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HomeMy WebLinkAbout2006/10/10 Agenda Packet I clIaIIre unar penlllty of perjury thllt I am lIT rflYld brthe CIty of Chula VIata In the _ of till CIty C1.rk IInd that I poattd this ~ -.nt on till bullttln IIoII'lIIOlIOfdIng ~ ~ f?- AIl",~, .~...... :-~_ ~ ID-b-00 C;JUwW~~=:?":::;. SIGNED- - ................. ellY OF CHULA VISTA Aya 'pV . Swphen C. Padilla. Mayor Patricia E. Chavez, Counciln1ember Jim Thomson, Interim City Manager John McCann, Councilmernber Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember October 10, 2006 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER . ROLL CALL: Counci1members Castaneda, Chavez, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE: Kathleen Marshall- International Friendship Commission Norma Toothman - Board of Ethics Todd Glanz - Board of Ethics · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO ROBERT ETHINGTON, CHULA VISTA RESIDENT, FOR DESIGNING AND IMPLEMENTING A CHARITY GOLF TOURNAMENT TO HELP FUND LOW COST SPAYINEUTER OF CHULA VISTA PETS AND FERAL CATS ON THE "NEUTER SCOOTER" · PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO DR. DOROTHY YORK, ANIMAL CARE FACILITY MANAGER, PROCLAIMING OCTOBER 16, 2006 AS NATIONAL FERAL CAT DAY AND RECOGNIZING THE SPAY AND NEUTER ACTION PROJECT FOR ITS DEDICATION AND PARTNERSHIP WITH THE CHULA VISTA ANIMAL CARE FACILITY TO REDUCE ANIMAL POPULATIONS BY PROVIDING SPAY AND NEUTER SERVICES · PRESENTATION BY ALAN LANGWORTHY FROM THE CITY OF SAN DIEGO'S METROPOLITAN WASTEWATER DEPARTMENT REGARDING SECONDARY SEWAGE TREATMENT · DID YOU KNOW...ABOUT THE CITY'S ADULT AND JUVENILE LITERACY PROGRAM? Presented by Patrice O'Halloran, Literacy Coordinator. CONSENT CALENDAR (Items 1 through 4) 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. WRITTEN COMMUNICATION Letter of resignation from Elroy Kihano, member of the Veterans Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN GENERAL GROWTH PROPERTIES (GGP) - OTA Y RANCH, L.P., A DELAWARE LIMITED PARTNERSHIP, AND THE CITY OF CHULA VISTA, FOR THE OTAY RANCH TOWN CENTER SHOPPING CENTER PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The final map, along with a subdivision improvement agreement and supplemental subdivision improvement agreement (SSIA) was approved for this project on May 24, 2005. The project is generally located at the northwest comer of Eastlake Parkway and Birch road, and will consist of major department stores and smaller commercial vendors sharing the site. Adoption of the resolution approves the grant of easements and maintenance agreement as required by the SSIA, and sets forth specific obligations and responsibilities for the maintenance of certain landscaping improvements and facilities adjacent to the project and within the City's right-of-way. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT OVER A PORTION OF CITY RIGHT-OF-WAY IN BAY BOULEVARD TO THE CITY OF SAN DIEGO AS NECESSARY FOR THE SOUTH BAY SEWER PUMP STATION, SOUTH BAY SEWER, AND APPURTENANCES The City of Chula Vista and the City of San Diego entered into a Memorandum of Understanding concerning the location and construction of the South Bay Sewer Pump Station in March of 2000. Adoption of the resolution grants the easement to the City of San Diego as conditioned in the Memorandum of Understanding. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda http://www .chulavistaca.gov October 10, 2006 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $590,173 IN UNUSED GRANT FUNDS TO THE FISCAL YEAR 2007 STATE GRANT FUND (4/5THS VOTE REQUIRED) Adoption of the resolution carries forward $590, I 73 in unused grant funds from Fiscal Year 2006 to Fiscal Year 2007. The Community-Based Transportation Planning grant is State funded and will provide up to $20 I ,560 for the Eastern University District Transit Plan. The Transportation Demand Management grant is Air Pollution Control District funded and will provide $388,613 for traffic congestion reduction. (Planning & Building 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. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 5. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TO ADD THE PROHIBITION OF SMOKING IN CITY PARKS (Continued from September 26, 2006) The Council asked staff to analyze the effects of smoking in City parks at the November 15, 2005 Council meeting. Furthermore, the Parks and Recreation Commission also independently asked staff to look at banning smoking in parks. Based on staff's analysis, it is recommended that smoking be prohibited in City parks. (Public Works Operations Director) Staff recommendation: Council conduct the public hearing and place the following ordinances on first reading: A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN FRIENDSHIP PARK (FIRST READING) Page 3 - Council Agenda http://www .chulavistaca. gOY October 10, 2006 B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF INDEPENDENCE PARK AND RANCHO DEL REY PARK (FIRST READING) C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF MEMORIAL PARK AND DISCOVERY PARK(FIRST READING) D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.30 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF ANY CITY PARK NOT SPECIFICALLY DESIGNATED IN THIS SECTION (FIRST READING) 6. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TO ADD THE REQUIREMENT FOR PHYSICIANS TO PROVIDE PROOF OF CURRENT MEDICAL LICENSE PRIOR TO ISSUANCE OF A CHULA VISTA BUSINESS LICENSE (Continued from September 26, 2006) Staff recommendation: Council continue the public hearing to October 24, 2006 (Planning & Building Director). 7. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TITLE 6, "ANIMALS" TO INCLUDE PUBLIC SALE OF CATS AND DOGS PROHIBITED (CVMC 6.30.020) AND PUBLIC SALE OF CHICKS AND RABBITS RESTRICTED (CVMC 6.30.030) Staff recommendation: Council continue the public hearing to October 24, 2006 (General Services Director). ACTION ITEM The item listed in this section of the agenda is expected to elicit discussion and deliberation. Jf 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. 7:00 P.M. 8. INTERVIEWS AND APPOINTMENT TO FILL ONE VACANCY ON THE PLANNING COMMISSION Page 4 - Council Agenda http://www .chulavistaca.gov October 10, 2006 OTHER BUSINESS 9. CITY MANAGER'S REPORTS 10. MAYOR'S REPORTS Consideration of Council's support of Proposition 86. 11. 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). 12. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One Case ADJOURNMENT to the Regular Meeting on October 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 5 - Council Agenda http://www.chulavistaca.gov October 10, 2006 " 02 October 2006 Mayor Steve Padilla City Council of Chula Vista Board Members 276 4th Ave. Chula Vista, CA 91911 . Mayor Padilla and Honorable Council Members, I am submitting my Voluntary Resignation from the Veterans Advisory Committee effective immediately. My work responsibilities has significantly increased to include other services (Army, Air Force and National Guard) as clients in addition to Navy. As a IT Project Manager, IT Business Manager and IT Relationship Manager, I will be supporting clients globally within and outside the continental United States in a demanding Customer Service and Change Management environment. As a result, the right thing to do is for me to submit my voluntary resignation so a vacancy can be created. Sincerely, a2"y / L);,...o Elroy R. Kihano Copy to: John McCann, Deputy Mayor Patricia E. Chavez, Councilmember Jerry R Rindone, Councilmember Steve Castaneda, Councilmember -1- COUNCIL AGENDA STATEMENT /] Item ~ Meeting Date 10/10/06 ITEM TITLE: Resolution approving a Grant of Easements and Maintenance Agreement between General Growth Properties (GGP) - Otay Ranch, L.P., a Delaware limited partnership, and the qityofChula Vista, for the Otay Ranch Town Center shopping center proj ect, and ~uthorizing the Mayor to execute said Agreement. Acting Director of En7ngf'O, Interim City Manager d' (4/5thsVote: Yes_NolO SUBMITTED BY: REVIEWED BY: The Final Map (Number 15037) for The Town Center shopping center project ("The Town Center"), along with a Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement, was approved by City Council on May 24, 2005 (Resolution 2005-165). The project is generally located at the northwest corner of Eastlake Parkway and Birch Road (Attachment I), and will consist of major department stores and smaller commercial vendors sharing the site. The Grant of Easements and Maintenance agreement, required by the Supplemental Subdivision Improvement Agreement (SSIA), is now before Council for consideration and approval. This agreement sets forth specific obligations and responsibilities for the maintenance of certain landscaping improvements and facilities adjacent to the project and within the City right of way. RECOMMENDATION: That the City Council adopt the resolution approving a Grant of Easements and Maintenance Agreement between General Growth Properties (GGP) - Otay Ranch, L.P., a Delaware limited partnership, and the City ofChula Vista, for the OtayRanch Town Center shopping center project, and authorizing the Mayor to execute said Agreement. BOARDS AJ'!D COMMISSIONS: N/A DISCUSSION: The project is located west of East lake Parkway, south of Olympic Parkway, north of Birch Road and east ofSR-125, and consists of six numbered lots and one lettered lot, totaling a gross area of91.34 acres. The Grant of Easements and Maintenance Agreement establishes specific obligations and responsibilities for GGP - Otay Ranch, L.P., the owner and developer of the project, regarding the permanent maintenance oflandscaping and all associated irrigation systems within the public right of way adjacent to the project along Eastlake Parkway and Birch Road as further described in Exhibits "B" and "C" of Attachment 2. In addition, the agreement establishes specific obligations and responsibilities for GGP - Otay Ranch, L.P., regarding the temporary maintenance of landscaping and all associated irrigation systems within the public right of way along Town Center Drive and the southern side of Birch Road as further described in Exhibits "B" and "C" of Attachment 2. These temporary obligations of GGP - Otay Ranch L.P. would expire as adjacent sites develop and are required by the City to maintain those portions of parkway and landscaped medians along their respective frontage. 2-1 Page 2, Item :2- Meeting Date 10/10/06 ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in previously adopted Environmental Impact Report EIR-02-04 and associated addendum. Thus, no further environmental review or documentation is necessary. .,. , DECISION MAKER CONFLICTS: Staffhas reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT: None to the City. All of the maintenance, and any costs associated with it, will be the responsibility of GGP - Otay Ranch, L.P. All staff costs associated with the proposed agreements will be reimbursed from the developer's deposits. Attachments: 1: Vicinity Map of The Town Center Also Attached: Grant of Easement and Maintenance Agreement J :\Engineer\AGENDA \CAS2006\1 0-1 0-06\A 113 -Zl'antEasement.doc 2-2 ._--~-.-.---.- --'~..' -- - --." ..-.. ..- ---. . -.. _. _ '_~_" .-. .-. '-_'._._.~'._._.'_' '."H..'. / ATTACHMENT 1 , , J . Ml U .