-family dwellings, if a sprinkler system is required for one building, all buildings in the proj ect shall be sprinklered. 71. Submit a letter to City Fire Marshall showing compliance with CVFD policy 2916.00. 72. Developer shall install and make operable the fue hydrants, emergency vehicular access and street signs prior to delivery of combustible building materiais, to the satisfaction of the City Fire Marshal. Said hydrant locations shall be shown on the improvement plans. 73. Provide precise undergrow1d fIre service plans prior to locating Fire Department connections and post indicator valves, with placements to be approved by CVFD. All Fire Department connections must not be any closer than three feet to the face of curb. 74. Provide a water flow analysis for the underground fIre service utility. Show all calculations on a point-to-point system. Provide proof that the most remote fue hydrant can produce a minimum flow of 1,500 gpm for 2 hours at 20 psi. 75. All underground fIre service installation is to be inspected by CVFD. Call 72 hours in advance to schedule an appointment. 76. Provide contractors material and test certifIcate for underground pipe. 77. Prior to the approval of the fInal map, Developer shall enter into an agreement to provide affordable housing to low and moderate income households, consistent with the Cities' Housing Element, as may be amended from time to time, to the satisfaction of the Director of the Community Development and Planning and Building Departments. Such agreement shall include appropriate text, maps, tables or fIgures to delineate how and when the required affordable units will be provided. 78. The Developer acknowledges that the City Council may, from time-to-time, modifY air quality improvement and energy conservation measures as technologies and/or programs change or become available. The Developer shall modifY the AQIP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each map approval within the Project. The new measures shall apply to development within all future map areas, but shall not be retroactive to those areas, which receive fInal map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula Vista Air Quality 10-108 '" Resolution No. 2005- Improvement Plan Guidelines (AQIP Guidelines). as approved per Resolution No. 2003- 260 and that such guidelines as approved and as may be amended ITom time-to-time shall be implemented. 79. The Developer acknowledges that the City Council may, ITom time-to-time, modify water conservation measures as technologies and/or programs change or become available. The Developer shall modify the WCP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each map approval within the Project. The new measures shall apply to development within all fi.!ture map areas, but shall not be retroactive to those areas, which receive final map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No. 2003-234 and that such guidelines as approved and as may be amended from time-to-time shall be implemented. 80. Remit to the City, Parkland Development Obligation and In-Lieu of Dedication fees for 104 Multi-family residential lots, pursuao.t to Chapter 17.10 of the Municipal Code, to that satisfaction of the Landscape Architecture Division of the Departro.ent of General Services. B. The following Conditions of Approval shall be satisfied prior to issuance of the first building permit or installed prior to final inspection for the Project, as determined by the Director of Planning and Building, unless otherwise noted: 1. The Developer shall implement the final AQIP measures as approved by the City Council, as may be amended from time to time, arid to comply and remain in compliance with the Air Quality Improvement Plan (AQIP). 2. The Developer shall implement the final WCP measures as approved by the City Council, as may be amended from time to time, and to comply and remain in compliance with the Water Conservation Plan (WCP). 3. Comply with the following requirements of the Fire Protection Plan dated June 27, 2005, Section 5.0 - "Recommended Fuel Modification Treatments and Fuel Treatment Location Map", to the satisfaction of the Fire Marshall: 5.1.1 Fuel Modification .Requir=ents for Irrigated Zone 1; 5.1.2 Permanently Irrigated Zone 2A Manufactured Slopes Common Areas; 5.1.3 Emergency Irrigated Natural Slope Zone 2B with Selective Weed Maintenance; 5.1.4 Emergency Irrigated Zone 2C (Natural slope); 5.1.5 Standard Fire Protection Features; 5.1.6 Enhanced Fire Protection Features; 5.1.7 Six-foot Tall Solid Non-Combustible Wall; 5.1.8 Emergency Only Activated Exterior Sprinkler System; 5.1.8 Homeowner Education; 10-109 17 Resolution No. 2005- 5.1.9 Fire Protection Plan Review 4. Provide an illuminated directory at the entrance to the project, to be approved by the Chula Vista Fire Department. 5. Provide StrobelOpticom system, a Knox key override switch for all motorized gates with Opticom, and click-to enter systems for emergency vehicle access. 6. Submit a letter from Firewise 2000 or other qualified consultant approved by the Fire Marshall, indicating that they have reviewed construction plans, perfo=ed all necessary inspections and that all measures contained in the approved Fire Protection Plan dated June 27, 2005 have been met, or will be met prior to final inspection. 7. Developer shall obtain the approval of the City's Fire Marshall and Police Chief for any proposed gated entry. 8. The gated entry must be fully accessible at all times to City Public Works Operations maintenance staff; such access shall be as approved by the Director of Public Works Operations and the City Engineer. 9. Obtain approval of street addresses to the satisfaction of the Director of Planning and Building and City Engineer. 10. Design all dwelling units to preclude interior noise levels over 45dBA and exterior noise exposure over 65 dBA for all outside private yard areas. 11. Pay all costs to abandon the existing unused utilities and to relocate existing utilities in conflict with this Project. The Developer shall also reconnect the plumbing of these existing customers to the relocated services. The Developer shall be responsible to survey, describe and record any easements needed for private consumer lines associated with utilities. . 