~ 5'1: OR~I!GE: A.. MAIl! Sl" . UNITEDSi A TES -"MEXICO VICINITY MAP NO SCALE c2-3 l RESOLUTION NO. 2006- RESOLUTION APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN GENERAL GROWTH PROPERTIES (GGP) - OTAY RANCH, L.P., A DELAWARE LIMITED PARTNERSHIP, AND THE CITY OF CHtJLA VISTA, FOR THE OTAY RANCH TOWN CENTER SHOI"l'ING CENTER PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, GGP - Otay Ranch, L.P, ("Owner") has received approval of a parcel map for The Town Center shopping center, Tentative Parcel Map No. 05-02, totaling 91.34 acres; and WHEREAS, the Owner has entered into a Supplemental Subdivision Improvement Agreement in which it has agreed to maintain certain areas of the public right-of-way; and WHEREAS, the Grant of Easements and Maintenance Agreement sets forth the obligations of the Owner and subsequent Transferees in maintaining landscaping within the public right-of-way; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Grant of Easements and Maintenance Agreement between GGP - Otay Ranch, L.P., and the City of Chula Vista for the maintenance of public right-of-way along the frontage of the Town Center shopping center, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Leah Browder Acting Director of Engineering H:\ENGINEERIRESOSlResos2006\ I 0-1 0-06IReso Grant Easmnt.doc 2-4 I THE ATTACHED AGREENlENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL , , Dated: /of/{J b Grant of Easements and Maintenance Agreement Chula Vista Tract No. 05-02 (Dedicated Easements) Between the City ofChula Vista and GGP - Otay Ranch, L.P. 2-5 I I I Recording Requested by and Please Return to: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 .....~ This Instrument Benefits City Only. No Fee Required. 5 This Space for Recorder's Use Only C.V. File No.: OR-254F GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 05-02 (DEDICATED EASEMENTS) This GRANT OF EASEMENTS Iu"iD I'vIAINTENANCE AGREEMENT ("Agreement") is made as of this day of , 2006, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and GGP - Otay Ranch, L.P., a Delaware limited partnership ("Developer"). RECITALS A. This Agreement concerns and affects certain improvements within and adjacent to the real property located in Chula Vista, California, more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is to be developed into a planned open air regional shopping mall to be known as Otay Ranch Town Center (the "Project"). B. The Property is covered by Final Map No. 15037 (the "Final Map") approved by City Council Resolution No. 2005-165 ("City Resolution"). C. Developer is the owner of record of the Project. D. In order for Developer to obtain the Final Map and for the City to have assurance that the maintenance of certain public areas within and adjacent to the Project would be provided for, the City and Developer or Developer's predecessor-in-interest entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which Developer has agreed that maintenance of such areas shall be accomplished by an entity acceptable to the City. Exhibit "B" attached hereto describes those particular areas which were dedicated to the public on the Final Map or by separate instrument, but which include landscaping and drainage I 2-6 , I , improvements to be maintained by the Developer. The public areas to be maintained by the Developer are collectively referred to as the "Developer Maintained Public Areas"). E. The City desires to grant to Developer easements for landscape maintenance purposes upon, over and across the Developer Maintained j?ublic Areas as shown on Exhibit "B" in order to facilitate the obligations of Developer as set fo#h in Suppl=ental Subdivision Improvement Agre=ent, adopted pursuant to the City Resolution.2005-165. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. 1. Grant of Easements. The City hereby grants to Developer and its agents, successors and assigns, the following easements over the Developer Maintained Public Areas: Non-exclusive eas=ents and rights-of-way over and across those public rights-of-way described on Exhibit "B" for purpose of constructing, maintaining, repairing and replacing the following: the landscaping within portions of public rights-of way and public access easements as shown and described on Exhibit "B" attached hereto. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 12.6 below. 2. Maintenance Responsibilities. Developer hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the Developer Maintained Public Areas which are described on Exhibit "B" attached hereto, at a level of maintenance acceptable to the Director of Public Works Operations, in his/her reasonable discretion, which level of maintenance shall be equivalent to the level of other City or Community Facilities District maintained right-of-way facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the provision of irrigation water, and replacement obligations described herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of City. 3. Insurance. 3.1 Developer Insurance. Developer procures and formally resolves to maintain at its sole cost and expense, commencing no later than the date that both the City's landscape architect of record and City landscape inspection staff agree in writing that all installation work has been completed and that the maintenance/establishment operations have been completed as specified in the Project's construction documents, a policy of public liability insurance that would include, but is not limited to the following: (a) General Liability Insurance. The Developer shall obtain a comprehensive general liability and property damage insurance policy insuring the Developer against liability incident to ownership or use of the , ! damage anslllg out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best "A-, Class VII" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasoIfable basis: (i.) The City of Chu1a Vista shall be'~amed as an additional insured party to such insurance pursuant to the City's requirements; (ii.) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (iii.) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability". The Developer shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 4. Assi!!nment bv Developer and Release of Developer. 4.1 Assi!!nment. Upon request of the Developer, any or all maintenance obligations set forth herein may be assigned to a Transferee if the City Manager in hisiher sole but good faith discretion determines that such an assignment will not adversely affect the City's interests. Upon Developer's transfer with City's written permission of certain Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the Developer from its obligations only if all of the following occur: (i) Transferee Accepts Obli!!ation. The Transferee has unconditionally accepted and assumed all of the Developer's obligations under this Agreement in writing, such assignment provides that the burden of this Agre=ent remains a covenant running with the land, and the Transferee expressly assumes the obligations of the Developer under this Agre=ent. (ii) Transferee Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3.1 above. The Transferee shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. 4.2 Release. When all conditions precedent in Paragraph 4.1 are fulfilled, the Developer shall be released from its obligations under this Agreement, including its insurance and any security requirements. At least sixty (60) days prior to such transfer, 3 2-8 I " Developer shall give notice to the City of Developer's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4.1. 5. Indemnity. The Developer shall defend, indemify, and hold harmless the City, its officers, agents and employees, from any and all actions, ~uits, claims, damages to persons or property, costs including attorney's fees, penalties, obligation~, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), that' may be asserted or claimed by any person, firm, or entity because of or arising out of or in connection with Developer's failure to properly construct, or perform the maintenance and/or repair of the Developer Maintained Public Areas as herein required. The Developer shall not have any liability under this section by reason of the Transferee's failure to maintain. 6. Indemnity If Transferee. The document whereby the Developer transfers a Maintenance obligation to a Transferee shall be signed by both the Developer and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: 6.1 Indemnity. The Transferee shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not be amended without the written consent of the City Director of Planning and Building or the City Attorney. 7. Al!reement Applicable to Subsequent Owners. 7.1 Al!reement Bindinl! Upon Anv Successive Parties. This Agreement shall be binding upon the Developer and any Transferees upon transfer of the maintenance obligations. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 7.2 Al!reement Runs 'With the Land. The burden of the covenants contained in this Agreement is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 4 2-9 I , I 8. Governin2: Law. This Agreement shall be governed and construed in accordance with tbe laws of tbe State of California. 9. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official ~ecords of the San Diego County Recorder's Office. . " . ., , 10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 11. Recordin\!:. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office not later than 30 days from the date of tbe Council approval of this Agreement. 12. Miscellaneous Provisions. 12.1 Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement or within one (1) business day after deposit within a nationally recognized overnight courier. A patty may change such address for tbe purpose of this Paragraph by giving written notice of such change to the other party. If to City: CITY OF CHULA VISTA Department of Engineering 276 Fourtb Avenue Chula Vista, CA 91910 Attn: Deputy Director of Engineering lito the DEVELOPER: GGP - Otay Ranch, L.P. 110 Nortb Wacker drive Chicago, Illinois 60606 Attn: General Counsel Telephone: (312) 960-5000 Facsimile No.: (312) 960-5475 12.2 Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. 5 2-10 I ! 12.3 Entire A!!reement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agre=ents, understandings andlor statements shall be of no force and effect. This Agreement is not intended to supersede or amend any o,ther agreement between the parties unless expressly noted. " .'. . , 12.4 Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 12.5 Compliance With Laws. In the performance of its obligations under this Agre=ent, the parties, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, pennits and approvals. 12.6 Authoritv of Si!!natories. 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 Agre=ent, and that all resolutions andlor other actions have been taken so as to enable said signatory to enter into this Agreement. 12.7 Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. 12.8 Severabilitv. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. 12.9 Preparation of A!!reement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared andlor drafted this Agre=ent. It shall be conclusively presumed that both parties participated equally in the preparation andlor drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agre=ent to be executed the day and year first set forth above. (next page is Signature Page) 6 2-11 / I I Signature Page G-6-P - Om.., ?4v"'-'"l L. ? to Agreement between City of Chula Vista and CIC LooliQ:l_, L.P. For Grant of Easements and Maintenance Agreement (Dedicated Easements) 66-7- OTR-(~c:..? IN WITNESS WHEREOF, City and ~IC L~"tl.d-.~, L.r, have executed this Agreement thereby indicating that they have read and understood same, an,iindicate their full and complete consent to its terms: City of Chula Vista By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: GGP - Otay Ranch, L.P., a Delaware limited partnership By: GGP - Otay Ranch, L.L.C., a Delaware limited liability company, its General Partner By: GGP / Homart II L.L.C., a Delaware limited liability company, its sole member By:a~ 1/ Authorized Officer 7 2-12 f " STATE OF ILLINOIS ) ) SS. ) COUNTY OF COOK On I Lv. k c.. C oY'~ , a Notary Public, person ly appeared L. =t ..i , personally known to me (or proved to me on the basis of satisfactory evidence) to be the personEs) whose name(s) is/are subscribed to the within instrument and acknowledged to me thathe/ste/they executed the same in mslher/their authorized capacity(ies), and that by mslher/their signature(s) on the instrument the person(s), or entity upon behalf ofwmch the person(s) acted, executed the instrument. WITNE S my hand and official seal. "OFFICIAL SEAL" LtSLEE C TORNABENI "0 tary Public, Slate of minois My Commission Expires 11/412009 Signature of Notary Public Place Notary Seal Above STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On , 2005, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in mslher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or entity upon behalf ofwmch the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Place Notary Seal Above 2-13 f ~ Exhibits Exhibit A",.........................................,............................................... Legal Description of Property Exhibit B and Exhibit B-l........................................................:Developer Maintained Public Areas :'~. ,. Exhibit C .................................................................... Description of Maintenance Responsibilities 2-14 Exhibit "A" Legal Description of Developer's Property Otay Ranch Town Center. : ~... , LOTS 1 THROUGH 6 OF CHULA VISTA TRACT NO. 05-02, OT A Y RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA, ACCORDING TO MAP THEREOF NO. 15037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 30, 2005 2-15 f I WHQEII Uclill.lUl "" I ~ m OTAY RANCH TOWN CENTER GENERAL GROWTH PROPERTIES MAINTENANCE RESPONSIBILITY MAP fUTUIIE Hl-l (lIAY IlAHCH COW'A1lY , '" 2i /!! fiJ l ~ "' '" ., lli u:gNlL _. PERMANENT MAINTENANCE AREA _ TEMPORARY MAINTENANCE AREA '41.AllEl1 BROllKJ'"IaDllOllfS 'rtlLUllEtl IlI1na<FlaIl UD,l,t.ES -----=' '. 1 l/I!ml ~ L_ ~' !~' t:IlAPIDC Sl:AII: I'" ~OO' TCB AECOM P.tD CONSULTANJS ............ a9.5~ RIO SAN /JIEGO DRIVE, j'/J/TE 6/(1 s.w DlnIO. CALIFORNIA fUIOfJ T 619..29/_'-.03 F 1i19_291.I..o5 1I1flr.TCBAECOJI.COJ,J , , I Exhibit "C" Description of Maintenance Responsibilities Otay Ranch Town Center . City AREAS DEVELOPER MAINTAINS Maintains - Landscaped parkways along All landscaping and irrigation Public facilities not being the westerly side of East lake improvements (including maintained by Developer Parkway, and full landscaped landscape, provision of such as: concrete sidewalks, median improvements on irrigation water, and irrigated curbs, street lights, asphalt Eastlake Parkway between improvements) to be and appurtenant equipment, Kestrel Falls and Birch Road. maintained and replaced at a traffic signals and directional level equal to or better than the signs and appurtenant - Northerly and southerly level of maintenance and equipment and line painting landscaped parkways, full replacement acceptable to the and street drainage. landscaped medians, along Director of Public Works Birch Road until such time Operations, at IDs/her good that the City approves a faith discretion, equivalent to different fmancing mechanism other City or Community for maintaining said southerly Facilities District maintained parkways and fair share of right-of-way facilities. median improvements. - Landscape improvements located within the proposed BRT right-of-way until such time that this right-of-way is ultimately conveyed to SANDAG - Easterly and westerly landscaped parkways and full landscaped median along Town Center Drive until such time that the City approves a different financing mechanism for maintaining said imnrovements. " 2-17 'f COUNCIL AGENDA STATEMENT Item 3 Meeting Date: 10/10/06 ITEM TITLE: Resolution Granting an easement over a portion of City right- of-way in Bay Boulevard to the City i:>f San Diego for Sewer Purposes as necessary for the South Bay Sewer Pump Station, South Bay Sewer and Appurtenances and authorizing the Mayor and City Clerk to execute the necessary Easement Deed. SUBMITTED BY; Acting Director of Engineering'-JV /( REVIEWED BY: Interim City Manager JI (4/5ths Vote:_No ~ The City of Chula Vista and the City of San Diego entered into a Memorandum of Understanding concerning the location and construction of the South Bay Sewer Pump Station In March 2000. The granting of this easement to the City of San Diego is a condition of that Memorandum of Understanding. RECOMMENDATION: That the City Council adopt the Resolution Granting the Easement to the City of San Diego and authorizing the Mayor and City Clerk to execute the necessary Easement Deed. BOARDS/COMMISSION: N/A DISCUSSION: In March 2000 the City of Chula Vista and the City of San Diego entered into a Memorandum of Understanding concerning the location and construction of a South Bay Pump Station necessary to the Metropolitan Sewer System. In that memorandum, the City of San Diego agreed to recommend the City of Chula Vista's preferred location for the construction of the South Bay sewer pump station. In exchange the City of Chula Vista agreed to grant to the City of San Diego, at no cost, the required easements within Chula Vista right-of-way for the pump station and for the entire pipeline alignment within the City of Chula Vista. The only option for alignment of this pipeline is within existing Bay Boulevard from Main Street north to D Street. The City of San Diego is not sure when they will construct this facility but have indicated that it will not be for some years. Because of this uncertainty as well as potential changes in the location of Bay Boulevard due to development of the bay front, staff proposed and got approval from the City of San Diego to include the following language in the Grant of Easement: "The parties herby agree and acknowledge that should future improvements or development make the location of the easement granted herein, impractical or un-usable, The City of Chula Vista will provide to the City of San Diego, a replacement eas=ent of comparable size in a location that meets with the approval ofthe City of San Diego and that said approval will not be umeasonably withheld. Upon acceptance of said replacement easement, the City of San Diego agrees to vacate the easement granted herein." ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section l5378(b)(5) of the 3-1 I Page 2, Item 3 Meeting Date 10/1 0/06 State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City Council Members for conflicts and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. '.. FISCAL IMPACT: None Attachments: Attachment A: Easement Deed Attachment B: Memorandum of Understanding J:\EngineerIAGENDA\CAS2006\1 0-1 0-06\san diego bay sewer,doc 3-2 Recording Requested by: City Clerk r ATTACH M EN.L A After recording mail to: City Clerk City of San Diego Mail Station 2A I I 0 PTN .' SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE. R&T 11922 (amended) Presented for record by the CITY OF SAN DIEGO SEWER EASEMENT DEED For and in consideration of a valuable consideration CITY OF CHULA VISTA, a municipal corporation HEREBY GRANTS to the City of San Diego, a municipal corporation, in the County of San Diego, State of California, the permanent easement and right of way to construct, reconstruct, maintain, operate and repair a public sewer or sewers, including any or all incidents and appurtenances thereto, together with the right of ingress and egress, over, under, upon, along and across all that real property situated in the City of San Diego, County of San Diego, State of California, described as follows: (See Attached Legal Description - Exhibit "An) Reserving unto Grantor herein, their heirs and assigns, the continued use of the above described parcel of land subject to the following conditions: The erecting of buildings, masonry walls, fences and other structures; the planting or growing of trees; the changing of the surface grade; and the installation of privately-owned pipelines shall be prohibited except by written permission of the City of San Diego. The part; es hereby agree and acknowl edge that shaul d future improvements or development make the location of the easement granted herein impractical or un-usable, the City of Chula Vista will provide to the City of San Diego a replacement easement of comparable size in a location that meets with the approval of the City of San Diego, and that said approval will not be unreasonably withheld. Upon acceptance of said replacement easement, the City of San Diego agrees to vacate the easement granted herein. This is to certify that the interest in real CITY OF CHULA VISTA, a municipal corporation property conveyed by this instrument to the City of San Diego, a municipal corporation, is hereby accepted by the undersigned officer on behal f of the Ci ty of San Di ego pursuant By : to authority conferred by Resolution No. 250320, adopted by the Council of the City of San Diego on October 1, 1979, and the grantee consents to recordation thereof by its duly By: authorized officer. Dated: By: James F. Barwick, Director Real Estate Assets Department South Bay Pump Station and Conveyance System/Job:522336/Dwg: 30998/s1g/06-30-2006 3-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Ca[ifomia } ss, County of " , On before me, Oate Name and rrtleotOlficar(B.g" "JaneOoe, Notary Publici personally appeared Name(s)ofSignerls) o personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signeturl!lot Notary Public OPT/ONAL Though the information below;s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Tit[e or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . Top al thume here o individual o Corporate Offcer - Tit[e(s): o Partner - 0 Limited 0 Genera[ o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Signer [s Representing: C 1999 National NotaryAasociaticn' 9350 De Solo Ave., P.O. Sox 2402. Chatsworth, CA 91313.2402. www.nationalnotary.org Prod. Nc. 5907 Reorder:CaIlToll.Frlls1-800-876-6B27 3-4 Page 1 of 2 "SEWER EASEMENT ACQUISITION" All that portion of Frontage Road (yV est), Anita Street, Bay fioulevard, and D Street, in the City of Chula Vista, the County of San Diego, The State of CalifoInia; being a strip ofland 10.00 feet , wide, the centerline of which is described as follows: Co=encing at the intersection of the centerline of Main Street and the 18.00 foot offset line of Frontage Road (yVest) as shown on Ros 11896, filed on 11/03/1988 in the Office of the County Recorder of San Diego County; Thence South 87"54'56" East 7.35 to the True Point of Beginning; Thence North 19 "48'06" East 882.20 feet to the beginning of a tangent CUIVe having a radius of 504.36 feet, concave northwesterly; Thence northerly along said curve 172.25 feet, through a central angle of 19 "34'04"; Thence North 00" 14'03" West, 325.99 feet; Thence North 88"00'51" West 394.18 feet; Thence North 14 "50'39" West, 193.07feetto the beginning of a tangent CUIVe having a radius of 607.00 