12. Submit a detailed wall/fencing plan indicating color, materials, height and location of freestanding walls, frrewalls, retaining walls, and patio and safety fencing to the Director of Planning and Building for approval prior to issuance of the first grading pennit. The wall plan shall comply with requirements of the Notice of Decision .of DRC-05-22, and include details such as accurate dimensions, complete cross-sections showing required walls, adjacent grading, drainage features, fire rating specifications, landscaping, road/trail/sidewalk improvements, and the- location of typical residential structures. Materials and color of all walls or fences facing public or private streets, private parks or pedestrian connections shall be constructed of a: decorative materials and shall be compatible with architecture of the adjacent building. The Developer shall submit a detail and/or cross-section of the maximum/minimum conditions for all "combination walls," which include retaining, firewall and freestanding walls, as part of said wall plan. All required fencing designated as safety fencing, such as for detention basins, shall be shown on the detailed wall/fencing plan. In addition to satisfying all safety requirements, . 10-110 , " Resolution No. 2005- the safety fencing shall be constructed of decorative materials and be architecturally compatible with other project fencing. 13. Submit a phasing plan showing sequence of construction and occupancy of the project, including installation of landscaping, recreation amenities, utilities, and fire protection improvements. 14. Developer agrees to pay the all applicable fees in accordance with the City Code and Council Policy including applicable Transportation Development Impact Fees (TDIF) and Public Facilities Development Impact Fees CPFDIF"). 15. Comply with all requirements of the Final Notice of Decision for Design Review Permit - DRC-05-022 dated July 18, 2005. 16. If the approved Tentative Map conditions of approval conflicts or varies with Design Review Permit conditions of approval, as determined by the Director of Planning and Building, the Tentative Map requirements shall control and supercede, with exception of design matters subject to the City's Design Manual. VII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Developer shall execute this document by signing the lines provided below, said execution indicating that the property owner and Developer have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the property owner and the Developer, and a signed, stamped copy of this recorded document within ten' days of recordation to the City Clerk shall indicate the property owner and Developer's desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. Signature of Developer or Property Owner Signature of Developer XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given 10-111 1n . Resolution No. 2005- the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent rime frame. XII. lL'\'V ALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every te=, provision and condition herein stated; and that in the event that anyone or more te=s, provision, 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 fo= by: ~hn ;; ~ oore ty Attorney . Jim Sandoval Director of Planning & Building J:\Planning\casefiles\fy05-06\PCS-03-0 I \pcs03-0 J . Draft_ CC_Resa.(CC) doc 10-112 COUNCIL AGENDA STATEMENT ITEM -.!..L MEETING DATE 01/10/06 REVIEWED BY: Resolution Establishing Subcommittee on Public Safety Services City ManageR (4/5ths Vote: Yes City Manag~ a Council ITEM TITLE: SUBMITTED BY: No ~) Earlier this fiscal-year, Council Member Castaneda made a staff referral regarding the formation of a council subcommittee on public safety related issues. The need for such a committee is greater than ever given the impending completion of several major public safety related policy documents including the Advanced Life Support and Ambulance Transport Study, the Fire Facilities Master Plan, and the Police Department's strategic business plan. RECOMMENDATION: That Council: . Adopt the resolution establishing a public safety subcommittee for the purpose of reviewing planning documents, identifying issues and making policy recommendations related to the provision of public safety services, and . Appoint two Council Members to serve on the committee. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Public safety continues to be a top priority for the City Council. During the past several years Council has authorized funding for several new initiatives with the intent of improving public safety citywide. Some of the larger initiatives include: - Implementation of a proactive beat-system of code enforcement, - Construction of a new police facility and three new fire stations, - Establishment of a new fire dispatch center, 11-1 Page 2, Item / ( Meeting Date 01/10/06 - Enhancement of police dispatch staffing levels, - Expansion of the School Resource Officer Program, Implementation of the Team Policing concept, and - Development and implementation of a 5-year strategic business plan in the Fire Department. In addition, several special studies are currently under way in the Police and Fire Departments that could have significant budgetary and service delivery implications for the future. These include: - Updating the Fire Facilities Master Plan, - Conducting a feasibility study for the provision of advanced life support and ambulance transport services, and - Development of a 5-year strategic business plan in the Police Department. Given the impending completion of these studies, staff is recommending that Council form a public safety subcommittee for the purpose of reviewing these plans as well as other public safety related issues. It is proposed that the committee be comprised of two Council Members and supported by staff from the Police and Fire Departments, the Code Enforcement Program, the Office of Budget and Analysis, the Finance Department, and the City Manager's Office. FISCAL IMPACT: None. 11-2 RESOLUTION NO. 2006- RESOLUTION ESTABLISHING A COUNCIL SUBCOMMITTEE ON PUBLIC SAFETY SERVICES WHEREAS, public safety is top priority for the City Council; and WHEREAS, there are a number of special studies under way in the Police and Fire Departments that could have significant budgetary and service delivery implications; and WHEREAS, there is an immediate need for a subcommittee given the impending completion of several major public safety related policy documents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the formation of a public safety subcommittee comprised of two Council Members for the purpose of reviewing planning documents, identifying issues and making policy recommendations related to the provision of public safety services. Presented by Approved as to form by .n '-. "iX~....-D 4J / c'--,..-.C? , David D. Rowlands, Jr. City Manager -~ R.~ Ann Moore City Attorney 11-3