feet, concave southwesterly; Thence northwesterly along said CUIVe 162.97 feet through a central angle of 15 "23'00'; Thence North 30" 13'39" West, 521.15 feet to the beginning of a tangent CUIVe having a radius of 493.00 feet, concave northeasterly; Thence northwesterly and westerly along said CUIVe 283.70 feet through a central angle of32" 58'18"; Thence North 02 "44'39" East, 1,101.73 feet to an intersection with the northerly line of Palomar Street (formerly Eighth Street) as shown on said Map 1349; Thence North 02 "42'46" East, 2,373.48 feet to an intersection with the northerly line of Moss Street as shown on Map 5986, flled on 10/19/1967 in the Office of the County Recorder of San Diego County; Thence continuing North 02 "42'46" East 455.52 feet; Thence North 02 002'39" East 264.83 feet; Thence North 02033'02" East 316.28 feet to the beginning of a tangent CUIVe having a radius of 1,885.00 feet, concave westerly; Thence northerly along said CUIVe 249.99 feet through a central angle of 07"35'55"; Thence North 05002'53" West 415.25 feet; Thence North 05029'33" West 257.31 feet; Thence North 03039'08" West 205.26 feet; Thence North 01 "26'30" West 419.19 feet, to the beginning of a tangent CUIVe having a radius of 1,032.00 feet, concave southwesterly; Thence northwesterly along said curve 354.32 feet through a central angle ofl9"40'19"; Thence North 21 "06'49" West 360.19 feet, to the beginning ofa tangent CUIVe having a radius of 424.00 feet, concave southwesterly; Thence northwesterly along said CUIVe 366.86 feet through a central angle of 49 "34'26" to the beginning of a tangent CUIVe, having a radius of 40 1.00 feet, concave northeasterly; Thence along the arc of said CUIVe a distance of379.28 feet through a central angle of 54 0 11 '31"; Thence North 16029'43" West 146.39 feet; to an intersection with the centerline of J Street as shown on Parcel Map 13581, filed on 12/06/1984, in the Office of the County Recorder of San Diego County; Thence North 17"33'43" West 198.84 feet to the beginning of a tangent CUIVe having a radius of 296.00 feet, concave easterly; Thence northwesterly, westerly and northeasterly along said curve 232.78 feet through a central angle of 45 "03'27"; Thence North 27" 29'44" East, 134.99 feet to the beginning of a tangent curve having a radius of 304.00 feet, concave northwesterly; Thence northeasterly and westerly along said CUIVe 214.46 feet through a central angle of 40 o 25'14";Thence North 12" 55'29" West 389 AO feet; Thence North 15001 '39" West 97.49 feet; Thence North 12031'30" West 143.97 feet; Thence North 12 "33'22" West 329.64 feet to the beginning of a tangent curve having a radius of 1,527.00 feet, concave southwesterly; Thence northwesterly along said curve 3-5 f Page 2 of 2 383.92 feet through a central angle of 14 024'20"; Thence North 26047'59" West 619.75 feet; to an intersection with the centerline ofH Street as shown on Bay Villa Tract Map 1198, dated 07/30/1909, on file in the Office of the County Recorder of SiID Diego County; Thence North Or26'02" West 159.83 to the beginning ofa tangent curve having a radius of 1,569.00 feet, concave southwesterly; Thence northwesterly along said curve 166.38 feet through a central angle of 06 004'33'; Thence North 13 030'35" West 755.43 feet; Thence North 16038'33" West 245.91 feet to an intersection with the easterly prolongation of the centerline of G Street as shown on RoS 4585, filed on 02/13/1958 in the Office of the County Recorder of San Diego County; Thence continuing North 16038'33" West 146.98 feet; Thence North 18008'47" West 427.45 feet, to the beginning of a tangent curve having a radius of 2,004.00 feet, concave southwesterly; Thence northwesterly along said curve 255.27 feet through a central angle of or 17'54"; Thence North 25 026'41" West 128.22 feet; Thence North 25032'18" West 322.73 feet; Thence North 23017'57" West 80.67 feet to the beginning of a tangent curve having a radius of 283.20 feet, concave southwesterly; Thence northwesterly along said curve 205.80 feet through a central angle of 41038'09"; Thence North 64058'23" West 111.42 feet to the beginning of a tangent curve having a radius of 291.00 feet, concave northeasterly; Thence northwesterly and northerly along said curve 196.67 feet through a central angle of38 043'19" to the beginning of a tangent curve, having a radius of 1,491.00 feet; Thence along the arc of said curve a distance of219.04 feet, through a central angle of 08 025'02"; Thence North 17050'02" West 643.23 feet; to an intersection with the centerline ofE Street as shown on Parcel Map 2567, filed on 04/18/1973 in the Office of the County Recorder of San Diego County; Thence continuing North 17 0 50'02" West 384.86 feet; Thence North 17 042'38" West 943.42 feet to an intersection with the westerly prolongation of the centerline ofD Street as shown on Marlborough Heights Map 1336, filed on OS/25/1911, in the Office of the County Recorder of San Diego County. Side lines to terminate on the South: at an intersection with center line of Main Street and on the North: at an intersection with the westerly prolongation of the centerline ofD Street. Said easement contains 187,399.26 sq. ft.( 4.302095 acres) See City of San Diego Drawing No. 30998-D ~ti~ Lester E. Carter Jr., 1>LS 6148 Sr. Land Surveyor, Field Engineering My Registration Expires 3/31/06 i-- O~~2co2-- Date file: sbaYJev.wpd w.o. 192155 04/05/02 - dgb 3-6 ," -. ~:_. i~' ATTACHMENT e , , MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA CONCERNING THE LOCATI;ON AND "CONSTRUCTION OFA SOUTH BAY PUMP STATION NECESSARY TO THE METROPOLITAN SEWERAGE SYSTEM ~ RECITALS A. The City of San Diego [San Diego] is the o-wner and operator ofthe Metropolitan Sewerage System [MSS], with responsibilities to plan, design, construct, operate, and maintain the sewerage system to' complY with all applicable laws; , B. San Diego has agreed to accept and treat sewage from other agencies [participating AgenCies] pursuant to a Regional Wastewater Disposal Agreement, dated May 18, 1998, on file in;the Office of the San Diego City Clerk as Document No. 00-18517; C. San Diego requird 'a site to construct a sewage pump station [South Bay Pump Station] in the vicinity of the intersection of the Sweetwater River and lnterstate 5 to provide additkmal hydraulic capacity to the MSS; D. The City of Chula Vista [Chula Vista] is a Participating Agency under the agreement referenced in Recital B; E.Chula V ista is pursuing ari ongoing redevelopment through a master plan of its bayfront. Such redevelopment includes a potential site under consideration for the South Bay Pump Station; and F. San Diego and Chula Vista desire to cooperate in efforts to study and acquire a suitable site to construct and operate the South Bay Pump Station that is compatible with the economic needs and hydraulic capacityofthe MSS as well as the economic viability of the planned redevelopment. NOW, THEREFORE, the City of SanDiego and the City of Chula Vista hereby agree as follows: 1. The City of San Diego has identified four potential sites for the South Bay Pump Station noted as Site Nos. 1,2,9, and 10, all as referenced in the attached 1-.-1ap Exhibit A , ,which is incorporated heretn by this reference. ' Site Nos. 1 and 2 are located within the City ofChula VDOCuN'EPiT 'S{.- 2927'79 2. 3-7 FILED ~ 2 '2 ?OOO O~~~~~ OF TliE C:"iY CL:r:<, " I '. 4. The City of San Diego agrees to recommend Site No.1 as the pl'eferred site and to commence preparation of all necessary environmental documents with Site No.1 so designated. ' The City of San Diego. agrees nat to recommend acqnisit,ionof Site No. 2 contingent upon satisfactory performance of the commitments in P::tragraph 5; provided, howelo'er, the City of San Diego reserves the right to analyze Site No.2 as an "alternative" in its Environmental Impact Report for the proj ect. - 3. 5. To facilitate the location of the South Bay Pum.p Station at Site No.1, the City of Chula Vista agrees to: - a. Allow an open trench (instead of tunneling) for the certain portions of the pipeline alignment reflected on the attached Exhibit B incorporated herein by this reference. b. Allow an aiterriative pipeline alignment, which will significantly reduce the length and costs dthe pipeline, as reflected on the attached Exhibit B. c. Provide at no cost the re uired easements within e exi ting Chula Vista rig t-of-way for the pump station and entire pipeline alignment within the City ofChula Vista, including but not limited to: (i) a 3o.-foot wide access easement from Woodlawn Avenue/Sea Vale Drive into Site No.1; (ii) a 70.- foot wide temporary construction, easement and a 30.-foot wide permanent -- easement along the entire pipeline alignment through the City of Chula Vista; and (iii) a 3o.cfoot wide permanent easement and a 70-foot wide construction easement through Site No.2, such easements to be coordinated with Chula Vista so as nollo interfere with Site No.2 development. All easements shall be fmalized within !We v fthe . ., certification of - - t e envrronmental document. Any easements required with respect to private 'property shall be acquired by San Diego at no cost to ~hula Vista. d. Arrange for the delivery from third parties wetjand mitigation credits to mitigate any environmental impacts associated with Site No.1. e. Chula Vista shall provide an education and outreach program on the pump station and pipeline within Chula Vista to gamer public and political support for the proposed project. Such program shall include workshops and hearings on the Environmental Impact Report, and response to public inquiries and complaints during construction. San Diego shall provide Chula Vista with all necessary information to implemenlthe program. The public outreach pro grain shaH contain the following elements, at a minimum: (i) quarterly newsletter _ draft, develop, publish, and distribute a quarterly newsletter to keep key audiences informed about siting and construction issues; (ii) 'hot line _ set up and maintain a hot line for affected and other residents; and (iii) public meetings - hold one public meeting during the environmental document preparation, and hold three to five meetings during the 3~ f f construction period, to inform residents and answer any concerns on the project, including the use of heavy equipment, noise issues, use of chemicals; and other problems having to do with construction of the pUDlp'station on Site No. 1. / . . ,~ .' ' f. (i Waive all p,ermit processing and impact fee costs which would otherwise be ' required by the City of Chula Vista for the project to the extent permitted by \ law, including but not limited to the following: Building Permit fees; Grading r 'Permit fees; Conditional Use Permit fees; Initial Study Application fees; ! Tentative Map fees; Final Map fees; Sewer hook-up fees; and Design \ Review fees. g. Facilitate processing and acquisition of any and all necessary local permits, including but not limited to all permits and exactions listed above. h. ' ' Facilitate processing arid acquisition of all required variances, including put not limited to the following: Set-back variances for access road and structure; Fire Code variance, Set-back and turning radius variances, and a Landscape variance. 1. ' Allow the City of San Diego Metropolitan Wastewater Department [MWWDJ to relocate or replace Chula Vista utilities, including surface improvements, along the selected pipeline alignment. j. Support the condemnation of Site No;' I, if required, and provide staff support, at no cost, to facilitate MWWD's acquisition of Site No. 1. k. Provide staff support, at no cost, to facilitate dedication of the Spring Valley Sanitation District parcel. 1. Assist MWWD in identifying other viable sites in Chula Vista should Site No. I not be viable, to begin immediately after completion of the environmental document. m. Provide staff support, at no cost, to review draft environmental documents and associated correspondence in a timely manner. n. ! Allow MWWD's responsibility for repavement over pipeline trenches within 't( the City of Chula Vista streets to be limited to requirements established in the San Diego Area Regional Standard Drmvings, with no requirement for additional repaving of streets at the expense of the City of San Diego beyond these standard requirements. 6. Both the City of San Diego and the City of Chula Vista agree that time is of the essence in completing the acquisition of a suitable site for the South Bay Pump Station. Chula Vista agrees to exercise best efforts to perform the tasks described above in a timely manner consistent with the development timeline of the project. ' 3-9 7. " 8. In the .event that the CitY of Chula Vista fails to satisfy any of its obligations hereunder, the City of San Diego, after first giving the City of Chula Vista due notice and a reasonable opportunity to cure such failure, shall have the right to perform such unsatisfied obligation itself, and tp obtain reimburse)Ilent from the City of Chula Vista for the reasonable cost of such performance. ": Notwithstanding the above, the' City of San Diego reserves the right to initiate acquisition of Site No.2 upon the breach of any requirement in Section 5; in such event, the City of Chula Vista reserves the right to challenge. same. 9. , San Diego acknowledges and agrees that, notWithstanding the terms ,and conditions of "this Memorandum of Understanding [MOU], Chula Vista reserves its discretion to approve or disapprove all future actions contemplated hereby which require by law the exerCise of discretion and which Chula Vista cannot lawfully commit to by contract [collectively, "Discretionary Actions"). Such reservation of discretion shall apply to all contemplated legislative and quasi,-legislative actions including, withput limitation,' approval ofland use entitlements and variances, CEQA compliance, code enforcement, building permits, and the making offindings and determinations -required by law. In the event that Chula Vista takes or fails to take any Discretionary Action with respect to the subject matter of this MOU, any such action or inaction shall not constitute a breach of ChulaVista'sobligations' under this MOU. ' 10. In the event suit is brought upon this Memorandum of Understanding to enforce its terms, the prevailing party shall be entitled to the cost of said suit and a reasonable sum as attorney's fees from the losing party. ' 11. This Memorandum of Understanding represents the entire understanding of the City of, Chula Vista and the City of San Diego as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Memorandum of Understanding may not be modified or altered exc.ept in writing signed by both parties. IN WITNESS WHEREOF, this Memorandum of Understanding is executed by the City of Chula Vista, acting by and through its City Manager, pursuant to its City Council authorizing . suc.h execution, and by the City of San Diego, acting by and through its City Manager, pursuant to, its City Council authorizing such execution. . ,. .'-~.... CITY OF CHULA VISTA CITY OF SAN DIEGO By ~~7/J, ~~L,...o ('''1'7 City Manager I By ~~City K- 292779 FEB 2 2 2000 3-:10 I , , " I HEREBY APPROVE the' form and legality of the foregoing Memorandum of Understandip.g, on this 2 2nd day of Februarv ,2000. JOHN ~. KAHENY, City Attorney I HEREBY APPROVE the Understandingop. this ,;..t:rr day of form and 'M (N..rJ.A. legality of the foregoing Memorandum of ,2000. CASEY GWINN, City Attorney ,By tfj} Attachments: Exhibits A-B 3-11 ii EXHIBIT A Potential Sites South Bay Pump StatiQn .\ v- ~~~ \ ) 3-12 - . . " So REF!,;"'! O/IJU I'IST.t /(J,Tl1R! CUTtR ~~~./' .. d.,"I........ \ l_\~l!9'< ...... Legend Jlii Potential Pump Station Sites I" Alternative Pipeline Alignment .__ Open Trench Pipeline Alignment. C"!.'U VIST.! !.)otr"?f:.vrp,J.;'J, -" " rtSr.A m.ctlFr _ lur.t'tS --" ,. ".',:' "-. ..... /' ....- ,- ~ e .t:J -- ~ ." E ..::- 0'.... J: ~ ~ o >. ~ . 1: ~ '0 ~ ,. 'I , " .l " l ....' i .J I. -- ~ '. ... . ., ..;' . (R-2000-9l0) . RESOLUTION NUNIBER R- 292779 ADOPTED ON FEB 2 2 ,2000 " , 'vYHEREAS, the City of San Diego has been wo'rking with other county entities to locate a proposed pump station ana conveyance syst7m which will serve the residents ofthe South Bay area; and " WHEREAS, ten potential sites were identified, and Site No. I in the City ofChulaVista is the preferred site, as set f~rth in City Man~ger Report No. 'OD"~ , NOW, THEREFORE, BE IT RESOL VED,by the Council of The City of San Diego, that the pump station site referred to as Site No.1 is hereby designated as the proposed location for the South Bay Pump Station in connection with documentation under the California Environmental Quality Act of 1970 (CEQA). BE IT FURTHER RESOLvED, that the Council hereby approves the Memor~ndum of Understanding with the City of Chula Vista and authorizes the City Manager to execute, for and on behalf of the City, the Memorandum of Understanding with the City of Chula Vista concerning' the location and construction of the new South Bay Pump Station necessary to the metropolitan . . sewerage system, a copy of which is on file in the office of the City Clerk as Document Number . 292779 ", . RR-' .' APPROVED: CASEY GWINN, City. Attorney ~ . . By 'Mff/~ Ted Bromfi Deputy City Attorney -PACSEi 4JF 2- .' :~" - TB:mb 02/08/00 Or.DeptM'vVWD Aud.Cert:N/A R-2000-910 Form=r-t.frrn , -PProB.5 OF 2- " .' I '.' .:'." ". f f " ". Passed and adopted by the Council of San Diego on . February 22. 2000 by the following vote: YEAS: MATms. KEHOE. STEVENS, WARDEN, STALLINGS. McCARTY. VARGAS. MAYOR GOLDING. " NAYS: NONE. NOT PRESENT: WEAR. AUTHENTICATED BY: SUSAN GOLDING Mayor of The City of San Diego, California CHARLES G. ABDELNOUR City Clerk of Th.e City of San Diego, California (SEAL) By: Esther Woron1cz , Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of . RESOLUTION NO. Rtz9Z779 ,passed an.d adopted by the Council of The City of San . . . . Diego, California on February 22, 2000 . CHARLES G. ABDELNOUR City Clerk of The City of San Diego, California (SEAL) . By: 3-16 RESOLUTION NO. RESOLUTION GRANTING AN EASEMENT OVER A PORTION OF CITY RIGHT-OF - WAY IN BAY BOULEVARD TO THE CITY OF SAN DIEGO FOR SEWER PURPOSES AS NECESSARY FOR THE SOUTH BAY SEWER PUMP STATION, SOUTH BAY SEWER AND APPURTENANCES . t WHEREAS, the City of Chula Vista and the City of San Diego entered into a Memorandum of Understanding concerning the location and construction of the South Bay Sewer Pump Station in March 2000; and WHEREAS, in exchange for the City of San Diego selecting an option for the location of their sewer pump station that was acceptable to the City of Chula Vista, a condition of that Memorandum of Understanding was that the City grant an Easement to the City of San Diego within the City right-of-way for Bay Boulevard from Main Street north to D Street as necessary for the construction of the South Bay Sewer and appurtenances; and WHEREAS, the City of San Diego is not sure when they will construct this facility and due to potential changes in the location of Bay Boulevard caused by development of the bay front, the City has sought and received from the City of San Diego, provisions in the Grant of Easement that protect the City's options when the bay front develops; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines; therefore, pursuant to Section l5060( c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW, THEREFORE, the City Council of the City Of Chula Vista does resolve as follows: The City of Chula Vista hereby grants to the City of San Diego an easement along Bay Boulevard as more particularly described in Exhibit "A" (attached hereto) and authorizes the Mayor and City Clerk to execute said easement deed on behalf of the City of Chula Vista. Presented by Approved as to form by Acting Director of Engineering Leah Browder 3-17 Recording Requested by: City Clerk After recording mail to: City Clerk City of San Diego Mail Station 2A t I 0 PTN ,. , SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) Presented for record by the CITY OF SAN DIEGO SEWER EASEMENT DEED For and in consideration of a valuable consideration CITY OF CHULA VISTA, a municipal corporation HEREBY GRANTS to the City of San Die90, a municipal corporation, in the County of San Diego, State of California, the permanent easement and right of way to construct, reconstruct, maintain, operate and repair a public sewer or sewers. including any or all incidents and appurtenances thereto, together with the right of ingress and egress, over, under, upon, along and across all that real property situated in the City of San Diego, County of San Diego, State of California, described as follows: (See Attached Legal Description - Exhibit "A") Reserving unto Grantor herein, their heirs and assigns, the continued use of the above described parcel of land subject to the following conditions: The erecting of buildings, masonry walls, fences and other structures; the planting or growing of trees: the changing of the surface grade; and the installation of privately-owned pipelines shall be prohibited except by written permission of the City of San Diego. The parties hereby agree and acknowledge that should future improvements or development make the location of the easement granted herein impractical or un-usable, the City of Chula Vista will provide to the City of San Diego a replacement easement of comparable size in a location that meets with the approval of the City of San Diego, and that said approval will not be unreasonably withheld. Upon acceptance of said replacement easement, the City of San Diego agrees to vacate the easement granted herein. This is to certify that the interest in real CITY OF CHULA VISTA, a municipal corporation property conveyed by this instrument to the City of San Diego, a municipal corporation, is hereby accepted by the undersigned officer on behal f of the Ci ty of San Di ego pursuant By: to authority conferred by Resolution No. 250320, adopted by the Council of the City bf San Diego on October 1, 1979, and the grantee consents to recordation thereof by its duly By: authorized officer. Dated: By: James F. Barwick, Director Real Estate Assets Department South Bay Pump Station and Conveyance System/Job:522336/Dwg: 30998/s1g/06-30-2006 3-18 I CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT rX'P;0=""'~~~&-""(,~R<-A&'~~&"""~9<'R<-R<-R!<'~dXi;';"~~=-~~~'0'~.&>&2&f:c~i!!f'&<C'''~_~ ~ State of califOmia} I I County of ss. ". . i : '" _ """om. -~~..:._-~__, I . personally appeared ~~:::~~~;:y known to me I ~ ;Vi~:~~:d to me on the basis of satisfactory ~ ~ to be the person(s) whose name(s) is/are ~ subscribed to the within instrument and ,I acknowledged to me that he/she/they executed I .,~'" the same in his/her/their authorized ~ X' capacity(ies), and that by his/her/their ~ i~ signature(s) on the instrument the person(s), or ~.".', ~ the entity upon behaif of which the person(s) Q' I(f;; acted, executed the instrument. .~ &; ;>! ~ ~ !!'I WITNESS my hand and officiai seal. ~ ~ g ~j Signature cl Notary Publk: ?ii'1 ~ ~ i~.:,. OPTIONAL ~..:: ~j Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent ~I ~ fraudulent removal and reattachment of this form to another document. @i ,~ Description of Attached Document ~ i I ~ Trtie or Type of Document: ~ ~ Document Date: Number of Pages: ~, ~ ~ "~ Signer(s) Other Than Named Above: 1J> ~ ~ ~ ry ,~ Capacity(ies) Claimed by Signer ;;; ~ ~ ;~ Signer's Name: ~ % 0 Individual Top of thumb here ~ ,~ 0 Corporate Officer - Title(s): ~ ~ 0 Partner - 0 Limited 0 General ~ ,i.\! 0 Attorney-in-Fact !R 11i 0 Trustee ~.".'~." !~)" 0 Guardian or Conservator ~ " o Other: ~ " I ~ Signer Is Representing: . . . ~ ~'l'@0.'9>~~~:g.~~~""~~~~"'~~..r~~~~~~~~~~~.:A.>~~~j C 1999 National NolaryAs:aociallon. 9350 De Sotc Ave., P,O. ao~ 2402' Chalswortl1, CA 91313-2402' www.naUonaI1101ary.org Prod. Nc.5907 Reorder: CalITolI-Fr",-a0lHl76-6ll27 3-19 Page 1 of 2 "SEWER EASEMENT ACQUISITION" All that portion of Frontage Road 0V est), Anita Street, Bay B9u1evard, and D Street, in the City of Chula Vista, the County of San Diego, The State of Califon\ia;,being a strip of land 10.00 feet wide, the centerline of which is described as follows: ' Co=encing at the intersection of the centerline of Main Street and the 18.00 foot offset line of Frontage Road 0Vest) as shown on Ros 11896, filed on 11/03/1988 in the Office of the County Recorder of San Diego County; Thence South 87 054'56" East 7.35 to the True Point of Beginning; Thence North 19048'06" East 882.20 feet to the beginning of a tangent curve having a radius of 504.36 feet, concave northwesterly; Thence northerly along said curve 172.25 feet, through a central angle of 19034'04"; Thence North 00014'03" West, 325.99 feet; Thence North 88000'51" West 394.18 feet; Thence North 14050'39" West, 193.07 feet to the beginning of a tangent curve having a radius of 607.00 feet, concave southwesterly; Thence northwesterly along said curve 162.97 feet through a central angle of 15023'00'; Thence North 30 0 13'39" West, 521.15 feet to the beginning of a tangent curve having a radius of 493.00 feet, concave northeasterly; Thence northwesterly and westerly along said curve 283.70 feet through a central angle of32 0 58'18"; Thence North 02044'39" East, 1,101.73 feet to an intersection with the northerly line of Palomar Street (formerly Eighth Street) as shown on said Map 1349; Thence North 02042'46" East, 2,373.48 feet to an intersection with the northerly line of Moss Street as shown on Map 5986, f1led on 10/19/1967 in the Office of the County Recorder of San Diego County; Thence continuing North 02042'46" East 455.52 feet; Thence North 02 002'39" East 264.83 feet; Thence North 02 033'02" East 316.28 feet to the beginning of a tangent curve having aradius of 1,885.00 feet, concave westerly; Thence northerly along said curve 249.99 feet through a central angle of 07 035'55"; Thence North 05002'53" West 415.25 feet; Thence North 05029'33" West 257.31 feet; Thence North 03 039'08" West 205.26 feet; Thence North 01026'30" West 419.19 feet, to the beginning of a tangent curve having a radius of 1,032.00 feet, concave southwesterly; Thence northwesterly along said curve 354.32 feet through a central angle of 19040'19"; Thence North 21 006'49" West 360.19 feet, to the beginning of a tangent curve having a radius of 424.00 feet, concave southwesterly; Thence northwesterly along said curve 366.86 feet through a central angle of 49034'26" to the beginning of a tangent curve, having a radius of 401.00 feet, concave northeasterly; Thence along the arc of said curve a distance of379.28 feet through a central angle of 54011'31 "; Thence North 16029'43" West 146.39 feet; to an intersection with the centerline of J Street as shown on Parcel Map 13581, filed on 12/06/1984, in the Office of the County Recorder of San Diego County; Thence North 1 r 33'43" West 198.84 feet to the beginning of a tangent curve having a radius of 296.00 feet, concave easterly; Thence northwesterly, westerly and northeasterly along said curve 232.78 feet through a central angle of 45003'27"; Thence North 2r29'44" East, 134.99 feet to the beginning of a tangent curve having a radius of 304.00 feet, concave northwesterly; Thence northeasterly and westerly along said curve 214.46 feet through a central angle of 40 025'14";Thence North 12055'29" West 389.40 feet; Thence North 15001'39" West 97.49 feet; Thence North 12031'30" West 143.97 feet; Thence North 12033'22" West 329.64 feet to the beginning of a tangent curve having a radius of 1,527.00 feet, concave southwesterly; Thence northwesterly along said curve 3-20 I I Page 2 of 2 383.92 feet through a central angle of 14 '24'20"; Thence North 26'47'59" West 619.75 feet; to an intersection with the centerline of H Street as shown on Bay Villa Tract Map 1198, dated 07/30/1909, on file in the Office of the County Recorder of Sav. Diego County; Thence North 07' 26'02" West 159.83 to the beginning of a tangent curve having' a radius of 1,569.00 feet, concave southwesterly; Thence northwesterly along said curve 166.38 feet through a central angle of 06'04'33'; Thence North 13 '30'35" West 755.43 feet; Thence North 16 '38'33" West 245.91 feet to an intersection with the easterly prolongation of the centerline of G Street as shown on RoS 4585, filed on 02/13/1958 in the Office of the County Recorder of San Diego County; Thence continuing North 16 '38'33" West 146.98 feet; Thence North 18 '08'47" West 427.45 feet, to the beginning of a tangent curve having a radius of 2,004.00 feet, concave southwesterly; Thence northwesterly along said curve 255.27 feet through a central angle of 07' 17'54"; Thence North 25'26'41" West 128.22 feet; Thence North 25 '32'18" West 322.73 feet; ThenceNorth 23' 17'57" West 80.67 feet to the beginning of a tangent curve having a radius of283.20 feet, concave southwesterly; Thence northwesterly along said curve 205.80 feet through a central angle of 41 '38'09"; Thence North 64 '58'23" West 111.42 feet to the beginning of a tangent curve having a radius of 291.00 feet, concave northeasterly; Thence northwesterly and northerly along said curve 196.67 feet through a central angle of38 '43'19" to the beginning of a tangent curve, having a radius of 1,491.00 feet; Thence along the arc of said curve a distance of2l9.04 feet, through a central angle of 08 '25'02"; Thence North 17' 50'02" West 643.23 feet; to an intersection with the centerline ofE Street as shown on Parcel Map 2567, flied on 04/18/1973 in the Office of the County Recorder of San Diego County; Thence continuing North 17'50'02" West 384.86 feet; Thence North 17 '42'38" West 943.42 feet to an intersection with the westerly prolongation of the centerline ofD Street as shown on Marlborough Heights Map 1336, filed on OS/25/1911, in the Office of the County Recorder of San Diego County. Side lines to terminate on the South: at an intersection with center line of Main Street and on the North: at an intersection with the westerly prolongation of the centerline of D Street. Said easement contains 187,399.26 sq. fl.( 4.302095 acres) See City of San Diego Drawing No. 30998-D ~~~ Lester E. Carter ~ 6148 Sr. Land Surveyor, Field Engineering My Registration Expires 3/31/06 1-- 0;-- 2aJ2-- Date file: sbay Jev.wpd w.o. 192155 04/05/02 - dgb 3-21 f I COUNCIL AGENDA STATEMENT Item No.: ~ Meeting Date: 10/10/06 ',. , ITEM TITLE: Resolution of the City Council of the City of Chula Vista appropriating $590,173 in unused Grant funds to the FY07 State Grant Fund. Directm OfP'7 & Bllil~P> City Manager d I 4/5THS VOTE: YES X No SUBMITTED BY: REVIEWED BY: SUMMARY: This resolution carries forward $590,173 in unused grant funds from FY06 to FY07. The Community-Based Transportation Planning grant is State funded and will provide up to $201,560 for the Eastern University District Transit Plan. The Transportation Demand Management grant is Air Pollution Control District funded and will provide $388,613 for traffic congestion reduction. RECOMMENDATION: That City Council adopt the resolution appropriating $590,173 in unused Grant funds to the FY07 State Grant Fund. BOARD/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background Summary The Eastern University District Transit Plan will provide a conceptual transit-oriented plan and designs for a critical 2,OOO-acre section of the master planned Otay Ranch community. Ultimately, the project will provide a state-of-the-art Bus Rapid Transit (BRT) network linking Otay Ranch's town centers, a university campus, a regional technology park, and an urban center with each other and with activity centers in downtown San Diego, Southern San Diego County and the region. 4-1 I I Page 2, Item No.: -4 Meeting Date: 10/10/06 Council approved the receipt of $201,560 in California Department of Transportation grant funds and appropriated these funds to the FY06 budget with Council Resolution 2006-015. These appropriations were unused during FY06 due to delays in completing the General Plan Update and the need to advertise twice to obtain competitive bids. The Eastern Chula Vista Traffic Demand Management Program is a residential-based program centered on marketing and information campaigns directly in tht: community. Council approved the receipt of $414,325 in Air Pollution Control District grant funds with Council Resolution 2004- 121. This program got a late start due to contract negotiations with bus companies and a delayed advertising campaign, but in FY06 $25,712 was spent of the budgeted appropriation to pay for bus services. Staff estimates program completion no later than December 2007. DECISION-MAKER CONFLICTS: Not Applicable Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT: Tonight's resolution will appropriate $590,173 in grant funding for transportation and traffic reduction projects. Expenditures for these projects are fully offset by the grant revenues. There is no impact to the General Fund as a result of this appropriation. H:\Planning\BobMc\FY07 Grant Budget Al13r1.doc 4-2 f f RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRlATING $590,173 IN UNUSED GRANT FUNDS TO THE FY07 STATE GRANT FUND WHEREAS, on January 17, 2006 Council app:t:Oved Resolution 2006-015 appropriating grant funds for the Eastern University District Transit Plan; and WHEREAS, due to program delays, the grant funds were not expended during FY06; and WHEREAS, on April 20, 2004 Council approved Resolution 2004-121 appropriating grant funds for the Transportation Demand Management Program; and WHEREAS, due to extracted contract negotiations and a delayed advertising campaign the program got a late start and did not expend all grant funds during FY06; and WHEREAS, the remaining balances for these grant programs are not currently reflected in the FY07 Budget. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council does hereby appropriate $590,173 in unused grant funds to the FY07 State Grant Fund in the amounts of $20 1,560, for the Eastern University District Transit Plan and $388,613, for Transportation Demand Management. Presented by Approved as to form by J.D. Sandoval Planning & Building Director ey .fbi, . H:\PlanninglBobMcIFY07 Grant Budget Reso 9-26-06.doc 4-3 f I COUNCIL AGENDA STATEMENT Item 10 Meeting Date 10/10/06 ITEM TITLE: Public Hearing: Consideration of an ''iUnendment to the Chula Vista Municipal Code to add the prohibition of smoking in City parks ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN FRlENDSHIP PARK ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF INDEPENDENCE PARK AND RANCHO DEL REY PARK ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF MEMORIAL PARK AND DISCOVERY PARK ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.30 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF ANY CITY PARK NOT SPECIFICALL Y DESIGNATED IN THIS SECTION SUMMITTED BY: Director of Public Works Operations f,J}/;,...f;x ~ REVIEWED BY: City Manager JI (4/5 Vote: Yes_ No...xJ Council asked staff to look at "analyzing the effects of smoking in parks" at the November 15, 2005, Council meeting. Furthermore, the City's Parks and Recreation Commission also independently asked staffto look at banning smoking in parks. Based on staff s analysis, it is recommended that smoking be prohibited in City parks, per the attached ordinance. RECOMMENDATION: That Council conduct the public hearing and place the following ordinances on first reading: A. Ordinance of the City of Chula Vista prohibiting smoking ill any portion of Friendship Park. B. Ordinance of the City of Chula Vista prohibiting smoking ill any portion of Independence Park and Rancho Del Rey Park. 5-1 Page 2, Item 5 Meeting Date 10110706 C. Ordinance of the City of Chula Vista prohibiting ~moking in any portion of Memorial Park and Discovery Park. , , D. Ordinance of the City of Chula Vista prohibiting smoking in any portion of all City parks except Friendship Park, Independence Park, Rancho Del Rey Park, Memorial Park, and Discovery Park. BOARD/COMMISSION RECOMMENDATION: At the June 22, 2006, Parks and Recreation Commission Meeting, the Commission endorsed (6-0) approval of the proposed new ordinance prohibiting smoking at City parks. DISCUSSION: There are two primary issues associated with smoking in City parks: I) the health consequences associated with smoking and second-hand smoke and 2) impacts on the environment. Health Consequences. Each day, thousands of children and families visit the parks and facilities in the City of Chula Vista to use the playground equipment, play sports, or just enjoy being outside with friends. . When children see adults smoking in a family-friendly place, it "normalizes" smoking, thereby making children more likely to try tobacco products. . According to the American Lung Association, the second hand smoke created by smokers is harmful to both children and adults. Secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at least 43 are distinct cancer-causing chemicals, these are especially harmful to young children and children with asthma. . According to the American Lung Association, smoking is the single most important source of preventable disease in California. Tobacco related disease places tremendous financial burden upon the health care system. Environmental Impact. Cigarette butts take one to five years to break down and are the most littered item in the world. In addition, wind and rain often carry cigarette butts into waterways and threaten the quality of the water. Additionally, cigarette filters have been found in fish, birds and other animals who mistake them for food. Littering of cigarette butts is a maintenance concern and very time- consuming to eradicate. Enforcement. Based on tobacco control efforts throughout California, proper signage and public awareness has resulted in self-policing and enforcement; thereby requiring little police involvement. 5-2 I , Page 3, Item~ Meeting Date 10/10/06 Furthermore, a number of cities within San Diego County currently have smoke free parks, including the following: National City, Del Mar, Imperial ,Beach, EI Cajon, La Mesa, Solana Beach and City of San Diego. . . Current Restrictions on Smokilll!: in City Parks. In 2001, Assembly Bill 188 was passed as California Health and Safety Code Section 104495 (CA HSC 104495), creating smoke-free playgrounds or tot lot areas. CA HSC 104495 prohibits smoking within 25 feet of a playground or tot lot area located in public/private school grounds, or on city, county, or state parks. As a result, signs are currently posted at all City parks prohibiting smoking within 25 feet of a playground or tot lot. This amendment would broaden the scope of the State ban and include the entire park. Public Support for Banninl!: Smokinl!: in Parks. On June 6, 2006, Council approved an ordinance prohibiting smoking in all outdoor dining establishments. Research indicates that 73% of Californians agree and prefer smoke-free dining areas. According to the California Tobacco Survey 2002, only 15% ofresidents in San Diego County are smokers and only 10% are daily smokers. Furthermore, in San Diego County, 89% of adults believe that secondhand smoke causes lung cancer in nonsmokers; and 97% of adults believe that secondhand smoke harms the health of babies and children. Healthy Eating Active Communities (HEAC) is a four-year initiative, funded by the California Endowment, to address obesity and diabetes among children by improving food and physical activity environments. The California Endowment, a statewide health foundation, selected six California cities to participate in its $26 million initiative. Western Chula Vista is one of these selected sites. The HEAC grantees in Chula Vista are South Bay Partnership, Chula Vista Community Collaborative, San Diego County Health and Human Services Agency-South Region, Sweetwater Union High School District, and Chula Vista Elementary School District. The City ofChula Vista is one ofHEAC's partners in this venture. HEAC is very supportive of having smoke-free parks in the City. According to Dana Richardson, Director of the South Bay Partnership and the spokesperson for HEAC: "From HEAC's perspective, it would be a step in the right direction to eliminate tobacco use in parks to encourage the use of these areas by families with children and visitors. By eliminating smoking at these venues, the City would further encourage residents to utilize these areas for physical activity. Eliminating smoking in parks would encourage our young people and adults to reduce their intake of tobacco, particularly in these public spaces - again benefiting families. We all know about the problems related to smoking and the ills of second hand smoke to non- smokers and larger society; however, taking it all one step further ... let's think about the poor lifestyle modeling which passes on from generation to generation when smoking remains 5-3 I , Page 4, Item ~ Meeting Date 10/1 0/06 permissible in these areas. The benefits to our population would be phenomenal for the entire community, and the next health legacy of Chula Vista." Recommendation. Due to the health consequences of secondhand smoke and the environmental recommends establishing an ordinance prohibiting smoking in City parks. '. . impacts, staff Decision Maker Conflicts. Council Member Jerry Rindone will not vote on Recommendation A as he has property holdings within 500 feet of the boundaries of Friendship Park, which is the subject of this action. Council Member Patricia Chavez will not vote on Recommendation B as she has property holdings within 500 feet of the boundaries of Independence Park and Rancho del Rey Park, which are the subject of this action. Council Member Steve Castaneda will not vote on Recommendation C as he has property holdings within 500 feet of the boundaries of Memorial Park and Discovery Park, which are the subject of this action. This ordinance shall apply to all city-owned parks (Recommendation D) within the boundaries of the City of Chula Vista, with the following exceptions: Friendship Park, Independence Park, Rancho del Rey Park, Memorial Park, and Discovery Park. FISCAL IMPACT: Funds are available in current CIP project for parks to purchase signs prohibiting smoking throughout City parks. Total cost is estimated at $10,000. Attachment: Copy of Ordinance C:\Documents and Settings\robertb\My Documents\Bob\Agenda Statement ~ No Smoking in Parks. doc 5-4 ORDINANCE NO. 2006- ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN FRIENDSHIP PARK \VHEREAS, smoking is the single most important source or preventable disease ill California; and WHEREAS, the World Health Organization (WHO) estimates that by 2030, tobacco will account for lO million deaths per year, making it the greatest cause of death worldwide; and WHEREAS, the United States Environmental Protection Agency (EP A) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen; and WHEREAS, secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at least 43 are distinct cancer-causing chemicals, especially harmful to young children and children with asthma; and \VHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 nonsmokers each year, including 3,000 deaths from lung cancer; and WHEREAS, between 4,200 and 7,440 nonsmokers die of ischernic heart disease from secondhand smoke each year in California; and WHEREAS, 87.9 percent of nonsmokers showed detectible levels of cotmme (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SillS) in infants of mothers who smoke; and WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in children; and WHEREAS, secondhand smoke has been ruled to be in the same class of toxic air pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and WHEREAS, secondhand smoke has been linked to lower test scores, asthma, and numerous other health risks for children; and WHEREAS, when children see adults smoking in a family-friendly place, it "normalizes" smoking, thereby making children more likely to try tobacco products; and 5-5 , , Ordinance No. 2006- Page 2 WHEREAS, cigarette butts take one to five years to break down and are the item most frequently discarded as litter in the world; and WHEREAS, wind and rain often carry cigarette blltts.:.into waterways and threaten the quality of the water; and ' WHEREAS, cigarette filters have been found in fish, birds and other animals who mistake them for food; and WHEREAS, littering of cigarette butts is a park maintenance concern and very time- consuming to eradicate; and \VHEREAS, due to the health consequences of secondhand smoke and the environmental impacts, staff recommends establishing an ordinance prohibiting smoking in City parks. WHEREAS, it is the intent of the City Council in enacting this ordinance, to provide for the health, safety, and welfare of the public by discouraging the inherently dangerous behavior of tobacco use around non-tobacco users by protecting children from exposure to smoking and tobacco while they use the playground equipment, play sports, or enjoy being outside with family or friends; by reducing the potential for children to associate smoking and tobacco with a healthy lifestyle; and by affirming and promoting the family atmosphere of the City's public parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I: Section 8.22.030 is hereby amended to add Subsection C, as follows: C. No person shall smoke in any portion of Friendship Park. SECTION 2: This ordinance shall take effect and be in full force thirty days from its adoption. Presented by Approved as to form by ~~~ Ann Moore City Attorney Dave Byers Director of Public Works Operations 5-6 I I ORDINANCE NO. 2006- ORDINA."iCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN A.NY PORTION OF INDEPENDENCE PARK AND RANCHO DEL REY PARK \VHEREAS, smoking IS the single most important source or preventable disease m California; and \VHEREAS, the World Health Organization (WHO) estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide; and \VHEREAS, the United States Environmental Protection Agency (EP A) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen; and \VHEREAS, secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at least 43 are distinct cancer-causing chemicals, especially harmful to young children and children with asthma; and \VHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 nonsmokers each year, including 3,000 deaths from lung cancer; and \VHEREAS, between 4,200 and 7,440 nonsmokers die of ischemic heart disease from secondhand smoke each year in California; and \\lHEREAS, 87.9 percent of nonsmokers showed detectible levels of cotmme (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SIDS) in infants of mothers who smoke; and \VHEREAS, secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in children; and \VHEREAS, secondhand smoke has been ruled to be in the same class of toxic arr pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and \VHEREAS, secondhand smoke has been linked to lower test scores, asthma, and numerous other health risks for children; and 5-7 Ordinance No. 2006- Page 2 WHEREAS, when children see adults smoking in a family-friendly place, it "normalizes" smoking, thereby making children more likely to try tobaccq products; and , WHEREAS, cigarette butts take one to five years to break down and are the item most frequently discarded as litter in the world; and WHEREAS, wind and rain often carry cigarette butts into waterways and threaten the quality of the water; and WHEREAS, cigarette filters have been found ill fish, birds and other animals who mistake them for food; and WHEREAS, littering of cigarette butts is a park maintenance concern and very time- consuming to eradicate; and WHEREAS, due to the health consequences of secondhand smoke and the environmental impacts, staff recommends establishing an ordinance prohibiting smoking in City parks. WHEREAS, it is the intent of the City Council in enacting this ordinance, to provide for the health, safety, and welfare of the public by discouraging the inherently dangerous behavior of tobacco use around non-tobacco users by protecting children from exposure to smoking and tobacco while they use the playground equipment, play sports, or enjoy being outside with family or friends; by reducing the potential for children to associate smoking and tobacco with a healthy lifestyle; and by affirming and promoting the family atmosphere of the City's public parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1: Section 8.22.030 is hereby amended to add Subsection D, as follows: D. No person shall smoke in any portion of Independence Park or Rancho Del Rey Park. SECTION 2: This ordinance shall take effect and be in full force thirty days from its adoption. Presented by Approved as to form by ~~\'b-~)i Ann Moore ' City Attorney Dave Byers Director of Public Works Operations 5-8 I I ORDINA.NCE NO. 2006- ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROIDBIT SMOKING IN ANY PORTION OF MEMORIAL PARK A.c"ID DISCOVERY:PARK WHEREAS, smoking IS the single most important source or preventable disease ill California; and \VHEREAS, the World Health Organization (WHO) estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide; and WHEREAS, the United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health., and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen; and WHEREAS, secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at least 43 are distinct cancer-causing chemicals, especially harmful to young children and children with asthma; and WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 nonsmokers each year, including 3,000 deaths from lung cancer; and WHEREAS, between 4,200 and 7,440 nonsmokers die of ischemic heart disease from secondhand smoke each year in California; and WHEREAS, 87.9 percent of nonsmokers showed detectible levels of cotmme (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SmS) in infants of mothers who smoke; and WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in children; and \VHEREAS, secondhand smoke has been ruled to be in the same class of toxic au pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and WHEREAS, secondhand smoke has been linked to lower test scores, asthma, and numerous other health risks for children; and 5-9 , , Ordinance No. 2006- Page 2 WHEREAS, when children see adults smoking in a family-friendly place, it "normalizes" smoking, thereby making children more likely to try tobacco products; and WHEREAS, cigarette butts take one to five years to break down and are the item most frequently discarded as litter in the world; and ' WHEREAS, wind and rain often carry cigarette butts into waterways and threaten the quality of the water; and WHEREAS, cigarette filters have been found ill fish, birds and other animals who mistake them for food; and WHEREAS, littering of cigarette butts is a park maintenance concern and very time- consuming to eradicate; and WHEREAS, due to the health consequences of secondhand smoke and the environmental impacts, staff recommends establishing an ordinance prohibiting smoking in City parks. WHEREAS, it is the intent of the City Council in enacting this ordinance, to provide for the health, safety, and welfare of the public by discouraging the inherently dangerous behavior of tobacco use around non-tobacco users by protecting children from exposure to smoking and tobacco while they use the playground equipment, play sports, or enjoy being outside with family or friends; by reducing the potential for children to associate smoking and tobacco with a healthy lifestyle; and by affirming and promoting the family atmosphere of the City's public parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I: Section 8.22.030 is hereby amended to add Subsection E, as follows: E. No person shall smoke in any portion of Memorial Park or Discovery Park. SECTION 2: This ordinance shall take effect and be in full force thirty days from its adoption. Presented by Approved as to form by Dave Byers Director of Public Works Operations ~~~~~ Ann Moore City Attorney 5-10 ORDINANCE NO. 2006- ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.30 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF A.l\TY: CITY PARK NOT SPECIFICALL Y DESIGNATED IN THIS SECtION WHEREAS, smoking is the single most important source or preventable disease ill California; and WHEREAS, the World Health Organization (WHO) estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide; and WHEREAS, the United States Environmental Protection Agency (EP A) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen; and WHEREAS, secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at least 43 are distinct cancer-causing chemicals, especially harmful to young children and children with asthma; and WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 nonsmokers each year, including 3,000 deaths from lung cancer; and WHEREAS, between 4,200 and 7,440 nonsmokers die of ischemic heart disease from secondhand smoke each year in California; and WHEREAS, 87.9 percent of nonsmokers showed detectible levels of cotinine (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SillS) in infants of mothers who smoke; and WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in chil dren; and WHEREAS, secondhand smoke has been ruled to be in the same class of toxic air pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and WHEREAS, secondhand smoke has been linked to lower test scores, asthma, and numerous other health risks for children; and 5-11 Ordinance No. 2006- Page 2 WHEREAS, when children see adults smoking in a family-friendly place, it "normalizes" smoking, thereby making children more likely to try tobacco products; and WHEREAS, cigarette butts take one to five years t~ b~eak down and are the item most frequently discarded as litter in the world; and ' WHEREAS, wind and rain often carry cigarette butts into waterways and threaten the quality of the water; and \VHEREAS, cigarette filters have been found In fish, birds and other animals who mistake them for food; and WHEREAS, littering of cigarette butts is a park maintenance concern and very time- consuming to eradicate; and WHEREAS, due to the health consequences of secondhand smoke and the environmental impacts, staff recommends establishing an ordinance prohibiting smoking in City parks; and WHEREAS, this ordinance shall apply to all city-owned parks within the boundaries of the City of Chula Vista, with the following exceptions: Friendship Park, Independence Park, Rancho del Rey Park, Memorial Park, and Discovery Park, which are specifically designated in section 8.22.030; and WHEREAS, it is the intent of the City Council in enacting this ordinance, to provide for the health, safety, and welfare of the public by discouraging the inherently dangerous behavior of tobacco use around non-tobacco users by protecting children from exposure to smoking and tobacco while they use the playground equipment, play sports, or enjoy being outside with family or friends; by reducing the potential for children to associate smoking and tobacco with a healthy lifestyle; and by affirming and promoting the family atmosphere of the City's public parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1: Section 8.22.030 is hereby amended to add Subsection F, as follows: F. No person shall smoke in any portion of any other City park not specifically designated in this section. SECTION 2: This ordinance shall take effect and be in full force thirty days from its adoption. Presented by Approved as to form by ~~~~~. Ann Moore City Attorney Dave Byers Director of Public Works Operations 5-12 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item No.: fa Meeting Date: 10/10/06 Consideration to add an Ordinance to the Chula Vista Municipal Code that will require physicians to show proof of valid state license prior to issuance of a business license. Director of Planning an~ildingf' Interim City Manager (J' (4/Sths Vote: Yes No-X- Staff is recommending this item be rescheduled to the meeting of October 24, 2006. -6- COUNCIL AGENDA STATEMENT v; Item Meeting Date 10/10/06 ITEM TITLE: Public Hearing: Consideration of an amendment to the Chula Vista Municipal Code Title 6 "Animals" to include Public Sale of Cats and Dogs Prohibited (CVMC 6.30.020) and Public Sale of Chicks and Rabbits Restricted (CYMC 6.30.030.) , Ordinance Amending Chula Vista Municipal Code Title 6 "Animals" to include Public Sale of Cats and Dogs Prohibited (CVMC 6.30.020) and Public Sale of Chicks and Rabbits Restricted (CVMC 6.30.030.) SUBMITTED BY: Director of General Services ~ REVIEWED BY: City Manager fi (4/5ths Vote: No X ) It is recommended this item be continued to the meeting of October 24, 2006. M:\General Services\GS Administration\Council Agenda\ACF\Sale ordinance staff report, 10-1 0-06-cont'd.doc -7- Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 ellY OF 619.691.5044 - 619.476.5379 Fax CHUIA VISTA MEMO September 26, 2006 FROM: Honorable Mayor & City CouncJ LJia Cesena 7ft. TO: RE: Planning Commission Interviews Below is the list of candidates scheduled for interviews on Tuesday, October 10, 2006 beginning at 7:00 p.m. in CouncJ Chambers. Their applications are attached for your reference. If you have any questions or need further information, please let me l;:now. Planning Commission INTERVIEW SCHEDULE OF SELECTED APPLICANTS Tuesday, October 10, 2006 7 :00 p.m. INTERVIEW TIME CANDIDATE 1. 2. 3. 7:00 p.m. 7:15 p.m. 7:45 p.m. Pat Moriarty Rafael Munoz Gabriela Brannan Attachments. cc: Tom Oriola (wi attachments) 8-1